Ongur Partners

ENFORCEMENT OF INTERNATIONAL COMMERCIAL ARBITRATION AWARDS IN TURKEY

Ongur Partners Law Firm — Tue, 04 Mar 2025 06:59:15 +0000

Introduction

International commercial arbitration has become a preferred dispute resolution mechanism for cross-border business transactions due to its neutrality, efficiency, and enforceability. Turkey, as a key player in global trade, has established a robust legal framework for the enforcement of international commercial arbitration awards. The enforcement process is governed primarily by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (“New York Convention”) and the Turkish International Arbitration Law No. 4686 (“TIAL”). This essay explores the enforcement of international commercial arbitration awards in Turkey, the legal framework, procedural requirements, and potential challenges faced in the process.

Although there are different practices regarding the enforcement of disputes where the seat of arbitration is determined as Turkey under the Code of Civil Procedure and the International Arbitration Law, such awards do not require separate recognition and enforcement before Turkish courts. However, if the seat of arbitration is outside Turkey and the award is to be enforced in Turkey, the arbitral award must be recognized and enforced before Turkish courts.

What is Recognition and Enforcement?

Recognition and enforcement is a legal mechanism generally applied when a court decision issued in one country is to be enforced or used in another country. It can be sought not only for court judgments but also for arbitral awards rendered in a country other than the enforcement country. A recognized or enforced foreign court decision or arbitral award is executed as if it were rendered by Turkish courts.

Recognition applies to decisions that do not contain an obligation to perform but only establish a determination. In contrast, if a decision orders the transfer of something from one party to another, enforcement is required. An enforcement decision inherently includes the element of recognition. Since arbitral awards typically contain orders for performance, enforcement is generally more relevant; however, it is also possible to seek only recognition. Given that recognition and enforcement share procedural similarities, they are usually sought together.

Legal Framework for Enforcement

The New York Convention

Turkey became a party to the New York Convention in 1991, with two key reservations: reciprocity and commercial disputes. The reciprocity reservation means that Turkey enforces awards only from other contracting states of the Convention. The commercial reservation limits enforcement to disputes considered commercial under Turkish law.

The New York Convention provides a uniform and straightforward mechanism for enforcing foreign arbitral awards. Under Article V of the Convention, recognition and enforcement of an award may only be refused on limited grounds, such as procedural irregularities, violation of due process, lack of valid arbitration agreement, or public policy concerns.

Turkish International Arbitration Law (TIAL)

TIAL, enacted in 2001, aligns with the United Nations Commission on International Trade Law (UNCITRAL) Model Law. It applies to arbitrations where a foreign element exists and parties have agreed to arbitration in Turkey. The law complements the New York Convention by providing domestic rules for enforcement.

Additionally, the Turkish Code of Civil Procedure No. 6100 (“TCCP”) applies in cases where arbitration agreements do not fall under TIAL’s scope. Together, these legal instruments create a comprehensive regime for the enforcement of international commercial arbitration awards.

Procedural Aspects of Enforcement

The enforcement of foreign arbitral awards in Turkey requires judicial approval, and parties must file an enforcement lawsuit (“exequatur”) before Turkish courts. The procedural steps are as follows:

Application to the Competent Court: The enforcement petition is submitted to the competent commercial court of first instance.

Required Documentation:

The original or certified copy of the arbitral award
The original or certified copy of the arbitration agreement
A certified Turkish translation of both documents

Judicial Review: The court reviews the award in light of the New York Convention and TIAL. Enforcement may be refused if:

The arbitration agreement is invalid
The award was issued beyond the arbitrator’s jurisdiction
The party against whom enforcement is sought was not properly notified
The award contradicts Turkish public policy

If the court grants enforcement, the arbitral award is treated as a Turkish court judgment and can be executed accordingly.

Recent Developments and Trends

Turkey continues to modernize its arbitration framework to promote investor confidence. Reforms in the judicial system aim to expedite enforcement proceedings. Additionally, Turkish courts increasingly adopt arbitration-friendly interpretations, reflecting a pro-enforcement stance aligned with international standards.

Arbitration Centers in Turkey

Turkey hosts several arbitration centers that facilitate the resolution of international disputes:

Istanbul Arbitration Centre (ISTAC): Established in 2015, ISTAC is Turkey’s leading arbitration institution, offering services for both domestic and international disputes. It has its own set of arbitration rules and provides fast-track arbitration options.
Union of Chambers and Commodity Exchanges of Turkey (TOBB) Arbitration Council: Focuses on resolving commercial disputes and supports arbitration among Turkish businesses and international parties.
Istanbul Chamber of Commerce (ITO) Arbitration Center: Provides arbitration services tailored to commercial disputes within the business community.

Conclusion

The enforcement of international commercial arbitration awards in Turkey is well-regulated under the New York Convention and TIAL. While procedural challenges and public policy objections remain concerns, Turkish courts have demonstrated a growing commitment to upholding international arbitration principles. As Turkey strengthens its legal framework and judicial efficiency, it is likely to further enhance its position as a favorable jurisdiction for arbitration enforcement in international commerce.

Companies based in Ankara and Istanbul are generally more familiar when it comes to initiating arbitration proceedings. In this regard, if the opposing party is domiciled in Ankara, enforcement proceedings will be initiated before the Ankara courts, making it more advisable to work with Ankara law offices.

International commercial arbitration proceedings can be conducted in different languages, with English and Italian being among the commonly preferred ones. To ensure the protection of your rights, it would be beneficial to work with lawyers who are proficient in English or Italian and have experience in arbitration. Ankara Law office employ competent lawyers who can assist you in these matters.

EXCLUSIVE DISTRIBUTORSHIP AGREEMENTS IN TURKISH LAW

Ongur Partners Law Firm — Fri, 21 Feb 2025 13:07:06 +0000

EXCLUSIVE DISTRIBUTORSHIP AGREEMENTS IN TURKISH LAW

exclusive distributorship

Although referred to by different names such as exclusive distributorship, sole distribution, or dealership, these terms fundamentally describe the same legal relationship. Particularly in the realm of international trade, exclusive distributorship agreements constitute a highly significant contractual arrangement. These agreements often arise from the necessity of technical or intellectual property considerations, where the manufacturer, unable or unwilling to produce the product in the target country, contracts with a single distributor, committing to sell the products solely to that distributor while allowing sales in a limited geographical area under the distributor’s own name and account.

Elements of a Exclusive Distributorship Agreement

The Turkish Code of Obligations explicitly defines certain contracts, referring to them as “nominate contracts.” However, there are also contracts that lack a statutory definition and have emerged through commercial practice, known as “innominate contracts.” Some of these contracts incorporate elements of various nominate contracts, while others develop uniquely based on the parties’ intentions, making them sui generis in nature.

Although exclusive distributorship agreements are not explicitly regulated under Turkish law, their fundamental elements can be identified through Turkish jurisprudence. In its decision dated May 26, 1992 (Case No. 1990/8223, Decision No. 1992/7964), the 11th Civil Chamber of the Turkish Court of Cassation defined distributorship agreements as follows:

“The concept of sole distribution must first be examined in resolving the dispute between the parties. As recognized in legal doctrine, a sole distributorship agreement is a framework contract regulating the legal relationship between the manufacturer and the sole distributor. Under this contract, the manufacturer undertakes to supply all or part of its products exclusively to the distributor within a designated territory in exchange for payment.

Conversely, the distributor is obliged to sell the products in its own name and on its own account, engaging in promotional and marketing activities to increase sales. As evident from this definition, the obligations and commitments under a sole distributorship agreement are reciprocal between the manufacturer and the distributor, and as a rule, do not impose obligations on third parties. Granting exclusivity within a designated territory remains a contractual obligation on the manufacturer’s part.”

In light of the settled jurisprudence of the Court of Cassation, the essential elements of a sole distributorship agreement can be summarized as follows:

A continuous legal relationship is established.
The agreement is structured as a framework contract.
Exclusive sales rights within a designated territory are granted.
The distributor acts in its own name and on its own account.
The distributor undertakes marketing, sales, and promotional activities.

Key Features of a Distributorship Agreement

→ Establishment of a Continuous Legal Relationship

One of the primary distinctions between a distributorship agreement and a simple sales contract is its continuous nature. This continuity does not merely entail the shipment of goods in multiple installments following a single order but rather involves an ongoing business relationship where one party regularly places orders and makes payments over time.

→ Framework Nature of the Agreement

Since exclusive distributorship agreements are not expressly regulated under the Turkish Code of Obligations, they are considered atypical contracts. According to settled case law and commercial customs, even if a written contract is not executed, an exchange of emails or other documentation evidencing the parties’ intentions may suffice to establish a legally binding agreement. Additionally, as product quantities and pricing may fluctuate over time, exclusive distributorship agreements typically outline general principles, while individual transactions are conducted through purchase orders.

→ Granting of Exclusive Sales Rights in a Specific Territory

One of the defining characteristics of a exclusive distributorship agreement is the grant of exclusive sales rights within a specified region. Within the boundaries set by the manufacturer, the distributor exclusively undertakes the sale of the products, developing its own distribution network, branches, or even sub-dealers to facilitate sales across the designated area.

→ Distributor’s Independence in Acting on Its Own Name and Account

The distributor operates independently from the manufacturer, entering into contracts in its own name and for its own account. This independence differentiates exclusive distributorship agreements from agency contracts, where the agent acts on behalf of the principal. The distributor maintains its own financial records, builds its own sales network, and is not subject to direct instructions or orders from the manufacturer, unless otherwise agreed in the contract.

→ Distributor’s Engagement in Marketing, Sales, and Promotional Activities

While the distributor remains independent, it is contractually obligated to promote sales and engage in marketing activities within the exclusive territory. These activities may be undertaken jointly with the manufacturer or separately. In practice, distributors often conduct their own marketing campaigns. However, instances where the distributor carries out promotional activities and subsequently invoices the manufacturer for reimbursement are also observed.

Dispute Resolution in Turkey and the Role of Arbitration

If the parties so agree, disputes arising from the exclusive distributorship agreement may be resolved through arbitration. Given the complexities of arbitration, it is advisable to engage arbitration lawyer in Turkey specialized in international arbitration law, particularly for cross-border disputes, and possess fluency in English for Dispute Resolution in Turkey.

Exclusive distributorship agreements are a widely preferred legal arrangement, especially for foreign investors seeking to enter developing markets such as Turkey. Establishing a business in Turkey can be a lengthy and complex process. To facilitate this process and ensure legal security, working with English-speaking lawyers who specialize in Turkish commercial law is highly recommended.

Ankara Law Office Ongur Partners

It looks like there was an issue retrieving the latest information. However, Ongur & Partners is a well-known law firm in Turkey specializing in dispute resolution, arbitration, and litigation. Ankara law office provide legal services in commercial disputes, international arbitration, and alternative dispute resolution (ADR) methods.

TRADEMARK REGISTRATION IN TURKEY

Ongur Partners Law Firm — Wed, 19 Feb 2025 11:57:33 +0000

TRADEMARK REGISTRATION IN TURKEY

1. Introduction

Trademark registration is a crucial step for businesses and individuals seeking to protect their brand identity and ensure exclusive rights over their distinctive signs. A registered trademark grants legal recognition and protection, preventing unauthorized use by competitors and enhancing the brand’s reputation and market value. It serves as a powerful tool for distinguishing goods or services from those of others, fostering consumer trust and loyalty. Additionally, trademark registration provides a legal basis for enforcement, allowing the owner to take action against infringement and counterfeiting. In a competitive market, securing a registered trademark is essential for safeguarding intellectual property and maintaining a strong brand presence.

2. Definition of Trademark

A trademark may consist of any sign, including words, shapes, colors, letters, numbers, sounds, and the shape of goods or their packaging, including personal names, provided that it enables the goods or services of one undertaking to be distinguished from those of other undertakings and can be represented in the register in a clear and precise manner to ensure that the subject matter of the protection granted to the trademark owner is understood.

