• For whom type K authorization certificate is mandatory?
Registered in Chambers of Commerce, Chambers of Industry, Chambers of Commerce and Industry, Chambers of Craftsmen, and Chambers of Agriculture, owners of vehicles with pickup trucks, trucks, tow trucks, trailers, and semi-trailers have to buy one in accordance with the vehicle type in their licenses.
• Where can you obtain the type K authorization certificate?
It can be obtained from the affiliated Chamber of Commerce, Chamber of Commerce and Industry and Regional Directorate of Transportation or E-Government Gateway.
• For which vehicles the type K authorization certificate is required?
It is obtained for pickup trucks, trucks, tow trucks, trailers, semi-trailers, tankers and similar vehicles carrying the load.
• What type of K authorization certificate is required to you?
If your own load is only to be transported by a pickup truck, K2 is required.
If your own load is to be transported by truck, K2 is required.
If only urban transportation (carrying someone else’s load) is to be made (must be a pickup truck), K1 is required.
If intercity transportation is to be made, K1 is required.
K 1 Authorization Certificate: Those who will transport goods for commercial purposes,
For K1 authorization certificates in the name of real persons, the sum of the combined weight of the towing vehicles and the maximum loaded weight of the trucks and pickup trucks must not be less than 25 tons, The total must not be less than 50 tons.
K 1* Certificate of Authorization: Those who carry out transportation activities within the provincial borders with vehicles with a laden weight of fewer than 3.5 tons (pickup trucks, etc.),
K 2 Authorization Certificate: Those who will make special transportation,
K2* Authorization Certificate: Vehicles with a laden weight of fewer than 3.5 tons (pickup trucks, etc.) are engaged in transportation activities related to their field of activity,
K 3 Authorization Certificate: It is given to those who will transport moving goods for commercial purposes.
• Where can I obtain the type K authorization certificate application form?
You can obtain it from our website (https://www.kutso.org.tr/k-belgesi-islemleri/ ) or apply to the e-Government Gateway.
• Which documents are required to obtain the type K authorization certificate?
You can find the required documents via https://www.kutso.org.tr/k-belgesi-islemleri/.
• Can we give limited authority to someone?
After the registration of the internal directive prepared in accordance with Article 367 of the Turkish Commercial Code, the company can appoint a commercial attorney and commercial representative with limited authority.
• Do we have to get an e-signature for the registration application in MERSIS (Central Registration System)?
There is no need for an e-signature in company, branch, unlimited company and cooperative establishment registration procedures. You can apply as a member at http://mersis.gumrukticaret.gov.tr/ (membership is free.) However, when it is desired to make changes on a registered record, it is required to have an e-signature of the company official.
• Can we sign by proxy at the general assembly of a limited company?
If there is a signature by proxy in the general assembly of the limited company, authorization must be clearly given to the proxy ‘‘exclusively for that meeting by stating the title of the company, the meeting date, and the agenda’’.
• Is there a website where Turkish Trade Registry Gazettes are published on the internet?
For viewing the Turkish Trade Registry Gazettes on the internet, enter the www.tobb.org.tr page, click on the Turkish Trade Registry Gazette title on the right side of the window that opens, and become a member from the Free Newspaper Inquiry section under the title of Services (Turkish Trade Registry Gazettes published before 2004 cannot be viewed.).
• Is it obligatory to hold a general assembly every year in joint stock companies?
According to Article 409 of the Turkish Commercial Code, joint stock companies are obliged to hold an ordinary general assembly within 3 months from the end of each activity period.
• We are registered as a joint stock company. We elected the board of directors for 3 years. Do we have an obligation to hold a general assembly every year? If we hold the general assembly at the end of the accounting period in which the 3 years are over, will we encounter any problems?
According to Article 409 of the Turkish Commercial Code, joint stock companies are obliged to hold an ordinary general assembly within 3 months from the end of each operating cycle. Even if the board of directors is elected for 3 years, ordinary general meetings must be held within 3 months from the end of each operating cycle. This is the mandatory rule of the law.
• We want to start a new company. How can we find out if the trade name we want to use is appropriate?
A trade name cannot be registered in any registry office of Turkey without making the necessary addition to distinguish it from another previously registered title.
A previously registered trade name cannot be registered without making a distinctive addition to another trade name with the same annex and the first phrase indicating the subject of operation within the scope of Article 46 of the Turkish Commercial Code.
Example 1: If the trade name of “A İnşaat Otomotiv Tekstil Sanayi ve Ticaret Anonim Şirketi” has been registered before, the trade name of “A İnşaat Tekstil Turizm Sanayi ve Ticaret Anonim Şirketi” cannot be registered without making a distinctive addition.
Example 2: If the trade name of “B İnşaat Otomotiv Sanayi Anonim Şirketi” has been registered before, the trade name of “B Turizm İnşaat Sanayi Anonim Şirketi” can be registered without making any distinctive additions.
Example 3: If the trade name of “C Turizm Limited Şirketi” has been registered before, the trade name of “C Turizm Anonim Şirketi” cannot be registered without making a distinctive addition.
• We are registered as a limited company. With the decision of the shareholders’ board of our company in 2005, a manager has been appointed from outside the partners. Can we dismiss the manager appointed from outside the partner and appoint another person as the manager?
In the 1st paragraph of Article 630 of the Turkish Commercial Code, ‘‘the GA can remove the manager or managers from office or restrict their management rights and representative authority’’. In addition, in the second paragraph, it is said ‘‘each partner can, for just cause, request that the court revoke or restrict the managers’ management rights and representative authority’’. Therefore, the person appointed as a manager from outside can be dismissed by the decision of the general assembly, and a new person can be appointed as a manager.
• Is it possible to transform a real person business into a Limited Company by changing its legal form?
According to the 2nd paragraph of Article 194 of the Turkish Commercial Code, ‘‘in the event, a commercial enterprise converts to a commercial company, Articles 182 to 193 shall apply comparably’’. As it is said, a real person business can become a Limited Company by changing its legal form.
• I am registered to the Chamber as an unlimited company. When my tax record is deleted, will my Chamber registry be deleted as well?
Since any changes regarding your Chamber registry are subject to registration, registration does not end. In order to have your registry deleted, you must apply to the Trade Registry Office and register that you have left the trade. (Article 33 of the Turkish Commercial Code, Article 38 of the Trade Registry Regulation, Article 10 of the Union of Chambers and Commodity Exchanges of Turkey and the Law of Chambers and Commodity Exchanges numbered 5174)
• At least how many people can a limited company be established with?
According to Article 573 of the Turkish Commercial Code: “A limited liability company shall be incorporated by one or more real persons or legal entities under a trading name…”. In accordance with its provisions, a limited liability company can be established with one or more partners.
• What should be the minimum capital in a limited company establishment?
The minimum capital in limited companies should be 10.000 TL.