According to the Law on Foreigners and International Protection No. 6458, a residence permit document shall stand for the permit issued for the purpose of staying in Turkey. This document granted by competent authorities entitles the right to reside in a specific location in Turkey for a given period of time. Residence permit which is of great importance in terms of the provision and protection of public order shall be issued following the request and application by the foreigner together with the required documents providing s/he fulfills the related conditions.

Foreigners who would stay in Turkey beyond the duration of a visa or visa exemption or longer than ninety days should obtain a residence permit. As it is envisaged by the law, it will soon be possible to lodged with the consulates in the foreigner’s country of citizenship or legal stay, and this will also be announced. Till the adoption of this procedure, applications for residence permits shall be lodged with the governorates.

Pursuant to the law in question, accompanying is no longer valid and, in addition to this, residence permit documents following their applications shall be issued separately for each foreigner. Those applications may be made in person as well as by his/her legal representative or lawyer. However, if the administration deems it necessary, it may also require foreigners to be present at the time of application.

By the Law No. 6735, the provision stating that applications may also be made through Authorized Intermediary has been included in the scope of Article 21 of the Law No. 6458. Authorized Intermediary refers to the institutions or organizations authorized by the Directorate General and their qualifications and task frameworks shall be set forth by regulation.

e-Residence System

Six types of residence permits shall be issued by Article 30 of the Law on Foreigners and International Protection No. 6458, and first, extension or transfer applications shall be made online via e-Residence system (https://e-ikamet.goc.gov.tr/).

First and Transfer Applications

For the first and transfer applications, foreigners are required to make a residence permit application via e-Residence system and be present at Provincial Directorate of Migration Management on the appointment date together with the required documents ( https://e-ikamet.goc.gov.tr/Ikamet/IstenenBelgeler ).

Furthermore, original passport for the first or transfer applications and notarized passport photocopy for the extension applications shall be submitted.

Source: Directorate General of Migration Management (link: https://en.goc.gov.tr/general-information41)
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

Is it possible to transfer the shares of an incorporated company to shareholders or non-shareholders when necessary? What are the transactions to be carried out?

It is possible to transfer the shares of an equity company to the shareholders or third parties. For transactions that are subject to permission in accordance with the special provisions and law, the transfer may take place by getting the permissions.

However, share transfers in the trade registry are not subject to registration and therefore, they are not registered. The decisions taken through declaration for transactions that are subject to registration such as changing into a single share, changing the single share or changing into multiple shares from a single share are registered.

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

An incorporated company has two partners which are legal persons. One of them is a resident of another country. He transferred his shares through an agreement. The transfer agreement has not been notarized as it was made in the presence of a notary public. Board decision regarding the transfer has been notarized. As I know, in accordance with the new Turkish Commercial Code, share transfer in incorporated companies is not subject to registration. Do we have to make a declaration to the tax authority?

Share transfers after establishment are not subject to registration for incorporated companies. However, reducing to a single shareholder, changing a single shareholder and transition from a single shareholder to multiple shareholders are registered and announced. The transfer must be declared to the revenue administration. It would at least be beneficial in terms of information.

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

(21.12.2018 14:46)

There isn’t any special regulations in Turkish taxation system.

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

1- In all the general meetings whose incorporation and the amendment of articles of incorporation are subject to ministerial permission,
2- In other companies, if the agenda is
        2.1- Capital increase or decrease,
        2.2- Switching to the registered capital system and vice versa,
        2.3- The increase in the upper limit of registered capital,
        2.4- The amendment in the articles of incorporation related to the alteration in the subject of activity,
        2.5- Merging,
        2.6- Separation,
        2.7- General meetings about the change in kind of Corporation,
        2.8- The general meetings of some companies which allow the authority to attend the meeting electronically,
        2.9- All the general meetings done abroad,
        2.10- Privileged shareholders’ special general meetings done abroad.

It is not compulsory for a ministry representative to be present at the general meetings except from the ones listed between 2.1 and 2.6 and at the privileged shareholders’ special general meetings,

Can a Ministry Representative be called in the general meetings even if it is not compulsory?
A ministry representative can be assigned if people who convene the participating committee members request and this demand are considered appropriate by the tasking authority.

For the meetings in which a ministry representative is required, the applications made directly to the participating committee for the assignment of a Ministry representative by persons other than the conveners will not be taken into consideration.

This request should be made to the company in order to present it for consideration of tasking authority on condition that the shareholders constituting 1/10 of the capital give justification. The conveners should send this request to the tasking authority.

In the meetings where a ministry representative is required, the decisions made in the absence of ministry representative are not valid.

The person, who is assigned as a ministry representative in general meeting, should be presented to the related registry of commerce.

Source: The regulations about the Ministry of Customs and Trade Representative attending to the general meetings and the procedures and principles of these meetings of Stock Companies.

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.