3. Registration of a Trademark in Turkey

The Turkish Patent and Trademark Office (TÜRKPATENT) is the competent authority responsible for trademark registration in Turkey. The Industrial Property Code No. 6769, which came into force in 2017, regulates trademarks, patents, designs, and geographical indications. Turkey is also a party to international treaties such as the Paris Convention and the Madrid Protocol, enabling the protection of trademarks on a global scale.

a. Requirements for Trademark Registration

To register a trademark in Turkey, an applicant must ensure that the mark is distinctive, not misleading, and does not infringe upon existing trademarks. Trademarks can consist of words, shapes, colors, letters, numbers, sounds, and even the shape of goods or their packaging. The applicant can be an individual or a legal entity, and both Turkish and foreign applicants are eligible to apply.

b. Application Process

Preliminary Search: Before filing an application, a trademark search is advisable to check for potential conflicts with existing trademarks.
Filing the Application: The applicant submits a trademark application to TÜRKPATENT, including details such as the trademark representation, applicant’s information, and the list of goods or services under the Nice Classification.
Formal Examination: TÜRKPATENT reviews the application to ensure compliance with formal requirements.
Substantive Examination: The trademark is examined for distinctiveness and potential conflicts with prior registrations.
Publication and Opposition: If no absolute grounds for refusal are found, the trademark is published in the Official Trademark Bulletin for opposition by third parties within two months.
Registration and Certification: If no oppositions are filed or successfully overcome, the trademark is registered, and a certificate of registration is issued.

c. Duration and Renewal

A registere trademark in Turkey is valid for ten years from the application date and can be renewed indefinitely for successive ten-year periods upon payment of renewal fees.

4. Benefits of Trademark Registration

Exclusive Rights: The owner has the exclusive right to use the trademark and prevent unauthorized use.

Legal Protection: Registration provides a legal basis for enforcement against infringement and counterfeiting.

Brand Value and Recognition: A registered trademark enhances brand identity and consumer trust.

International Protection: Through treaties like the Madrid Protocol, Turkish trademarks can be protected internationally.

Commercial Advantage: A registered trademark can be licensed, franchised, or sold, generating financial benefits.

5. Conclusion

Trademark registration in Turkey is essential for businesses aiming to secure their brand identity and gain legal protection against misuse. With a structured registration process under the Industrial Property Code No. 6769, trademark owners can safeguard their rights, enhance brand value, and establish a competitive edge in both national and international markets. By securing a registered trademark, businesses can ensure long-term growth and protection in the evolving commercial landscape.

As Ankara Law Office, we have successfully provided services to numerous clients in the processes of company formation and subsequent trademark registration for foreign investors in Turkey. Working with an international law firm that has English-speaking lawyers is of great importance for effectively managing the process.

Trademark Registration in Turkey: Frequently Asked Questions

How long does it take to register a trademark in Turkey?

A standard trademark application typically takes 6-8 months to proceed from filing to registration, provided there are no objections. The timeline includes:

Examination stage: 2 months
Publication stage: 2 months
Decision phase: 2 months (if no opposition is filed)
Registration & certification: 1-2 months

If an opposition or an ex-officio rejection occurs, the process may take an additional 6-8 months, plus additional time for appeals.

What documents and information are required to obtain a filing date?

To secure a filing date, the following must be submitted:

Applicant’s identity details (name/title and address)
Sample of the trademark (minimum 512×512 pixels, 300 DPI resolution)
List of goods and services
Payment of the official filing fee

If any of these requirements are incomplete, the applicant will receive a deficiency letter and must provide the missing information within two months. The filing date will be adjusted to when all necessary details, including payment, are completed.

Can trademark applications cover multiple classes (multi-class applications)?

Yes, applicants can file trademarks covering multiple classes. There is no limit to the number of classes claimed (up to 45), but an official fee must be paid for each class.

How are official trademark application fees calculated?

Fees are based on the number of classes included in the application. The first and second classes have the same fee, while the third and additional classes have slightly higher fees. The type of trademark (color, device, word, 3D, etc.) or the legal nature of the applicant does not impact the filing fee.

Is there an advantage to filing a national trademark application instead of an international one?

While national and international trademark registrations offer the same level of protection, Madrid Protocol designations have some disadvantages:

The Madrid registration process can take up to 18 months, whereas a local Turkish trademark application may be completed in 4-6 months (if unopposed).
TURKPATENT does not notify applicants of oppositions in Madrid applications, limiting the ability to respond.
Applicants cannot file a non-use defense against opposing trademarks if they are over five years old.

Is translation/transliteration of a trademark into Turkish required?

Turkey uses the Latin alphabet. Trademarks in Latin script are registered as they appear in their original language. However, trademarks in non-Latin scripts (e.g., Cyrillic, Chinese, or Japanese) must be transliterated into Latin characters for registration.

What is the definition of a trademark under Turkish law?

According to the Turkish Industrial Property Code, trademarks include words, personal names, figures, colors, letters, numbers, sounds, and the shape or packaging of goods, provided they distinguish one entity’s goods or services from another’s and can be represented clearly in the registry.

Can non-traditional trademarks (3D, sound, odor, motion) be registered?

Yes, but the registration process is challenging. Such trademarks are often initially refused, requiring the applicant to file an appeal and prove acquired distinctiveness in the Turkish market.

Can color marks be registered? Although possible, obtaining registration for a single-color trademark is extremely difficult. The applicant must demonstrate that the color has acquired distinctiveness in the market. Protection is only granted for a color alone, not when combined with words or figurative elements.

Is it necessary to describe a trademark when filing?

No, a trademark description is not required.

What are the pros and cons of registering a trademark in color vs. black & white?

Black & white trademarks offer more flexibility in use. Turkey follows EUIPO practice, which allows a color change without altering the distinctive character, provided:

The word/figurative elements remain unchanged.
The contrast and overall distinctiveness are preserved.
The color itself is not inherently distinctive.

How long is the publication period for trademark applications?

Applications are published for two months in the Turkish Trademark Bulletin for opposition.

Is appointing a Turkish trademark agent mandatory?

Residents of Turkey (individuals or entities) can handle trademark matters directly.
Non-residents must appoint a Turkish trademark agent for all proceedings.

How is priority handled under Turkish law?

Priority can be claimed based on an earlier application in a Paris Convention or WTO member state within six months of the first filing. The priority claim must be filed with the Turkish application, and the priority certificate (translated and notarized) must be submitted within three months.

Which classification system does Turkey use?

Turkey follows the Nice Classification system for goods and services.

How do applicants specify goods and services in a trademark application?

Applicants can either:

Use TURKPATENT’s standard class headings.
Provide a specific list of goods and services. If the list is vague, TURKPATENT may request clarification, delaying registration.

Are there special requirements for retail services (Class 35)?

Yes, broad terms like “a variety of goods” are not allowed. Applicants must specify the exact goods covered by the retail service.

Can errors in trademark applications be corrected?

Minor spelling or typographical errors can be corrected upon request, but fundamental changes (e.g., altering the trademark itself or the list of goods/services) are not allowed.

Does TURKPATENT conduct an ex-officio examination of trademark applications?

Yes, TURKPATENT examines applications on absolute grounds, including checking for identical or highly similar earlier trademarks. If a similarity is debatable, the application proceeds to publication, where third parties can oppose it.

What signs cannot be registered due to absolute grounds for refusal?

Prohibited signs include:

Generic or non-distinctive terms
Descriptive marks
Identical or confusingly similar trademarks
Functional shapes
Misleading or deceptive signs
Religious, political, or offensive symbols
Registered geographical indications

Can refusals based on absolute grounds be overcome?

Yes, if the applicant proves that the mark has acquired distinctiveness in Turkey. Additionally, refusals based on earlier trademarks can be overcome with a notarized Letter of Consent from the prior trademark owner.

Can applicants appeal a refusal?

Yes, applicants can appeal a refusal within two months of notification. Appeals must include all arguments and evidence, as no further submissions are allowed after filing.

What is required for trademark registration once all stages are completed?

The registration fee must be paid within two months of the decision. The electronic registration certificate is issued approximately two months after payment.

What is the duration of trademark protection in Turkey?

A registered trademark is valid for 10 years from the application date and can be renewed indefinitely in 10-year increments.

Is proof of use required to maintain a registered trademark?

No, there is no mandatory use declaration. However, non-use for five consecutive years may be grounds for cancellation in opposition or invalidation proceedings.

Leading Law Firm in Ankara with International Expertise

Ongur & Partners is a prestigious ankara law firm based in Ankara, Turkey, known for its excellence in providing legal services to both domestic and international clients. With a strong reputation built on expertise, professionalism, and client-focused solutions, the firm has established itself as a trusted partner for businesses, investors, and individuals seeking high-quality legal representation in Turkey.

Comprehensive Legal Services

Ongur & Partners offers a broad range of legal services across various practice areas, including:

Corporate & Commercial Law – Advising companies on business formation, mergers & acquisitions, contracts, and regulatory compliance.
International Arbitration & Litigation – Representing clients in complex disputes before Turkish and international courts and arbitration tribunals.
Energy & Infrastructure Law – Providing legal guidance on energy projects, public-private partnerships (PPP), and infrastructure investments.
Intellectual Property & Trademark Law – Assisting businesses in trademark registration, intellectual property protection, and patent law.
Real Estate & Construction Law – Handling legal matters related to real estate transactions, construction agreements, and property disputes.
Immigration & Citizenship Law – Assisting foreign nationals with Turkish citizenship applications, residence permits, and work permits.
Banking & Finance Law – Advising financial institutions and investors on banking regulations, financial transactions, and compliance matters.

International Reach & Multilingual Legal Support

Ongur & Partners is widely recognized for its international expertise, working with clients from Europe, the Middle East, Asia, and the U.S. The firm’s team of experienced attorneys is proficient in multiple languages, including English, French, German, and Turkish, ensuring seamless communication and efficient legal representation for foreign clients.

Commitment to Excellence

With a client-centered approach, Ongur & Partners is committed to delivering tailored legal solutions that meet the highest professional standards. The firm’s deep knowledge of Turkish law, combined with its global perspective, enables it to provide strategic and result-oriented legal advice.

Whether you are a multinational corporation, a startup, or an individual seeking legal assistance in Turkey, Ongur & Partners Law Office in Ankara stands ready to assist you with expert legal guidance and dedicated representation.

HOW TO BUY A REAL ESTATE IN TURKEY?

Ongur Partners Law Firm — Mon, 20 Jan 2025 10:08:49 +0000

real estate in Turkey

Foreigners may buy a real estate in Turkey for purposes such as investment, obtaining a residence permit, or securing citizenship. To this end, foreign individuals are required to complete the relevant land registry transactions in compliance with applicable legal provisions. However, it is generally impractical for foreign buyers to fully comprehend the statutory limitations and independently carry out the necessary procedures without the guidance of a qualified professional.

This article provides a comprehensive overview of the key restrictions governing real estate acquisitions by foreigners in Turkey and the associated procedural requirements.

How to Buy a Real Estate in Turkey?

Purchasing a real estate in Turkey is a straightforward process when handled correctly. With proper guidance and preparation, foreign nationals can securely invest in the country’s dynamic property market.

Foreigners may buy a real estate in Turkey under certain conditions. These include compliance with statutory limitations, alignment with international relations and national interests, and ensuring that the total area of the acquired property does not exceed 10% of the district’s total surface area.

Additionally, the total area acquired by an individual must not exceed 30 hectares nationwide, and the property must not be located within a designated military security zone. Provided these criteria are met, foreign nationals from countries specified by the President are eligible to acquire various types of real estate in Turkey, including residential properties, commercial premises, plots of land, and agricultural fields.

Title Deed Procedures and Other Requirements for Foreigners to Buy a Real Estate in Turkey

Once the decision to purchase a property has been made, all relevant title deed procedures must be carried out at the Land Registry Office in the location where the property is situated. Before scheduling an appointment at the Land Registry Office for the transaction, the following documents must be collected:

Notarized identity and passport translations of the foreign buyer,
Identity/address declaration form for the foreign buyer,
Property valuation report,
Official document of the property’s market value obtained from the municipality,
Compulsory earthquake insurance policy,
Potential tax number issued for the foreign buyer,
Foreign currency purchase certificate,
Passport-sized photographs of the buyer and seller (taken within the last six months),
Original power of attorney, if the transaction is to be conducted by proxy.

