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Intellectual Property Rights as Capital in Kind

*

Att. Ecem Cetinyilmaz

Introduction

Shareholders may contribute capital to their companies in cash or

in kind. Capital in cash can be subscribed and paid in Turkish Liras,

whereas capital in kind can be formed from different items. Any

appraisable and transferrable assets that are not subject to encum-

brances, attachments or measures can be contributed as capital in kind.

Types of Capital in Kind

Article 127 of the Turkish Commercial Code

1

(“TCC”) specifies

the assets that can be contributed as capital as follows:

(i) Cash, receivables, negotiable instruments and shares belong-

ing to commercial companies

2

,

(ii) Intellectual property rights,

(iii) Movables and any type of immovable,

(iv) Usufruct rights pertaining to movable and immovable prop-

erties,

(v) Personal effort,

(vi) Commercial reputation,

(vii) Commercial enterprises,

INTELLECTUAL PROPERTY LAW

329

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Article of October 2015

1

Turkish Commercial Code No. 6012 was published in the Official Gazette dated February 14,

2011 and numbered 27846, and entered into force on July 1, 2012.

2

Please see previous Newsletter article on receivables as capital: The Contribution of Receivables

as Capital in Commercial Companies,

http://www.erdem-erdem.av.tr/en/articles/the-contribu-

tion-of-receivables-as-capital-in-commercial-companies/; Tuna Çolgar (accessed on 19 October

2015).