IS IT POSSIBLE FOR FOREIGNERS TO ESTABLISH A COMPANY IN TURKEY?
It is possible for foreigners to establish companies in Turkey. The necessary conditions are
regulated in the Foreign Direct Investment Law No. 4875. So who are foreign investors? In
terms of the requirements of the law, it includes natural persons who have a citizenship other
than the country in which they will invest. Of course, legal entities and international
organizations are also foreign investors.
Law No. 4875 regulates the principles for encouraging foreign direct investments, protecting
the rights of foreign investors and complying with international standards in the definitions of
investment and investor. This law covers the treatment of foreign direct investments.
WHAT KIND OF COMPANIES CAN INVESTORS SET UP?
Foreign investors may establish any of the company types specified in the Turkish
Commercial Code in Turkey in accordance with the principle of equality. The investors are
completely free to do business by establishing a company in the sector and type of company
they want.According to the Ministry of Trade of the Republic of Turkey, commercial
companies can be of five different types: Joint stock company, Limited liability company,
Collective company, Limited partnership, Limited partnership and Limited partnership with
capital divided into shares.The most common types of foreign investor companies in Turkey
are limited liability companies and joint stock companies. These two types of companies are
among the most preferred for foreign direct investment.
WHAT ARE THE CONDITIONS AND DOCUMENTS REQUIRED FOR INVESTORS TO
ESTABLISH A COMPANY?
There are some procedures that investors who want to establish a company in Turkey must
follow. Although it may seem overly complicated, in fact, many facilities are provided and
treated equally with domestic investors. Here are the required documents and regulations:
*Drafting the articles of association of the company
*Sending minutes and articles of association via MERSIS
*Preparation and notarization of documents
*Obtaining a potential tax number for the company
*Depositing a certain portion of the capital to the bank account of the Competition Authority
*Deposit of a certain portion of the share capital into the company bank account and
documentation
*Application to the Trade Registry Office for registration procedures
*Certification of some legal books related to the company
*Requesting the company establishment declaration from the tax office
*Preparation of signature circular
*Transferring some documents related to the company to e-TUYS system
WHY İS İT ADVANTAGEOUS FOR FOREİGNERS TO ESTABLİSH A COMPANY İN
TURKEY?
Establishing a company in Turkey has many advantages for foreign investors. Turkey has an
important place in the trade network with its geographical location and geopolitical position.
At the junction of Asia and Europe, it is easily accessible to many countries. It is also a
developing country with a high rate of young population and a qualified labor force. In
addition, foreign investors can freely transfer the income they earn in Turkey abroad. Work
permits for the employment of foreign personnel for the companies they establish in Turkey
are easily provided. Moreover, the reports of international value institutions are taken as basis
in determining the non-cash capital of foreign investors. They can resort to national or
international arbitration and other dispute resolution methods for potential legal disputes. In
short, many facilities and incentives have been provided for foreign investors
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