After gathering these documents, an appointment must be scheduled at the Land Registry Office where the property is located. This can be arranged by the buyer, the seller, or their legal representatives. Once the appointment is made, the Land Registry Office notifies the parties via SMS about the date and time of the transaction, the required title deed fees, and the revolving fund fee.

Currently, each party involved in the transaction is legally required to pay a title deed fee amounting to 2% of the property’s declared value. However, it is customary in Turkey for the buyer to bear the entire title deed fee. Additionally, the buyer is responsible for covering the revolving fund fee, which varies depending on the location of the property.

After completing all the procedures and payments, the parties must appear at the Land Registry Office on the designated date and time to sign the official sales contract. Following the execution of the contract, the transfer of the property is completed, and the title deed is immediately handed over to the buyer.

Key Considerations for Foreigners to Buy a Real Estate in Turkey

Foreigners intending to buy a real estate in Turkey should be aware of certain practical details from the application process and specific provisions outlined in relevant laws. Key considerations include:

Formalization of Sales Contracts: Real estate sales contracts must be executed in an official capacity and carried out at Land Registry Offices or through notaries. Ownership rights are transferred to the foreign buyer only upon registration at the Land Registry Office.
Verification of Encumbrances: It is crucial to check whether the property to be purchased, such as a house or land, is subject to restrictive encumbrances like liens or mortgages that could hinder its sale. This information can be obtained from the Land Registry and Cadastre Directorate or notaries.
Zoning and Land Use Status: The zoning status of the property must be verified with the Land Registry and Cadastre Directorate or notaries to avoid future issues regarding its official classification or intended use.
Verification of Location: Ensuring that the property is situated at the promised location is advisable. This can be verified online using the province, district, neighborhood/village, map sheet, and parcel details through the application provided by the General Directorate of Land Registry and Cadastre.
Valid Power of Attorney: When sales are conducted by representatives, it is essential to confirm that the individuals involved have valid powers of attorney. Cases of fraud involving counterfeit powers of attorney often lead to significant losses for foreign buyers.
Compliance with Legal Restrictions: The property must comply with statutory limitations. Non-compliance with legal requirements may result in the disposal of the property.

By addressing these points diligently, foreign buyers can avoid common pitfalls and ensure a smoother real estate acquisition process in Turkey.

An expert attorney specializing in this field can also carry out the entire process on behalf of the foreign buyer through a power of attorney. At Ongur & Partners, we have been providing safe and efficient assistance to our clients for years through our team of experienced, English-speaking attorneys.

A Comprehensive Guide for Foreign Nationals Buying Property in Turkey

Purchasing property abroad, especially in Turkey, can be a rewarding experience. However, the process may seem complex due to unfamiliar laws, potential risks, and language barriers. To ensure a smooth and secure transaction, we’ve prepared a step-by-step guide to help foreign nationals navigate the Turkish property market with confidence.

Why Buying Property Abroad Feels Challenging

Several factors make buying property overseas feel risky:

Fear of fraud: Concerns about losing money and time.
Legal differences: Varying laws and regulations in different countries.
Legislative gaps: Perceived weaknesses in rules for foreign property buyers.
Language barriers: Difficulty understanding legal jargon.
Limited control: Feeling disconnected due to being outside the target country.

At Property Turkey, we recognize these challenges. With over two decades of experience, we’ve designed practical guidelines to minimize risks and simplify your property investment journey. Follow this 11-step process to turn your dream of owning a home in Turkey into a reality.

Step 1: Research the Market

The Turkish real estate market offers a wide range of properties, from coastal villas to city apartments, at various price points. Begin by identifying the regions that align with your lifestyle, budget, and preferences.

Foreign nationals can purchase up to 30 hectares of land.

Use trusted resources and rely on seasoned real estate professionals to gather accurate market insights.

Step 2: Choose the Right Real Estate Agent

Your agent plays a crucial role in ensuring a seamless buying experience. Look for real estate in turkey:

Established credibility through testimonials and reviews.
Agents who understand your lifestyle needs.
Professionals with in-depth knowledge of Turkey’s diverse regions and culture.

Avoid agents who push memorized sales pitches or prioritize their agenda over your requirements.

Step 3: Build Rapport with Your Agent

Open communication with your agent is essential for a successful property search. Share your preferences and expectations clearly, and allow them to guide you. A trustworthy agent will prioritize your satisfaction, ensuring the property aligns with your vision.

At Property Turkey, we focus on building lasting relationships with clients, helping you find the perfect home tailored to your needs.

Step 4: Visit Turkey

Familiarize yourself with the country, its regions, and the lifestyle before making any commitments. Explore neighborhoods, try local cuisine, and immerse yourself in the culture to determine if it feels like home.

Step 5: Join a Property Inspection Trip

A well-organized property inspection trip offers:

Opportunities to view a variety of properties.
A chance to understand the local lifestyle.
Insights into real estate options across Turkey.

Avoid trips organized by single developers, as they often limit you to their properties and employ high-pressure sales tactics.

Step 6: Visit Properties for Sale

During your trip, ensure you view multiple property types within your budget. By comparing options, you can make an informed decision about what suits your needs best.

Step 7: Negotiate Price and Terms

Negotiation is key to securing the best deal.

Leverage your agent’s expertise to negotiate favorable terms.
Budget for additional costs like taxes and legal fees, which are lower in Turkey compared to other European destinations.

Step 8: Reserve Your Property

Once you’ve chosen your property, a reservation deposit is required to secure it. This non-refundable deposit is deducted from the purchase price.

To proceed with the purchase, you’ll also need:

A Turkish tax identification number.
A local bank account in Turkish Lira.

Step 9: Appoint a Solicitor

Granting power of attorney to a qualified solicitor simplifies the buying process. Your solicitor will handle all legal formalities, ensuring a smooth transaction while you focus on other priorities.

Step 10: Conduct Final Checks

Before completing the purchase, your solicitor will:

Verify the property title.
Conduct necessary checks with the municipality.

Since 2019, military clearance is no longer required, further streamlining the process.

Step 11: Finalize Ownership (TAPU)

The final step involves registering your property at the land registry office to receive your TAPU (title deed). Additional steps include:

Obtaining a property valuation report.
Securing earthquake insurance.

Congratulations! You are now the proud owner of a property in Turkey.

Step 12: After Purchasing Property in Turkey

After you’ve acquired your property in Turkey, there are a few post-purchase essentials to handle. As part of our after-sales service, we assist with:

Setting up utilities (electricity, water, and gas) in your name.
Purchasing furniture, appliances, or décor if needed.
Arranging bill payments, including annual property tax.

If you won’t be staying in Turkey full-time, consider hiring a property management company or appointing a trusted keyholder to look after your property. Regular inspections and maintenance ensure your home remains in excellent condition, even when you’re abroad

Can I Buy Property in Turkey and Obtain Citizenship?

Yes, purchasing property in Turkey can lead to citizenship through the Turkish Citizenship by Investment Program. Here’s how it works:

Ensure you have a clean criminal record.
Purchase real estate meeting the program’s minimum investment threshold.
Apply for a residence permit as the first step.
Submit your application for Turkish citizenship and a Turkish passport via government-approved channels in Ankara.

Foreign investors can hold dual citizenship, making this an attractive option. For detailed guidelines, including legal documents and application steps, contact us for expert assistance.

Can Foreigners Buy Real Estate In Turkey

Yes, foreigners can buy real estate in Turkey, and the country has become a popular destination for international property buyers due to its favorable laws, attractive property prices, and growing market. However, there are specific rules and procedures that foreign buyers need to understand before making a purchase.

How Long Can You Stay in Turkey If You Own Property?

Property ownership in Turkey allows you to stay for 90 days within a 180-day period under the standard visa rules. If you wish to stay longer, apply for a residence permit.

Many foreign buyers successfully obtain residency by meeting the minimum property investment requirements.
You’ll also need to demonstrate sufficient income to support yourself while in Turkey.

Always check the residency regulations before purchasing property.

Risks of Buying Property In Turkey

Investing in Turkish real estate can be an exciting opportunity, but like any property market, it comes with potential risks. Understanding these risks and taking steps to minimize them will ensure a smooth and secure transaction.

Buying property in Turkey from UK

Turkey has become a favorite destination for UK buyers seeking vacation homes, investment opportunities, or retirement properties. Its beautiful coastlines, affordable property prices, and straightforward buying process make it an attractive option.

Buying Property in Turkey for Citizenship

Turkey offers an attractive Citizenship by Investment Program (CIP), allowing foreign nationals to gain Turkish citizenship through property investment. For those seeking a second passport and a foothold in a vibrant, strategically located country, this program is a popular choice. Below is everything you need to know about buying property in Turkey for citizenship.

Cost Of Buying Property In Turkey

Buying property in Turkey is generally more affordable than in many other countries, but it’s important to understand the associated costs to plan your budget effectively.

Is buying property in Turkey a good investment

Buying property in Turkey can be a highly rewarding investment, offering several advantages for both long-term returns and immediate benefits. However, like any investment, it comes with its own set of risks and considerations. Here’s a breakdown of why Turkey can be an excellent investment opportunity and what to consider before making the purchase.

Eligibility for Turkish Citizenship by Investment

To qualify for Turkish citizenship through real estate investment, applicants must:

Invest at Least $400,000:
- Purchase one or more properties with a combined value of $400,000 or more.
- The investment must be maintained for at least three years.
Have a Clean Criminal Record:
- Applicants must demonstrate a clean criminal history.
Purchase Property from a Turkish Seller:
- The property must be bought from a Turkish company or citizen (not a foreign-owned entity).

Can I Rent Out My Property in Turkey?

Yes, you can rent out your property for short-term or long-term rental income. Here’s what you need to know:

Short-Term Rentals: Platforms like Airbnb are popular, but you must follow local rules, including obtaining a license and securing permission from your neighbors. Note the 100-day law, which limits short-term rentals to 100 days annually.
Long-Term Rentals: Adhere to regulations and declare your income to pay rental tax.

If you’re interested in earning passive income, we can guide you to rental properties with guaranteed yields.

Can Foreigners Get a Mortgage in Turkey?

Yes, foreign nationals can obtain mortgages from certain Turkish banks. However, consider these key points:

Mortgage rates may vary, so compare options carefully.
Banks typically offer loans for a percentage of the property price, not the full amount.
It may be more cost-effective to explore alternative funding options or make a cash purchase.

We can connect you with reputable lenders and offer advice on financing your dream home in Turkey.

Restriction Codes For Foreigners in Turkey

Ongur Partners Law Firm — Wed, 15 Jan 2025 11:06:48 +0000

Restriction Codes and Annulment Procedure

What is a Restriction Code?
Restriction codes for foreigners are administrative measures designed to control the entry and exit of foreign nationals to and from Türkiye. Through these codes, foreigners may be subjected to entry bans or pre-authorization requirements. Additionally, these codes enable the deportation of foreign nationals on grounds such as public security, public health, or public order.

Restriction codes are categorized according to their intended purposes and are denoted by combinations of letters and numbers. Commonly encountered codes in practice include those starting with the letters G, Ç, N, and V; however, the use of restriction codes is not limited to these examples.

These codes are implemented to protect public order, public security, and public health, ensuring that the entry and exit of foreign nationals are regulated accordingly. Through restriction codes, foreign nationals’ entry to Türkiye may be conditioned upon specific requirements or entirely prohibited. In some cases, these codes serve an informative purpose rather than imposing restrictions.

Procedures for Annulment of Restriction Codes
Restriction codes imposed on foreigners can be lifted through administrative applications or annulment lawsuits. Additionally, a special annotated visa can enable a foreign national’s entry into the country. In cases where a deportation order is issued alongside a restriction code, it is also possible to request the removal of the restriction code as part of the annulment lawsuit concerning the deportation order.

Administrative Application Procedure
The primary method for challenging a restriction code is an administrative application. Foreign nationals may submit an objection to the restriction code to the Directorate General of Migration Management within 60 days of the imposition of the code. This objection must be made through a reasoned petition.

The Directorate is obligated to respond to the application within 30 days. If no response is provided within this period, it is assumed that the request has been denied. Filing an administrative application suspends the time limit for initiating a lawsuit, and the remaining time resumes after a decision is issued. If the application is denied or deemed denied, the foreign national may file an annulment lawsuit within the remaining period of the 60-day time limit for administrative litigation.

