JOINT STOCK COMPANY IN TURKEY

Joint Stock Company in Turkey: Selim Law Firm offers you a unique experience in managing a joint stock company in Turkey.

Joint stock company in Turkey is the most preferred type of company, but it is one of the most difficult to manage. In this respect, joint stock companies should be managed in an institutional way.This form of management should be professional.

Joint stock company in Turkey generally represents the company that has reached the maturity stage or that is desired to be managed professionally. There are many special provisions specific to joint stock companies in Turkish law.

A joint stock company has many advantages such as ease of transfer of shares and going public, issuing bonds against debt, issuing stocks in return for capital shares. These advantages are not available in the limited company, which is its closest competitor.

Joint stock company is one of the most advantageous companies in establishing a company in Turkey. However, as we have just mentioned, establishing and managing this company requires professional knowledge.

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joint stock company in turkey
Joint Stock Company in Turkey – Law firm in Istanbul Turkey

What is a joint stock company in Turkey?

According to the definition made in Article 329 of the Turkish Commercial Code No. 6102, a joint stock company is a company whose capital is definite and divided into shares and which is liable only for its assets due to its debts.

A joint stock company is a capital company. What makes this company special is that its capital is divided into shares. A company whose capital can be divided into shares can easily issue capital and find partners. It may even open to the public. In this respect, it is the most advantageous type of company in terms of investment.

A joint stock company is usually established with the aim of achieving big goals. For this reason, a joint stock company is the most advantageous company to grow and develop rapidly.

Can foreigners register a joint stock company in Turkey?

There is no difference between foreigners and Turkish citizens when it comes to establishing a company in Turkey.

Foreigners can also easily establish a joint stock company, just like Turkish citizens. The only difference between foreigners and Turkish citizens is the documents required during the establishment of the company.

You can read our Immigration Law Guide to get information on issues such as obtaining citizenship by establishing a company, obtaining residence and work permits for foreigners.

How is the partnership, capital and management structure of a joint stock company?

A joint stock company in Turkey can be established by a single partner. The common number is unlimited. Partners only have debt to put up capital. The partner who fulfills the capital payment debt is no longer responsible for the debts of the company.

A joint stock company is established with a minimum capital of at least 50.000 Turkish Liras. In non-public joint stock companies, the initial capital cannot be less than 100.000 Turkis Liras. If the capital fee has been committed in cash, 1/4 of this amount must have been paid before registration. The remaining 3/4 part must be paid within 24 months after the establishment of the company.

Capital is not limited to money only. Apart from money, assets that can be evaluated in cash such as real estate, intellectual property rights, trademarks, patents and designs can also be invested as capital. However, there should be no obstacles to the transfer of these assets to the company.

The joint stock company consists of the board of directors and the general assembly. The board of directors manages and represents the company. The board of directors is elected for a maximum of 3 years. The same person can be re-elected, unless there is a contrary provision in the articles of association.

Can a joint stock company operate in every field?

A joint stock company may operate for any legitimate purpose within the borders of the Republic of Turkey. However, some areas require a permit to operate. Joint stock companies wishing to operate in these areas must obtain permission from the relevant ministry.

Work areas subject to permission are as follows;

  • Banks
  • Financial leasing companies
  • Factoring companies
  • Consumer finance and card services companies
  • Asset management companies
  • Insurance companies
  • Holdings established as joint stock companies
  • Companies that operate exchange offices
  • Companies dealing with public merchandising
  • Agricultural products licensed warehousing companies
  • Product specialized exchange companies
  • Independent audit companies
  • Surveillance companies
  • Technology development zone management companies
  • Companies subject to the Capital Markets Law (The permission of the Ministry is not required for capital increases to be made within the registered capital ceiling of public joint stock companies that accept the registered capital system.)
  • Free zone founder and operator companies

How is the trade name title determined in a joint stock company?

It is mandatory for the joint stock company to use a trade name. However, there are some rules in the use of name. These rules should be taken into account when choosing a trade name.

The trade name rules are as follows;

  • The trade name can not cause a wrong opinion of third parties about the identity of the merchant, the importance of the business and its financial situation.
  • Phrases in the trade name; It cannot be contrary to public order, national interests and morals, and can not damage cultural and historical values.
  • The words “Turk”, “Turkey”, “Republic” and “National” can not be used in the trade name. The use of these words requires permission from the President.
  • At least one of the business subject should be included in the trade name.
  • In order for country names to be used in the title, permission must be obtained from the competent authorities of that country.
  • The titles or abbreviations of public institutions cannot be used in the trade name.
  • A business title deleted from the Trade Registry Gazette cannot be reused unless 5 years have passed.
  • Its trade name as “A.Ş.” can be abbreviated.

What is the tax status of the joint stock company?

Tax legislation is one of the most difficult issues in establishing a company in Turkey. Tax law is a very complex and difficult field. Joint Stock Companies are corporate tax payers.

All statements must be submitted electronically. Corporate Tax rate is 20% for joint stock companies.

Other features of joint stock companies regarding taxation are as follows;

  • Concise declaration gives monthly, but if the number of employees is less than 10 people, it can optionally be submitted quarterly.
  • Submits Value Added Tax declaration every month.
  • Submits a temporary corporate tax return quarterly.
  • Submits stamp tax return every month.
  • A joint stock company can distribute dividends. Profit recipients make 15% income tax withholding on the distributed profit share.
  • Joint stock companies pay fixed stamp duty in their declarations.

What is the various equivalents of joint stock company in the world?

The joint stock company has many equivalents in the world. He wants to give examples from the world for you to understand the subject better.

CountryName
United States of America, CanadaCorporation (Inc., Corp.)
European UnionSocietas Europaea (SE)
Germany, Austria, Switzerland (German-speaking cantons)Aktiengesellschaft (AG)
France, Belgium, Switzerland (French-speaking cantons)Societé Anonyme (SA)
United KingdomPublic Limited Company (plc)
ItalySocietà per Azioni (SpA)
Spain, Mexico, ArgentinaSociedad Anónima (S.A.)
Various equivalents of joint stock company in the world

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