Establishing a Company Guide in Turkey
Reference: Presidency of the Republic of Turkey Investment office www.invest.gov.tr
TRANSFER OF HEADQUARTERS
MOVING THE HEADQUARTERS OF A COMPANY IN TURKEY TO ABROAD
It is possible to move the headquarters of a company established in Turkey to abroad is possible. In order to do so, the decision of the competent body must be taken and the necessary documents must be submitted to the relevant trade registry directorate, provided that the quorums specified in the Law are complied with. Upon the completion of these transactions, the records of the company shall be deleted by the directorate and the following documents shall be registered: decision of the authorized organ for moving the center abroad, trade title of corporation name, if any, after the headquarter of trade company is moved to the abroad, legal form, headquarters, and documents proving that measures have been taken to protect the creditors with the foreign authority authorized to register.
The documents required to be submitted to the directorate where the headquarters is registered in order to move the headquarters of the trading company abroad are as follows:
- Newspapers and documents proving that creditors are notified of the change in the position of the company as provided for in the company contract and in any case by means of announcement in the registry gazette and that they are invited to declare their receivables
- Written consent of all creditors or documents confirming that all receivables are paid or secured
- Letter to be taken from the tax office and social security institution where the company is registered, indicating that it has no debt or they are secured
- Document confirming the continuation of the activity of the trading company abroad, approved by the relevant authorities and its notarized Turkish translation
- Notarized copy of the decision of the competent body for moving the company’s headquarters abroa
MOVING THE HEADQUARTERS OF A FOREIGN COMPANY TO TURKEY
It is possible to move the headquarters of a company established in abroad to Turkey. In the registration of the companies, moving its headquarters to Turkey, provisions in establishment shall be applied. Trade registry directorates; during this registration, are responsible for investigating whether the company contract, which moves its headquarters to Turkey, is in compliance with Turkish law or has been adapted.
If a company’s headquarters moved to Turkey firstly, the documents necessary for registration of trading companies must be submitted to the directorate. In addition, the documents that need to be submitted to the directorate by the approval of relevant authorities are as follows:
- The document and its Turkish translation given by trade registry of the foreign country, if not by the competent authorities showing that, the company moving its headquarters to Turkey exists in accordance with foreign country’s legislation
- The document obtained from the competent authority abroad and the its Turkish translation regarding the change of the headquarters is in accordance with its own law
- For the company which headquarters is moved, the company contract that is adopted to Turkish law, and its Turkish translation.
- If the registration of the company that moves its headquarters is subject to permission, the permission letter obtained from the related institution