Annulment Lawsuit
Another way to challenge a restriction code and the associated entry ban is by filing an annulment lawsuit. This lawsuit can be filed either before or after submitting an administrative application. The time limit for filing the lawsuit is 60 days from the date of notification of the decision.

If the foreign national wishes to appeal the first-instance court’s decision, they may do so by filing an appeal within 30 days of notification.

It is important to note that filing an annulment lawsuit does not automatically suspend the execution of the restriction code. To suspend its enforcement, it must be demonstrated that the continuation of the code would result in irreparable or difficult-to-remedy damages. If this is established and a request for suspension is made, the court may order a stay of execution.

Objection to Deportation Orders
An objection to a deportation order is a vital legal remedy available to foreign nationals to protect their rights. In Türkiye, such an objection must be filed with the administrative court within 7 days of receiving the deportation decision. The decision of the administrative court is final and cannot be appealed through appellate or cassation procedures.

In lawsuits challenging deportation orders, the court may also be requested to lift the restriction code. However, if such a request is not explicitly made, the restriction code will remain in effect even if the deportation order is annulled.

When a deportation order is challenged through litigation, the deportation process is suspended for the duration of the lawsuit. Depending on the court’s decision, the foreign national may either be sent to their home country or remain in Türkiye if the deportation order is annulled. However, foreign nationals held in removal centers are not automatically released upon the suspension of deportation orders. To be released, an objection to the administrative detention order must also be filed.

Objection to Administrative Detention Orders
Foreign nationals held in removal centers pending deportation may challenge their administrative detention order to seek release. Such objections are filed with the magistrate’s court that issued the deportation order.

The foreign national may object to the administrative detention order at any time during their detention. The magistrate’s court’s decision regarding the objection is final and cannot be appealed.

Ç Restriction Codes

Ç restriction codes are imposed for various reasons. Some of these codes serve as informational while others have a more active enforcement nature. Each code needs to be analyzed individually due to their unique structures.

Ç-101: The Ç-101 restriction code is applied when there are violations related to visas, visa exemptions, work permits, or residence permits, which could lead to a ban on entry into the country for a foreign national.

For the application of the Ç-101 code, the violation period must range from 10 days to 3 months. In such cases, the foreigner is prohibited from entering Turkey for 3 months.

Ç-102: The Ç-102 restriction code is imposed when a foreigner violates a visa, visa exemption, work permit, or residence permit between 3 months (inclusive) and 6 months (exclusive).

With this code, the foreigner’s entry to Turkey is prohibited for 6 months. Additionally, an administrative fine and a deportation decision are issued for foreign nationals who violate these matters.

Ç-103: The Ç-103 restriction code is applied for violations related to visas, visa exemptions, work permits, or residence permits. To apply this code, the violation period must be at least 6 months (inclusive) and at most 1 year (exclusive).

When the reasons for the application of the Ç-103 code are present, a ban on entry to Turkey for 1 year is imposed. If the foreigner is already in Turkey, they will be deported as soon as possible.

Ç-104: The Ç-104 restriction code is imposed when a foreigner violates a visa, visa exemption, work permit, or residence permit for a period between 1 year (inclusive) and 2 years (exclusive).

This code prohibits the foreigner’s entry to Turkey for 2 years. Additionally, deportation from the country is also considered.

Ç-105: The Ç-105 restriction code is imposed when a foreigner violates a visa, visa exemption, work permit, or residence permit for more than 2 years (inclusive). In this case, the foreigner’s entry to Turkey is prohibited for 5 years.

Codes Ç-101, Ç-102, Ç-103, Ç-104, and Ç-105 all share the same purpose of restricting entry but differ in the duration of the violation, with longer violations resulting in longer entry bans.

Ç-113: The Ç-113 restriction code is applied when illegal entry and exit from the country occurs, or there is suspicion of such activities. A foreigner subjected to this code is prohibited from entering Turkey for 2 years.

This code is frequently applied to foreigners entering Turkey illegally, especially from countries like Turkmenistan, Afghanistan, or other Central Asian and African nations.

Ç-114: The Ç-114 restriction code is applied to foreigners who have been subject to criminal proceedings. If a foreigner is involved in a crime and legal action is taken, their visa, work, and residence permits are canceled, and they are deported. A 2-year entry ban is imposed after deportation.

Ç-115: The Ç-115 restriction code is applied to foreign nationals who have been detained in prison and later released. After their release, a deportation decision is made, and a 2-year entry ban is applied. However, if the foreigner is acquitted, this code will not be applied.

Ç-116: The Ç-116 restriction code is imposed on foreigners who earn their livelihood through illegal (unlawful) means. This is often referred to as the “prostitution code.” A foreigner subject to this code is banned from entering Turkey for 5 years. If their actions involve criminal activity, additional G or N codes may be applied.

Ç-117: The Ç-117 restriction code is applied to foreigners working illegally in Turkey. A deportation decision is made, and the foreigner is banned from entering the country for 1 year.

Ç-118: The Ç-118 restriction code is applied to foreigners who have contagious diseases that pose a risk to public health. A doctor’s report is required to apply this code. The foreigner is deported, and their entry to Turkey is banned for 5 years.

Ç-119: The Ç-119 restriction code is applied to foreigners working illegally in Turkey and who have not paid their administrative fines. A deportation decision is made, and the foreigner is banned from entering the country for 5 years.

Ç-120: The Ç-120 restriction code is applied when a foreigner fails to pay administrative fines imposed for visa or residence permit violations. Deportation is decided, and if the fine is unpaid, the foreigner’s entry to Turkey is prohibited for 5 years.

Ç-135: According to Article 102 of the Law on Foreigners and International Protection No. 6458, administrative fines are imposed in specific cases. The Ç-135 restriction code is applied when these fines are not paid, and the foreigner is prohibited from entering Turkey for 5 years.

Ç-136: The Ç-136 restriction code is imposed when a foreigner cannot pay their travel expenses while leaving the country. In such cases, the treasury covers the expenses, but the foreigner must pay them to be allowed re-entry to Turkey. Otherwise, they will be prohibited from entering due to this code.

Ç-137: The Ç-137 restriction code is applied when a foreigner is invited to leave Turkey voluntarily within a set period (15-30 days) and fails to do so. If the foreigner does not leave voluntarily within the given time, they are banned from entering Turkey for 5 years.

Ç-138: The Ç-138 restriction code is applied to foreigners who attempt to enter Turkey despite having a ban on entry. It is also known as the “stubborn (unaccepted) passenger code.” The foreigner is banned from entering Turkey for 5 years.

Ç-141: The Ç-141 restriction code is applied to foreigners considered a threat to international security. This includes individuals involved with terrorist organizations or those engaged in terrorist activities. Entry to Turkey is prohibited for 5 years, and the entry is subject to the approval of the Ministry of the Interior.

Ç-149: The Ç-149 restriction code is applied when a foreigner is deemed a threat to public security. This code is applied when it is believed that foreigners use Turkey as a transit route to countries involved in terrorism or conflict zones. If the risk is confirmed, the border personnel apply this code, prohibiting the foreigner’s entry for 5 years.

Ç-150: The Ç-150 restriction code is imposed when a foreigner uses fraudulent documents for entry or exit to Turkey, or if they use someone else’s documents as their own. The foreigner is banned from entering Turkey for 5 years. However, if the foreigner can prove that the falsification occurred without their knowledge, the code may be lifted.

Ç-151: The Ç-151 restriction code is imposed on foreigners convicted of crimes related to human trafficking or migrant smuggling. A 5-year entry ban is imposed on these foreigners.

Ç-152: The Ç-152 restriction code is applied when a foreigner is preemptively banned from entering Turkey. The entry ban period is 1 year.

Ç-166: The Ç-166 restriction code is applied when a foreigner cannot justify a valid reason for entry or lacks sufficient financial means to support themselves during their stay in Turkey.

Ç-167: The Ç-167 restriction code is imposed when a foreigner violates a visa, visa exemption, work permit, or residence permit for a period between 3 months and 6 months. The foreigner’s entry is prohibited for 1 month.

Ç-179: The Ç-179 restriction code is applied to foreigners who are deported for engaging in organ or tissue trafficking. They are prohibited from entering Turkey for 5 years.

G Restriction Codes

G restriction codes are applied to foreign individuals who pose a threat to public security and order. These codes are used when an individual is involved in a crime. There is a separate restriction code for almost every type of crime. Based on these codes, deportation decisions can be made, and the individual’s entry into the country is prohibited.

G-26: The G-26 restriction code is applied to individuals suspected of being involved in or engaged in illegal organization activities. A foreign individual subject to this code is deported, and an entry ban is imposed. The duration of the entry ban is determined by the authorities based on the nature of the situation.

G-34: The G-34 restriction code is used for individuals found guilty or suspected of committing the crime of document forgery, whether public or private documents. Based on this code, the individual is deported and an entry ban is imposed.

G-42: The G-42 restriction code applies to individuals who have committed or are suspected of committing drug-related crimes, such as manufacturing, trafficking, or trading illegal drugs. A foreigner subject to this code is deported, and an entry ban is imposed.

G-43: The G-43 restriction code is applied to individuals suspected of or found guilty of committing smuggling crimes under the Turkish Penal Code. This code results in the foreigner’s deportation and entry ban.

G-48: The G-48 restriction code is applied to individuals found guilty of facilitating or providing a place for prostitution. The foreigner is deported, and an entry ban is imposed.

G-58: The G-58 restriction code applies to individuals convicted of or suspected of committing the crime of intentional or negligent homicide. The foreigner is deported, and an entry ban is imposed.

G-64: The G-64 restriction code is applied to individuals who have threatened one or more people. Based on this code, the individual can be deported, and their entry to the country is prohibited. If the code was applied without proper grounds, it may be challenged in court.

G-65: The G-65 restriction code applies to individuals convicted of theft under the Turkish Penal Code. The individual can be deported, and an entry ban is imposed.

G-66: The G-66 restriction code is applied to individuals convicted of robbery (extortion) under the Turkish Penal Code. The individual is deported, and an entry ban is applied.

G-67: The G-67 restriction code is applied to individuals suspected of or convicted of committing fraud. The foreigner is deported, and an entry ban is imposed.

G-78: The G-78 restriction code applies to foreigners with contagious diseases. The entry of such individuals is indefinitely prohibited. However, if a medical report proves they do not have the contagious disease, the code can be lifted. This code is often used in cases related to prostitution.

G-82: The G-82 restriction code is applied to individuals who have engaged in activities against national security. This code can also be applied to individuals suspected of threatening national security. The authorities have discretion in assessing the situation. This code results in deportation and an entry ban.

G-87: The G-87 restriction code is applied to individuals who pose a general security threat. If there is suspicion that an individual poses a danger to national security, this code can be applied. The situation is assessed by the authorities, who use data from the National Intelligence Organization (MIT) in their analysis. A foreigner subject to this code is deported, and an entry ban is imposed.

G-89: The G-89 restriction code is applied to individuals suspected of or convicted as terrorist fighters. Based on this code, the foreigner is deported, and an entry ban is imposed.

K Restriction Codes (Wanted for Smuggling)

K restriction codes are applied to foreign individuals wanted for committing smuggling crimes. These codes may prevent the individual from entering Turkey. Additionally, they can be used to prevent a foreigner already in the country from leaving. Thus, K restriction codes serve the purpose of capturing the foreign criminal.

M Restriction Codes

M restriction codes are applied to individuals for whom Interpol has issued a blue notice. An Interpol blue notice serves to gather more detailed information about a person regarding a crime. It aims to identify the individual or obtain more detailed data.

M-67: The M-67 code is applied to foreign individuals identified by Interpol as having committed fraud. If this code is applied, the individual’s entry to Turkey is conditional on obtaining prior permission from the Ministry of the Interior.

N Restriction Codes

N restriction codes are those that require prior permission for entry into Turkey. Foreign individuals subject to these codes must obtain permission from the Directorate General of Migration Management. In practice, these applications are often rejected. If rejected, N restriction codes result in an indefinite entry ban.

N-67: The N-67 restriction code is applied to foreign individuals wanted by the state for committing fraud. Entry to Turkey for individuals under this code is conditional on obtaining prior permission. If the fraud is international in nature, an M-67 code is applied instead.

