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Inegol Chamber of Commerce and Industry

REGISTRATION COMPULSION Print

According to article 9 of the law numbered 5174, trader recorded in Trade Registry and all real and artificial people having industrialist position according to this law, their branches and factories are compulsory to be registered in chambers or agencies of which they will be member in accordance with this law.
 
Economic Institutions and their branches whose all capital belongs to the State and Special Administration or municipalities or their partnership were established with private law or agreement and institutions or their branches and factories having artificial personality participating in the State and Special Administration or Municipality are compulsory to be registered in the chambers of their city.
 
The places having independent capital and independent accounting even though they are bound to a center or the places performing a commercial act on their own even though their accounting is kept in the center and they don’t have independent capital are considered as branches. Industrialists obeying to the tariff of this law in the places where Chambers of Industry were established fulfill their registration liability in Chambers of Commerce when registered in the Chambers of Industry. However, industrialists are compulsory to be registered in the Chambers of Commerce or Chambers of Commerce and Industry for selling their Industrial products upon opening more than one place of sale. Industrialists have to be registered in Chamber of Commerce if he is busy with commercial business other than his own Industrial products. Commercial business that industrial business owners are busy with as a matter of their works does not remove their industrialist position. Such an industrialist is independent to be in Chamber of Commerce.
 
Real and artificial persons who are recorded in Trade Registry and who are busy with maritime trade are written below and they have to be registered in the Chamber of Shipping.
Ship owners, freighters and equipment participation, ship administrators,
 
a. Ship agencies
b. Freight arbitrager of maritime trade, forwarders,
c. Stivedor and point firms,
d. Ship class institutions, assurance institutions and agencies of shipping and appraisal institutions of shipping and surveyors
e. Equipment of Shipping, chandleries and firms purchasing and selling Industrial goods and firms busy with bunkering. (***)
f. Firms administering marine and harbor, (***)
g. Firms administering ship related to fishing, (***)
h. CANCEL (*****)


(**)Economic Institutions and their branches who is busy with maritime trade and whose all capital belongs to the State, Economic Government Companies and Special Administration or municipalities or their partnership were established with private law or agreement and institutions or their branches and factories having artificial personality are compulsory to be registered in the Chambers of Shipping of their city.

NOTE:
1. Articles and clauses changed with the law numbered 6233 (*)
2. Articles and clauses changed with the law numbered 2567 (**)
3. Articles and clauses changed with the law numbered 3277 (***)
4. Articles and clauses changed with the law numbered 3452 (****)

CANCEL: This article is changed with Decree Law numbered 557 dated 27/06/1995 Official Gazette, but cancellation of decision numbered 1995/43 E, 1995/46 K and dated 20/09/1995 of Constitutional Court of Decree Law numbered 557.
 
After registration and announcement in Trade Registry, real and artificial persons must be registered in the Chamber in accordance with regulations and provisions related to Turkish Commercial Code numbered 6762 and Law of the Union of Chambers and Commodity Exchanges in the Chamber numbered 5174.
 
NOTE: Because there is no compulsion for Pharmacies and Financial Consultancy Companies to be registered in the Chamber, registration is done if demanded.
 
Trader, Real Person Trader, Trader-Artisan Discrimination, Artificial Person Trader
 
Real Person Trader: The one who administers a commercial business on his behalf even partially is considered as a trader according to the article 14 of Turkish Commercial Code.

In accordance with this definition, real persons should have a commercial business, should administer it on his behalf even partially in order to obtain a trader quality.

Trader-Artisan Discrimination: In terms of practicing article 2 and different article 6 of the Law of Artisans and Small Traders numbered 507 and articles 12 and 17 of Turkey Commercial Code numbered 6762, principles related to the Artisans and Small Traders and Trader-Industrialist discrimination are published in Official Gazette by Council of Ministry based on the decision numbered 5 and dated 14/01/1985 of Coordination Council for determining Artisans and Small Traders, and Trader and Industrialist.

According to this decision, the ones with the inclusion of artisans and small traders organs to be published and be determined by Coordination Board and the ones exempted from income tax, the ones whose incomes are fixalized in lump procedure, the ones keeping records according to the business account, the ones whose economical activities are based on somatic studies rather than cash capital and the ones whose benefits are only enough to shift for their own living and the ones not exceeding the half of cash limit placing in sub clauses numbered 1 and 3 of Clause 1 of article 177 of Tax Procedure Law and all of cash limit written in sub clause 2 are considered as Artisans and Small Traders; the ones called first class traders based on Tax Procedure Law, the ones keeping records on the basis of balance sheet and according to business account and the ones out of stated issues in sub clause 1 are considered as Trader and Industrialist. In other words, the ones called first class traders based on Tax Procedure Law who are taxed in accordance with on real procedure, the ones keeping records according to the business account and the basis of enterprise, the ones exceeding the half of cash limit placing in sub clauses numbered 1 and 3 of Clause 1 of article 177 of Tax Procedure Law and all of cash limit written in sub clause 2 are considered as MERCHANTS.

 

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