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tion in the name of the company. Therefore, the intellectual property
right is acquired only after its registration in the name of the company
by the relevant registry upon being informed. Registration is constitu-
tive
9
.
Another procedural step to be completed upon capital in kind con-
tribution is to provide the necessary details in relation thereto in the
founders’ declaration. In such declaration, the founders are required to
provide precise, justified and documented explanations as to the appro-
priateness of the consideration of the capital in kind, and on the neces-
sity and advantages of capital in kind contribution.
Conclusion
It is possible to contribute any appraisable and transferrable assets
that are not subject to encumbrances, attachments or measures as cap-
ital in kind, including intellectual property rights and electronic media,
provided that they are registered. Registration of the company and/or
the capital does not provide the transfer of the right in the name of the
company alone; intellectual property right becomes the property of the
company only after the registration of the same upon immediate noti-
fication of the relevant trade registry. Valuation is the core of contribu-
tion of intellectual property rights, as it is complex and unique in
respect of each intellectual property.
INTELLECTUAL PROPERTY LAW
333
9
Hasan Pulaşlı
, Yeni Şirketler Hukuku Genel Esaslar, Ankara 2012, p. 800.