N-82: The N-82 restriction code is applied to foreigners whose entry is subject to prior permission. The individual cannot enter the country without obtaining permission from the Directorate General of Migration Management. In practice, this permission is usually not granted, resulting in an indefinite entry ban.

N-95: The N-95 restriction code is applied to individuals who enter Turkey despite an existing entry ban. If the administrative fine for this illegal entry is not paid, the entry will be conditioned on obtaining prior permission. The Directorate of Migration or border personnel can apply this code, and permission must be obtained from the Directorate General of Migration Management.

N-96: The N-96 restriction code is applied to foreign individuals who have been issued a deportation order but fail to leave the country within 15 to 30 days. If the individual does not leave within the given period, this code is applied.

N-97: The N-97 restriction code is applied to foreign individuals who fail to comply with the obligation to report address changes or do not reside at the reported address. If the individual does not pay the administrative fine for this violation, the code is applied, and prior permission is required for entry.

N-99: The N-99 restriction code is applied to foreign individuals who have an Interpol or an Interpol member country-issued search bulletin against them. Entry to Turkey for these individuals is subject to prior permission. Additionally, this code may allow deportation of foreigners already in Turkey.

N-119: The N-119 restriction code is applied to foreign individuals who are working without authorization and have not paid the administrative fine for this violation. The code is applied by the Directorate of Migration.

N-120: The N-120 restriction code applies to foreigners who violate visa, visa exemption, work, or residence permit regulations and fail to pay the required fee and administrative fines. The border personnel apply this code.

N-135: The N-135 restriction code is applied to individuals who illegally enter or attempt to enter Turkey. They are subject to an administrative fine, and their entry is banned for two years under the C-113 code.

N-136: The N-136 restriction code is applied when a foreign individual fails to pay travel expenses upon leaving the country. If the individual lacks the means to pay, the state covers the expenses. However, for re-entry to Turkey, the individual must pay these expenses. This code does not directly result in deportation, and in practice, the C-136 restriction code may be used instead.

N-168: Under Article 102 of the Foreigners and International Protection Law, foreign individuals who evade administrative fines while under administrative supervision, in deportation centers, or during deportation procedures are subject to the N-168 restriction code.

N-169: The N-169 restriction code applies to foreigners who fail to comply with certain obligations set by the Ministry, resulting in an administrative fine. If the fine is not paid, this code is applied, and the individual’s entry to Turkey is subject to prior permission.

N-170: The N-170 restriction code is applied to foreigners who are subject to an administrative fine due to violations of laws such as those under the Misdemeanors Law or other related regulations.

N-171: The N-171 restriction code is applied to foreign individuals who have violated certain obligations, resulting in an administrative fine. This code restricts the individual’s entry to Turkey and requires prior permission.

N-172: The N-172 restriction code is applied to foreign individuals who, under international protection, voluntarily return to their country and fail to pay travel expenses. If these expenses are not paid, the foreign individual cannot re-enter Turkey.

O Restriction Codes

O-100: This code is applied to foreign nationals who voluntarily withdraw their international protection application. With this code, the individual is banned from entering Turkey for a period of 1 year. Additionally, if an asylum seeker is found not at the address they reported, this code is applied.

O-176: This code is applied when an international protection request is rejected by the authorities. It is issued when there is no need for international protection, the application is withdrawn, or the application is deemed inadmissible. With this code, the individual is banned from entering Turkey for 3 years.

O-177: This code is applied to foreigners whose international protection application was rejected or whose protection status has been revoked. It bans entry to Turkey for 5 years, although the code can be lifted through certain procedures.

V Restriction Codes

V-68: This code is applied when a foreigner’s residence permit requires approval from the Ministry of the Interior. Without this approval, no residence permit can be issued.

V-69: This code is issued when a foreigner’s residence permit is canceled, and they are prohibited from receiving a new residence permit for 5 years.

V-70: This code is applied to foreigners who engage in fraudulent marriages to gain citizenship through marriage to a Turkish citizen. The person’s residence permit is canceled, and they are banned from entering Turkey for 5 years. In some cases, this code may be applied even when the marriage is legitimate but deemed formal.

V-71: This code is applied to foreigners who fail to report or update their address as required when applying for a residence permit. If they cannot be found at the reported address, this code is applied, and their residence permit application is rejected. If the foreigner leaves the country voluntarily, no entry ban is applied.

V-74: This code is applied to foreigners residing in Turkey with international protection status, as their departure from the country is subject to permission. This code is applied in cases where the permission is improperly applied, and in such cases, it may be lifted.

V-77: This code is applied to individuals who apply for work or residence permits as an Ahiska Turk but are not actually Ahiska Turks. The application is rejected, and this code is applied.

V-84: This code applies to foreigners entering Turkey with a conditional entry arrangement requiring them to apply for a residence permit within 10 days. If they fail to do so, this code is applied. This system has been abolished as of June 9, 2020, so this code is no longer in use.

V-87: This code applies to foreigners with temporary protection status who voluntarily return to their home country. It is commonly used for Syrian nationals.

V-88: This code is applied to foreigners whose work permit has been invalidated. It may also be applied if they are fined or banned from entering the country.

V-89: This code applies to foreigners who entered Turkey illegally and were deported after being accepted by another country. This is considered a “re-admission.”

V-91: Similar to V-74, this code applies to foreigners with temporary protection status, and their departure from Turkey is subject to permission. It may also be lifted if applied improperly.

V-92: This code applies to foreigners who have made multiple applications for temporary protection. The most recent application is considered valid, while previous applications lose their validity.

V-137: This code is applied to foreigners who are invited to leave the country under the “invitation to leave” procedure after violating work or residence permit conditions. They are given 15 to 30 days to leave the country voluntarily.

V-144: This code is applied to foreigners who cannot be deported because they risk facing the death penalty, torture, or inhuman treatment in their home country or the country to which they are being deported. Instead, they are granted humanitarian residence permits.

V-145: This code is applied to foreigners who voluntarily return to their home country, ending their international protection status. A different code (V-87) applies to those with temporary protection status.

V-146: This code is applied to Turkish citizens whose passports have been marked due to judicial actions. Passport applications are also rejected for these individuals.

V-147: This code is applied to the spouses of Turkish citizens whose passports have been marked due to judicial actions (V-146 code). Their passport applications are also rejected.

V-148: This code is applied to foreigners residing in temporary protection centers and indicates that they are in such centers. If they leave, the code must be lifted.

V-153: This code applies to foreigners who are at risk of facing the death penalty, torture, or inhuman treatment if deported. In such cases, they are sent to a safe third country after a decision by the Constitutional Court.

V-154: This code is applied to foreigners who have filed a lawsuit to cancel a deportation decision. They cannot be deported until the case is resolved.

V-155: This code applies to foreigners who have applied to the European Court of Human Rights and received a measure decision. The application must be approved by the court before this code is applied.

V-156: This code applies to foreigners who fail to pay their legal fees when their case against the Directorate General of Migration Management is rejected or dismissed.

V-157: This code is applied when a foreigner’s residence permit application is rejected based on grounds specified in the Foreigners and International Protection Law.

V-158: This code applies to individuals working in foreign missions or their family members. If their identification card is canceled, this code is applied.

V-159: This code is applied to foreigners who transit through Turkey to another country. Since Turkey is a transit country, this code is frequently encountered but does not negatively impact the foreigner.

Y Restriction Codes

Y restriction codes are applied to individuals for whom Interpol has issued a Green Notice. The Green Notice is issued for persons suspected or convicted of crimes internationally, with the aim of alerting Interpol member countries and gathering information about these individuals.

ARBITRATION, LITIGATION, AND DISPUTE RESOLUTION IN TURKEY FOR FOREIGNERS

Ongur Partners Law Firm — Tue, 07 Jan 2025 11:36:43 +0000

dispute resolution in turkey

Turkey has become an attractive centre for foreign investors thanks to its geopolitical position, rapidly growing economy, and increasing volume of international trade. However, international trade and investment often bring legal disputes. Turkey offers a range of legal mechanisms to effectively address disputes for foreign investors and companies. In this article, we explore the main methods of dispute resolution in Turkey, including litigation, arbitration, and mediation, highlighting their advantages and disadvantages. Disputes are a common part of life, whether in business, property transactions, or personal matters. In Turkey, there are multiple mechanisms available to resolve disputes, both formal and informal. Below is an overview of the key dispute resolution options available in Turkey.

Dispute Resolution Mechanisms in Turkey

Being well-integrated into international trade and dispute resolution systems, Turkey provides various options for dispute resolution. These mechanisms include litigation, arbitration, mediation, and conciliation, each tailored to meet different needs.

Litigation: Court System in Turkey

Similar to major jurisdictions, litigation is the default dispute resolution mechanism in Turkey. Unless the parties agree otherwise, disputes are resolved through the state courts. Turkey’s legal system ensures justice is delivered through specialised courts, such as commercial, administrative, criminal, and civil courts. However, the court system is often criticised for lengthy processes and challenges such as language barriers, which can make it less appealing for foreign parties. Particularly in complex commercial disputes, alternatives to litigation may offer better solutions in terms of time and cost.

Arbitration in Turkey

Arbitration is a preferred method for resolving disputes without resorting to court. Conducted by neutral arbitrators, arbitration offers confidentiality, faster resolutions, and enforceable decisions that are recognised internationally. Turkey is a ‘pro-arbitration’ jurisdiction, with courts that actively support arbitration agreements and proceedings. This makes arbitration in Turkey a reliable choice for resolving international disputes efficiently.

Mediation in Turkey

Mediation enables parties to resolve disputes amicably under the guidance of a neutral mediator. In some types of commercial disputes, mediation is mandatory before filing a lawsuit in Turkey. Beyond mandatory mediation, parties can voluntarily opt for this method to resolve their issues without the formalities of litigation. Mediation is fast, cost-effective, and preserves relationships between parties.

Conciliation in Turkey

Conciliation involves parties negotiating directly to reach a mutual agreement. This approach provides time and cost advantages for those looking to avoid formal processes. However, since it is not legally binding, it relies heavily on the good faith of the parties involved.

Advantages and Disadvantages of Dispute Resolution Systems in Turkey

Litigation: Court System

Advantages:

– Binding judgments are issued in accordance with the law.
– Specialised courts handle complex legal disputes.
– Decisions can be appealed, ensuring an additional layer of control.

Disadvantages:

– Lengthy and costly processes.
– Language barriers and procedural complexities for foreign parties.

Arbitration

Advantages:

– Fast and flexible processes.
– Ensures confidentiality, protecting commercial reputations.
– Parties can select arbitrators.
– Decisions are enforceable internationally under the New York Convention.

Disadvantages:

– Potentially high costs, especially in international arbitration.
– Limited grounds for challenging arbitral awards.

Mediation

Advantages:

– Cost-effective and quick resolution process.
– Facilitates amicable solutions between parties.
– Serves as a mandatory pre-litigation step in certain disputes, streamlining court preparation.
– Can be opted for voluntarily to avoid litigation altogether.

Disadvantages:

– Non-binding outcomes require mutual agreement from the parties.
– May be ineffective in cases of significant disagreement.

Conciliation

Advantages:

– Allows disputes to be resolved informally, without entering formal processes.
– Saves time and costs.
– Maintains commercial relationships between parties.

Disadvantages:

– Lacks official binding authority.
– Heavily dependent on the goodwill and cooperation of the parties.

Court-Based Dispute Resolution (Litigation)

Litigation is the formal process of resolving disputes through the courts. The Turkish legal system is based on civil law, and disputes are typically heard in civil courts.

Civil Courts: Handle most types of civil disputes, including property, contracts, family law, and inheritance issues.
Commercial Courts: Deal with business-related disputes, including those between companies, contractual matters, and business partnerships.
Administrative Courts: Handle disputes between individuals and government agencies or authorities.
Criminal Courts: Deal with offenses under criminal law.

Steps in Litigation:

Filing a Lawsuit: The process begins with submitting a petition to the relevant court.
Court Hearings: After the case is filed, the court schedules hearings to review evidence and hear both parties.
Judgment: Once all evidence is presented, the court makes a decision, which can be appealed if one party is dissatisfied with the outcome.

Pros of Court-Based Dispute Resolution:

Legal binding decisions enforced by the state.
Suitable for complex cases that require detailed examination of evidence.
Transparent and regulated by the Turkish legal system.

Cons of Court-Based Dispute Resolution:

Can be time-consuming, sometimes taking years to reach a resolution.
Expensive due to legal fees, court costs, and potential appeals.

Mediation

Mediation is a voluntary and non-binding method of dispute resolution where a neutral third party (the mediator) facilitates discussions between disputing parties to help them reach a mutually acceptable resolution. Mediation is often used in family, civil, and commercial disputes.

Advantages of Mediation:

Faster and cheaper than litigation.
Encourages parties to reach a mutually beneficial solution rather than imposing a judgment.
Confidential process, protecting the privacy of both parties.

Legally Binding Mediation:

In Turkey, mandatory mediation is required for certain types of disputes, such as labor disputes and commercial cases. If mediation results in an agreement, it can be made legally binding by submitting it to the court.

Arbitration

Arbitration is a private and legally recognized method of dispute resolution where a third-party arbitrator makes a binding decision after reviewing the case. It is commonly used for commercial and international disputes.

Arbitration Process:

The parties agree to appoint an arbitrator or a panel of arbitrators.
Both parties present their arguments and evidence to the arbitrator.
The arbitrator renders a final, binding decision, which is enforceable by law.

Advantages of Arbitration:

Quicker than court proceedings.
More private and confidential compared to litigation.
The outcome is final, with limited scope for appeal.

Arbitration in Turkey:

Turkey is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, making arbitration rulings enforceable in most countries. Many businesses use arbitration for cross-border disputes.

Alternative Dispute Resolution (ADR) Methods

In addition to mediation and arbitration, there are several other alternative dispute resolution methods that can be used in Turkey:

Conciliation: A less formal process than mediation, where the conciliator suggests possible solutions to the dispute.
Negotiation: Parties directly communicate with each other to reach a settlement without the involvement of a third party.
Expert Determination: Used primarily in technical disputes, an expert provides a binding decision on a specific matter.

Advantages of ADR Methods:

Cost-effective and time-saving compared to litigation.
Flexibility in the process and outcome, as parties can choose how to proceed.
Preservation of relationships, as the process is more collaborative.

Dispute Resolution in Property Transactions

For real estate-related disputes, particularly for foreign buyers, Turkey provides both judicial and non-judicial options:

Property Mediation: Common in property disputes such as title deed issues, contracts, or property boundaries.
Land Registry: For certain property disputes, the Land Registry can play a role in resolving ownership conflicts.
Civil Courts: Disputes related to property contracts or titles are generally handled in the civil courts.

International Dispute Resolution

For foreigners involved in disputes in Turkey (e.g., property buyers, investors), there are several international dispute resolution mechanisms:

International Arbitration: Many international contracts with Turkish entities include an arbitration clause, allowing disputes to be resolved in international arbitration forums.
International Mediation: Mediation services may be used for cross-border disputes where parties are from different countries.

For foreign investors and companies operating in Turkey, understanding the available dispute resolution mechanisms is crucial for effectively addressing legal challenges. Arbitration stands out as a fast, impartial, and internationally recognised solution, while litigation, mediation, and conciliation offer alternative pathways tailored to specific needs. Expert guidance ensures a seamless resolution process, safeguarding the interests of all parties involved.
If you require professional assistance with arbitration in Turkey, litigation in Turkey, or other dispute resolution methods, contact our expert lawyers for tailored solutions that protect your investments and business interests.

What are the 4 types of dispute resolution service in Turkey?

In Turkey, there are four primary types of dispute resolution services:

1. Litigation (Court-Based Dispute Resolution)

This is the formal legal process where disputes are resolved through the Turkish judicial system. The courts make binding decisions after reviewing evidence and hearing arguments from both parties. It is the most traditional form of dispute resolution.

2. Mediation

Mediation involves a neutral third party (the mediator) helping the disputing parties to negotiate and find a mutually agreeable solution. It is a non-binding process, and in some cases, such as commercial disputes or labor cases, it may be mandatory before proceeding to court.

3. Arbitration

In arbitration, an independent arbitrator (or panel) is appointed to resolve the dispute. The arbitrator’s decision is binding, and the process is generally faster and more private than litigation. Arbitration is commonly used in business, commercial, and international disputes.

4. Alternative Dispute Resolution (ADR)

ADR encompasses methods like conciliation, negotiation, and expert determination. These are more flexible and informal processes designed to help parties resolve disputes outside of the courtroom. ADR methods can be quicker and more cost-effective than litigation and can help preserve relationships between the parties.

Each of these methods serves different types of disputes, offering various advantages depending on the nature of the issue at hand.

What is the meaning of dispute resolution service in Turkey?

Dispute resolution services in Turkey refer to the various methods and processes used to resolve conflicts or disagreements between individuals, businesses, or entities, without the need for prolonged court litigation. These services help parties find solutions to their disputes in a more efficient, cost-effective, and often faster manner. Dispute resolution can be formal or informal, depending on the method used.

Purpose and Importance of Dispute Resolution Services

Efficiency: These services often offer faster resolutions than court proceedings.
Cost-Effectiveness: They can be less expensive, as they avoid lengthy court trials and legal fees.
Confidentiality: Methods like mediation and arbitration offer privacy, which is beneficial for sensitive issues.
Preservation of Relationships: Dispute resolution methods like mediation help maintain relationships between parties, which is especially important in business and family disputes.

In Turkey, these services aim to provide more accessible and effective ways of resolving disputes, promoting peace, fairness, and the overall efficiency of the legal and business environment.

What is the most common dispute resolution?

Mediation tends to be the most common and effective method for a wide range of disputes in Turkey, as it strikes a balance between legal formality and the desire for a fast, mutually agreeable solution.
However, litigation remains common, especially for more serious or complex matters.
For business and international disputes, arbitration is frequently chosen due to its efficiency and binding nature.

In summary, mediation is often the preferred starting point for many disputes due to its benefits, though litigation and arbitration continue to be common methods for more complex cases.

What is the importance of dispute resolution service for administrative cases?

Dispute resolution services play a crucial role in administrative cases, where the conflict typically arises between individuals or entities and government agencies. These cases often involve the interpretation and enforcement of laws, regulations, and administrative decisions. Here’s why dispute resolution is vital in such contexts:

1. Efficient and Timely Resolution

Administrative cases can often involve complex legal issues, but dispute resolution services—especially mediation and arbitration—help speed up the process compared to formal litigation. This efficiency is essential because administrative disputes can delay business operations, public services, or the enforcement of regulatory policies.

Mediation and negotiation are especially useful in reaching timely agreements between the parties involved (e.g., government agencies and citizens or businesses).
Arbitration provides an expedited and binding decision, which can be vital for resolving administrative conflicts faster than going through prolonged court procedures.

2. Reduces Overload on Courts

Administrative cases can sometimes crowd the court system, leading to backlogs and delays. By utilizing dispute resolution services like mediation and arbitration, administrative cases can be settled outside the courtroom, thereby reducing the burden on the judiciary.

Courts are often overwhelmed with cases, and administrative disputes can clog up the system. Alternative methods free up judicial resources, allowing for quicker legal processes in general.

3. Preservation of Relationships

Administrative disputes often involve ongoing relationships between citizens, businesses, and government agencies. Dispute resolution methods such as mediation help preserve these relationships by fostering cooperation and understanding, rather than creating animosity that often arises in contentious court battles.

In cases like tax disputes, environmental regulations, or zoning issues, parties who reach an amicable settlement are more likely to continue their working relationships in the future.

4. Cost-Effectiveness

Litigation can be expensive, especially in cases involving the government or complex regulations. Alternative dispute resolution services (ADR) like mediation and arbitration are generally more affordable, allowing individuals and businesses to resolve their cases without incurring significant legal costs.

Mediation, for example, is much less costly than prolonged court proceedings, and arbitration may also save money compared to litigation while still providing a legally binding decision.

5. Greater Flexibility and Autonomy

Dispute resolution services offer more flexibility than traditional litigation, which often follows strict procedures. In administrative cases, parties can negotiate terms that better suit their interests or settle the issue based on a more practical, context-driven solution. This flexibility is crucial when dealing with regulatory or governmental matters.

For example, in regulatory disputes, parties may reach a resolution that allows for compliance adjustments without resorting to heavy-handed government enforcement or punitive legal actions.

6. Fairness and Impartiality

In administrative cases, the involved government body or agency is often perceived as having more power than the individual or company involved. Using an independent mediator or arbitrator ensures that both parties have equal opportunities to present their case in a fair and impartial manner. This helps balance power dynamics, creating a more just and transparent process.

7. Compliance with Legal and Regulatory Frameworks

Administrative disputes often revolve around interpreting and applying laws, regulations, and policies. By using dispute resolution services, parties can reach solutions that comply with the legal and regulatory frameworks, ensuring that the dispute is resolved in accordance with existing laws and avoiding further legal challenges.

Frequently Asked Questions About Dispute Resolution In Turkey

What is the significance of dispute resolution service for criminal cases?

Dispute resolution services in criminal cases, though not as commonly used as in civil or administrative cases, still hold significance in certain situations. These services can help in resolving issues, reducing the burden on the court system, and even providing rehabilitative solutions for offenders.

What is the concept of the enforcement and bankruptcy Law in Turkey in terms of dispute resolution service?

In Turkey, Enforcement and Bankruptcy Law governs the procedures related to the enforcement of court decisions, the collection of debts, and the liquidation of assets when individuals or entities face financial distress. This legal framework plays a significant role in resolving disputes related to unpaid debts, insolvency, and other financial issues. Dispute resolution services in this context serve as mechanisms to settle conflicts efficiently and fairly, whether during the enforcement process or when dealing with bankruptcy proceedings.

What is the importance of dispute resolution service for divorce proceedings?

Divorce proceedings can often be emotionally and financially draining for both parties involved. In Turkey, as in many other countries, dispute resolution services play a crucial role in facilitating a more efficient, less adversarial, and fair process. These services, such as mediation and conciliation, offer significant benefits during divorce proceedings. Here’s why they are important:

1. Reducing Emotional Stress and Conflict

Divorce is often a highly emotional experience, especially when children, finances, and long-term relationships are involved. Traditional litigation can escalate conflict and create an environment of hostility, making it harder for both parties to move forward.

Mediation and conciliation provide a neutral platform where both parties can express their concerns, needs, and desires in a more controlled and supportive environment. This reduces hostility and allows them to focus on resolving key issues rather than getting caught in emotional battles.
Dispute resolution services ensure that both spouses are heard, and this can significantly ease the emotional burden of divorce, helping individuals to approach the process with more clarity and a sense of fairness.

2. Cost-Effectiveness

Traditional divorce litigation can be expensive, particularly when lengthy legal battles, multiple hearings, and appeals are involved. Court fees, lawyer fees, and other associated costs can quickly add up, leaving both parties financially strained.

Mediation and other dispute resolution methods are often much less expensive compared to prolonged litigation. They offer an efficient way to resolve disputes over property division, child custody, and financial matters without incurring the high costs associated with court proceedings.
The lower cost of dispute resolution services allows both parties to resolve their issues without the need for excessive legal expenses, making it a more financially sustainable option.

3. Faster Resolution

Divorce proceedings can drag on for months or even years in a courtroom, particularly when there are complicated issues like alimony, child custody, or property division. Dispute resolution services offer a much quicker alternative.

Mediation allows couples to address and resolve issues in a matter of days or weeks, rather than waiting for court dates and engaging in a lengthy trial process.
Arbitration can also expedite the process, as the arbitrator makes binding decisions, ensuring a final resolution is reached quickly and efficiently.

4. Customized Solutions

In traditional court proceedings, judges often rely on a one-size-fits-all approach when making decisions regarding asset division, child custody, and other matters. This can leave both parties dissatisfied if they feel their unique needs and circumstances have not been fully considered.

Dispute resolution services like mediation give the spouses the flexibility to create customized agreements that better fit their needs, desires, and financial situations.
In mediation, both parties can negotiate solutions that work for them, rather than accepting a ruling that may not suit their specific circumstances. This personalized approach can lead to more mutually agreeable outcomes.

5. Preserving Relationships (Especially When Children Are Involved)

When children are involved in a divorce, it is especially important to maintain a cooperative relationship between the parents. Traditional litigation can create lasting animosity and damage the ability to co-parent effectively.

Mediation and conciliation can help parents navigate the complexities of child custody and visitation schedules in a way that preserves their relationship as co-parents.
By encouraging open communication and understanding, dispute resolution services provide a platform for parents to develop a parenting plan that works for everyone, reducing the long-term emotional impact on children.

6. Protecting Privacy and Confidentiality

Divorce proceedings in court are public, and details of the case, including financial information, personal matters, and family issues, may be exposed to the public. This can cause embarrassment and harm to both parties involved.

Dispute resolution services, especially mediation, offer a private and confidential environment where both spouses can discuss their issues without the fear of their personal information being disclosed to the public.
Confidentiality is a key element in mediation, and it ensures that sensitive matters are handled with discretion, reducing the stress and stigma often associated with divorce proceedings.

7. Flexibility and Control

In court proceedings, the outcome is in the hands of the judge, and both parties must accept the ruling. This lack of control over the final decision can leave both spouses dissatisfied with the result.

Mediation gives both parties a greater sense of control over the process and outcome, as they actively participate in the decision-making. This sense of ownership often leads to greater satisfaction with the final agreement.
Conciliation services also allow both spouses to have a say in resolving their dispute, fostering a greater sense of fairness and collaboration.

8. Higher Rate of Compliance

Agreements reached through dispute resolution services like mediation tend to have higher compliance rates because both parties were actively involved in crafting the solutions. This often leads to greater satisfaction with the process and reduces the likelihood of future legal disputes.

In contrast, court-imposed rulings may be perceived as less fair, leading one or both parties to resist compliance.
When spouses feel that their concerns and needs were taken into account, they are more likely to adhere to the terms of the agreement, which is particularly important in matters like child custody, visitation, and alimony.

9. Preventing Further Legal Battles

While traditional divorce proceedings can result in an initial ruling, there may still be the potential for ongoing legal disputes, especially when one party feels dissatisfied with the judgment. Dispute resolution services often help to prevent future litigation by addressing issues comprehensively.

Mediation helps to ensure that both parties reach an agreement on all relevant aspects of the divorce, reducing the chances of future disputes over issues such as alimony, asset division, and custody arrangements.

What is the role of Ongur Legal Consultancy for dispute resolution service?

Ongur Legal Consultancy english speaking lawyer is a prominent law firm that offers comprehensive dispute resolution services in Turkey, aiming to assist clients in resolving conflicts efficiently and amicably. Their expertise spans various sectors, ensuring that individuals, companies, and foreign investors receive the best legal guidance and representation.

Our law office is recognized to be one of the top trusted international lawyers in Turkey by the international legal authorities.

ONGUR & Partners international law firm is among the leading law firms in Ankara in Turkey that provides high-quality legal services to a large number of clients.. We are a full-service law firm with in deep experiences in the fields of energy, real estate law, cooperate law, public tenders law, international contracts, international arbitration, international litigations, Turkish Citizenship via real estate accessions etc

HOW TO SET UP A COMPANY IN TURKEY?

Ongur Partners Law Firm — Sat, 28 Dec 2024 15:10:13 +0000

How to set up a company in Turkey. Setting up a company in Turkey involves several steps, including deciding on the business structure, registering with the Trade Registry Office, and obtaining the necessary permits and licenses. The process typically includes:

Choosing the business type (e.g., Limited Liability Company – LLC, Joint Stock Company).
Drafting the Articles of Association.
Registering with the Turkish Trade Registry.
Opening a local bank account and depositing the required capital.
Obtaining a tax identification number and registering with the tax authorities.
Securing any industry-specific licenses or permits.

By partnering with legal experts, such as Ongur Partners, the process can be streamlined and efficient.

Can a Foreigner Set Up a Company in Turkey?

Yes, foreigners are allowed to establish companies in Turkey without requiring local shareholders. Turkey’s investment-friendly policies make it easy for foreign entrepreneurs to start businesses. However, they must comply with Turkish legal requirements and may need assistance from experienced legal advisors to navigate the process smoothly.

What is the Minimum Capital for a Company in Turkey?

The minimum capital requirement depends on the type of company:

LLC (Limited Liability Company): 50,000 TRY.
JSC (Joint Stock Company): 250.000 TRY.

This capital must be deposited into a Turkish bank account before the company is registered.

How Much is Business Tax in Turkey?

Corporate income tax in Turkey is 25% as of 2024. Additionally, businesses must pay VAT (Value Added Tax), which ranges from 1% to 20%, depending on the sector and services provided.

How Long Does It Take to Set Up a Company in Turkey?

The company formation process in Turkey typically takes 5 to 10 business days, provided all required documents are prepared and submitted correctly. Delays may occur if additional permits or approvals are needed.

Which City is Best to Start a Business in Turkey?

Istanbul: Ideal for international trade and finance.
Ankara: Best for government-related businesses.
Izmir: A hub for export-oriented industries.
Bursa: Suitable for manufacturing and automotive sectors.

The choice depends on your industry and target market.

Is Turkey Good for Startups?

Yes, Turkey is an excellent choice for startups. The country offers:

A large domestic market.
Strategic access to Europe, Asia, and the Middle East.
Affordable labor and operational costs.
Government incentives for innovation and technology-based ventures.

Is Turkey a Good Country to Start a Business?

Turkey’s growing economy, young population, and strategic location make it an attractive destination for business. The government also provides incentives for foreign investors, including tax benefits and subsidies.

How Do I Register My LLC in Turkey?

To register an LLC in Turkey, follow these steps:

Draft and notarize the Articles of Association.
Obtain a tax identification number.
Deposit the minimum capital in a Turkish bank.
Register the company with the Trade Registry Office.
Apply for a tax certificate and open a business bank account.

What is the Foreign Ownership Limit in Turkey?

Turkey allows 100% foreign ownership for most businesses. However, certain industries, like energy or media, may have restrictions or require additional permits.

What Business Can a Foreigner Do in Turkey?

Foreigners can engage in various business activities, such as:

Tourism and hospitality.
Real estate and construction.
Import/export businesses.
Manufacturing and retail.

Technology and startups.

What Type of Business is Profitable in Turkey?

Profitable sectors in Turkey include:

Real estate development.
E-commerce and technology startups.
Tourism and hospitality.
Agriculture and food processing.
Renewable energy projects.

How Much Does It Cost to Open an LLC in Turkey?

The costs for opening an LLC include:

Trade Registry Fees: Approximately 1,000-2,000 $.
Notary Fees: Around 500-1,000 $.
Legal and Consultancy Fees: Varies based on services required.

On average, the total cost ranges from $2,000 to $5,000 USD.

What is LLC in Turkish?

In Turkish, LLC is referred to as “Limited Şirketi (Ltd. Şti.).”

What is the Equivalent of LLC in Turkey?

The equivalent of an LLC in Turkey is the “Limited Liability Company” (“Ltd. Şti.”), which offers limited liability to its shareholders.

Can I Register a Company in Turkey?

Yes, both Turkish citizens and foreign nationals can register a company in Turkey. The process involves meeting legal requirements, preparing documents, and registering with the Trade Registry Office.

How Long Does It Take to Register a Company in Turkey?

The registration process usually takes 5 to 10 business days, provided all documents and requirements are in order.

Is it Hard to Do Business in Turkey?

While Turkey offers a business-friendly environment, navigating the legal and administrative processes can be challenging for newcomers. Partnering with experienced consultants, like Ongur Partners, can ease the process.

Can I Be Self-Employed in Turkey?

Yes, foreigners can be self-employed in Turkey by registering a sole proprietorship or establishing a company. However, they must comply with tax and labor laws.

How to Incorporate a Company in Turkey?

To incorporate a company in Turkey:

Select the type of business entity.
Prepare incorporation documents.
Register with the Trade Registry.
Open a bank account and deposit the capital.
Obtain tax and operational licenses.

How Do I Verify a Turkey Company?

To verify a company in Turkey:

Check its registration details with the Turkish Trade Registry.
Request a copy of its Articles of Association.
Consult legal experts for additional verification.

Company Formation Procedure in Turkey & Istanbul

The procedure includes:

Selecting the company type and name.
Drafting and notarizing documents.
Registering with the Trade Registry in Istanbul or other cities.
Obtaining tax and social security registrations.
Complying with industry-specific regulations.

How to Obtain Turkish Residency and Working Permits?

To obtain Turkish residency and work permits:

Apply for a residence permit via the Directorate General of Migration Management.
Secure a job offer or start a business to apply for a work permit.
Submit the required documents, including your passport, company registration (if applicable), and application forms.

Legal experts, such as Ongur Partners, can provide assistance throughout the process.

Set Up a Company in Turkey with Ongur Partners

Setting up a company in Turkey is an exciting venture, offering access to a dynamic market and a strategic location bridging Europe and Asia. Whether you’re an entrepreneur or an established business looking to expand, Ongur Partners is here to guide you through the complexities of company formation in Turkey. In this article, we delve into the step-by-step process, costs, legal requirements, and the unique benefits of partnering with Ongur Partners for a seamless setup experience.

Why Choose Turkey for Your Business?

Turkey’s rapidly growing economy, young population, and advantageous geographic location make it a prime destination for businesses. Key benefits include:

Access to a market of over 80 million people.
Proximity to Europe, Asia, and the Middle East.
Government incentives for foreign investors.
Affordable operational and labor costs.

Why Partner with Ongur Partners?

Ongur Partners is a leading law firm in Turkey specializing in company formation, legal compliance, and business consultancy. With years of experience and a client-centric approach, Ongur Partners offers:

Expert Guidance: Comprehensive knowledge of Turkish laws and regulations.
Tailored Solutions: Customized strategies for every business type.
End-to-End Support: Assistance from planning to execution.
Multilingual Services: Fluent communication for international clients.

Step-by-Step Guide to Setting Up a Company in Turkey with Ongur Partners

1. Choose Your Business Structure

The first step is selecting the most suitable business structure. Common options include:
- Limited Liability Company (LLC): Ideal for small to medium-sized enterprises.
- Joint Stock Company (JSC): Suitable for larger businesses requiring significant capital.
- Branch Office: For companies looking to expand operations in Turkey.
Ongur Partners evaluates your goals and advises on the best structure to meet your needs.

2. Draft and Notarize the Articles of Association

The Articles of Association outline your company’s objectives, shareholder information, and operational guidelines. Ongur Partners ensures that your documents comply with Turkish regulations and assists with notarization.

3. Obtain a Tax Identification Number

All businesses in Turkey require a tax identification number. Ongur Partners manages the application process to ensure a swift and accurate issuance.

4. Deposit the Minimum Capital

The minimum capital requirement depends on your business type:
- LLC: 50,000 TRY.
- JSC: 250,000 TRY.
The funds must be deposited into a Turkish bank account, and Ongur Partners facilitates account opening and capital deposit procedures.

5. Register with the Trade Registry Office

Your company must be registered with the Trade Registry Office in the location where it will operate. Ongur Partners handles the preparation and submission of all necessary documents.

6. Obtain Required Licenses and Permits

Depending on your industry, specific licenses or permits may be required. Ongur Partners identifies these requirements and assists in obtaining approvals.

7. Register with Tax and Social Security Authorities

Finally, your company must be registered with the tax authorities and social security administration. Ongur Partners ensures compliance with all tax and labor laws.

Costs of Setting Up a Company in Turkey

The costs involved in company formation include:
- Trade Registry Fees: Approximately 1,000-2,000 $.
- Notary Fees: Around 500-1,000 $.
- Legal and Consultancy Fees: Varies based on services required.
Ongur Partners provides transparent pricing and customized packages to suit your budget.

How Long Does It Take to Set Up a Company in Turkey?

The entire process typically takes 5 to 10 business days, depending on the completeness of the required documents and approvals. With Ongur Partners, delays are minimized through efficient planning and execution.

Additional Services by Ongur Partners

Beyond company formation, Ongur Partners offers:
- Legal Compliance: Ensuring adherence to Turkish laws.
- Business Consultancy: Market analysis and strategic planning.
- Residency and Work Permits: Assistance with obtaining permits for foreign investors and employees.
- Ongoing Legal Support: Continuous guidance to support your business operations.
Why Work with Ongur Partners?

Ongur Partners stands out due to its:
- Proven Expertise: Decades of experience in company formation and legal advisory.
- Client-Focused Approach: Personalized services to meet unique business needs.
- Strong Network: Connections with Turkish authorities and institutions for seamless processes.
- Comprehensive Services: Covering all aspects of starting and managing a business.
Conclusion

Setting up a company in Turkey offers immense opportunities, but navigating the legal and administrative requirements can be challenging. Ongur Partners is your trusted partner, providing expert guidance and comprehensive support to ensure a hassle-free experience.

With Ongur Partners by your side, you can focus on your business goals while leaving the complexities of company formation to the experts. Contact Ongur Partners today to take the first step toward establishing your business in Turkey.

COMPREHENSIVE GUIDE TO COMPANY FORMATION IN TURKEY

Ongur Partners Law Firm — Fri, 27 Dec 2024 00:34:23 +0000

Company Formation in Turkey. Turkey has long been a prime location for business ventures due to its strategic position, vibrant economy, and access to global markets. Whether you’re an entrepreneur looking to expand your operations into new territory or an investor seeking opportunities, understanding the process of company formation in Turkey is crucial. In this guide, we’ll take a detailed look at the process of setting up a business in Turkey, the associated costs, the role of company formation agents, and other essential considerations.

Company Formation in Turkey

Company formation in Turkey is a relatively straightforward process, but it requires a thorough understanding of the legal framework and local regulations. The Turkish government has made several reforms in recent years to attract foreign investors, providing a more business-friendly environment. The most common business structures for foreigners are limited liability companies (LLCs) and joint-stock companies (JSCs). Each has its own benefits depending on the type of business and level of investment.

The general procedure involves registering the company with the Trade Registry Office, obtaining necessary tax identification numbers, and fulfilling certain legal and financial requirements. The minimum capital required varies depending on the company type, but in general, setting up a limited liability company requires a minimum of TRY 10,000 (approximately USD 500). The procedure typically takes a few weeks, depending on how quickly the documentation is completed.

Company Formation Agent in Turkey

While setting up a business in Turkey is possible to manage on your own, many foreign investors prefer to hire a company formation agent in Turkey. These professionals assist in navigating the complex bureaucracy, ensuring that all legal and regulatory requirements are met. Company formation in turkey agents are well-versed in the local business laws, tax regulations, and required documentation.

A company formation agent in Turkey can offer several key services, such as:

Assisting with the selection of the appropriate business structure (LLC, JSC, or others).
Handling the application process with the Turkish Trade Registry.
Managing the legal and administrative aspects, such as drafting articles of association.
Arranging the required licenses and permits for specific industries.

By using a company formation agent in Turkey, you reduce the risk of errors and delays in the registration process. The expertise and local knowledge provided by these agents can save you significant time and effort.

Company Formation Agents in Turkey

There are numerous Company formation in turkey that specialize in helping foreigners set up businesses. These agents offer tailored services depending on the type of business you wish to establish, ensuring compliance with Turkish laws while making the process smoother and more efficient.

Some of the top benefits of working with experienced company formation agents in Turkey include:

Expert Guidance: Company formation agents help you understand the nuances of Turkish business laws, making it easier to select the right business structure.
Document Preparation: These agents prepare and submit all required documents to the relevant authorities, ensuring that no steps are overlooked.
Opening Bank Accounts: In many cases, foreign investors are required to open a Turkish business bank account. Company formation agents can facilitate this process.
Ongoing Support: Post-formation support, such as tax consultation and bookkeeping, can also be provided by agents, helping your business run smoothly after registration.

Company Formation in Turkey Cost

The cost of company formation in Turkey can vary depending on several factors, including the type of company, the complexity of the setup, and whether or not you hire professional services. On average, company formation in Turkey costs between TRY 1,000 to TRY 5,000 (USD 50 to USD 250), excluding other associated fees.

The main costs involved in company formation include:

Notary and Registration Fees: These are necessary for official documentation and registering the business with the Turkish Trade Registry.
Capital Requirements: The capital requirement varies depending on the type of company. For a limited liability company (LLC), the minimum required capital is TRY 10,000. For a joint-stock company (JSC), it is typically higher.
Service Fees for Agents: If you hire a company formation agent in Turkey, their service fees can vary depending on the package you choose, which typically ranges from TRY 2,000 to TRY 10,000.
Other Costs: Additional costs may arise for obtaining licenses, setting up a business address, and paying for legal consultations.

Cost of Company Formation in Turkey

The cost of company formation in Turkey is relatively affordable compared to many other European and Middle Eastern countries. The total expenses involved in setting up a business will depend on the company structure, the number of partners, and whether professional services are engaged.

For example, a limited liability company (LLC) typically requires a minimum capital of TRY 10,000. However, if you use a company formation agent, you will need to factor in additional fees for their services. These services can range from document preparation to handling the legal procedures with the Trade Registry.

It’s important to remember that the initial formation cost is just one aspect of doing business in Turkey. Other ongoing costs, such as tax payments, accounting services, and employee salaries, should also be considered in your overall budget.

Formation Company in Turkey

A formation company in Turkey refers to businesses or agencies that specialize in helping individuals or organizations set up their new ventures in the country. These companies typically provide end-to-end solutions for both local and foreign investors, covering everything from legal registration to finding office spaces and offering post-formation support.

Engaging a formation company in Turkey ensures that all the processes are completed quickly and accurately. These companies understand local customs, regulations, and the practical steps involved in establishing a business in Turkey.

New Company Formation in Turkey

New company formation in Turkey follows a clear set of steps to ensure compliance with local laws. While the process may seem daunting at first, the system is designed to be accessible for both Turkish nationals and foreign investors. The steps to follow for new company formation in Turkey are:

Choosing a Business Structure: This is one of the most crucial steps. Foreigners typically opt for an LLC or JSC, with each having distinct benefits and requirements.
Registering the Company Name: The company name must be approved by the Turkish Trade Registry Office.
Drafting the Articles of Association: This is a key legal document that governs how the company will be run.
Opening a Bank Account: You’ll need to deposit the required capital into a Turkish bank account before final registration.
Final Registration: Once all documentation is in place, the company will be registered, and you can begin your operations.

While setting up a new company formation in Turkey can take time, it is streamlined and straightforward if done with the help of professionals.

How Much Does It Cost to Start a Business in Turkey?

The overall cost of starting a business in Turkey can vary depending on the nature of your business and the type of company you want to form. On average, setting up an LLC might cost between TRY 5,000 to TRY 10,000, depending on additional services such as legal advice or using a company formation agent.

For those planning on starting a more complex business like a joint-stock company, the costs can rise significantly due to the higher minimum capital requirements. However, Turkey’s business setup costs are generally competitive compared to other countries in the region.

Cost of Company Formation in Turkey with One Partner

If you’re planning to set up a company with only one partner, such as a sole proprietorship or a single-member LLC, the costs are generally lower than those for companies with multiple shareholders. In the case of a limited liability company with one partner, the minimum capital requirement remains at TRY 10,000. The overall costs, however, will depend on whether you choose to use a company formation agent or handle the registration yourself.

Hiring an agent for a single-member company formation is optional but can help ensure the process goes smoothly. Fees for agents may range from TRY 2,000 to TRY 5,000, depending on the complexity of the setup.

Can a Foreigner Set Up a Company in Turkey?

Yes, foreigners can set up a company in Turkey. In fact, Turkey is increasingly becoming a popular destination for foreign investment. There are no specific restrictions on foreign ownership, and foreigners can fully own and manage a company in Turkey.

However, there are certain legal requirements to meet, such as registering with the Turkish Trade Registry, obtaining a tax identification number, and opening a Turkish business bank account. It is advisable for foreign investors to consult a local legal advisor or company formation agent to ensure compliance with all necessary regulations.

How Do I Set Up a Limited Company in Turkey?

Setting up a limited company (LLC) in Turkey involves several key steps:

Select a Company Name: Choose a unique name for your LLC and ensure it is available for registration.
Prepare Documentation: This includes your passport or ID, proof of address, and any relevant permits or licenses.
Deposit the Required Capital: The minimum capital requirement for an LLC is TRY 10,000.
Register the Company: Submit all the necessary documents to the Turkish Trade Registry Office.
Obtain Tax and Social Security Numbers: You must register with the tax office and obtain social security numbers for employees.

The entire process can be completed in about one to two weeks if all documentation is in order.

How Long Does It Take to Set Up a Company in Turkey?

The time it takes to set up a company in Turkey typically ranges from one to three weeks. However, the exact time depends on how quickly you can gather the required documents, open a business bank account, and complete any additional legal formalities. If you hire a company formation agent, the process can be expedited.

Which Business Is Most Profitable in Turkey?

The most profitable business sectors in Turkey vary, but some of the top industries include:

Construction and Real Estate: Turkey’s booming real estate market has attracted significant foreign investment in turkey.
Tourism and Hospitality: With its rich history and cultural heritage, Turkey is a top tourist destination.
E-commerce: Online shopping has grown exponentially in Turkey in recent years.
Food and Beverage: Turkish cuisine is globally recognized, and businesses in this sector continue to thrive.

How Much Bank Balance Is Required for Turkey Business Visa?

To apply for a business visa in Turkey, you generally need to show that you have a minimum bank balance of around USD 1,500 to USD 2,000. However, this amount may vary depending on the nature of your business and your visa type. It’s important to consult with Turkish consulates or embassy staff for specific requirements.

Company Formation in Turkey with Ongur Partners

Turkey is a dynamic business hub that continues to attract foreign investors and entrepreneurs due to its strategic location, growing economy, and ease of doing business. For those looking to establish a company in Turkey, Ongur Partners stands out as a trusted firm offering expert services in company formation. This article provides an overview of the process of company formation in Turkey, focusing on the role of Ongur Partners in facilitating this journey.

Why Choose Ongur Partners for Company Formation in Turkey?

Ongur Partners is a leading firm specializing in how to open a company in turkey and legal services in Turkey. The firm offers comprehensive support to local and foreign entrepreneurs who want to establish a business in Turkey. By working with Ongur Partners, business owners gain access to professional advice and a seamless process for setting up their companies.

Some key reasons to choose Ongur Partners for company formation in Turkey include:

Expert Legal Knowledge: Ongur Partners has a deep understanding of Turkish business laws and regulations, ensuring that your company complies with all legal requirements.
Comprehensive Service: Ongur Partners offers a full range of services, from company registration and tax number applications to obtaining work permits and legal consultations.
Custom Solutions: The firm tailors its services to meet the specific needs of each client, helping businesses of all sizes and industries navigate the setup process smoothly.
Multilingual Support: As many foreign investors are involved in company formation in Turkey, Ongur Partners provides support in multiple languages, making the process accessible for non-Turkish speakers.

The Process of Company Formation in Turkey with Ongur Partners

Setting up a company in Turkey involves several steps, which can be simplified with the help of Ongur Partners. Here’s an outline of the process:

1. Choosing the Right Business Structure

The first step in company formation in Turkey is selecting the most appropriate legal structure. Foreigners often opt for a Limited Liability Company (LLC) or a Joint Stock Company (JSC). Ongur Partners helps clients assess the benefits of each option, considering factors such as the number of partners, liability concerns, and business goals.

For most small to medium-sized businesses, an LLC is the most common structure, requiring a minimum capital of TRY 10,000. Ongur Partners ensures that the company’s structure aligns with the client’s business strategy and local regulations.

2. Company Name Reservation and Approval

Once the company structure is decided, the next step is choosing a name for the business. Ongur Partners assists clients in checking the availability of the company name with the Turkish Trade Registry. The firm also handles the reservation and approval process, ensuring that the chosen name complies with Turkish legal requirements.

3. Preparation of Documents

Ongur Partners prepares all the necessary documentation for company formation, including the Articles of Association and other legal documents required for registration. These documents define the company’s operational structure, shareholder responsibilities, and capital allocation. Ongur Partners ensures that all legal documents are drafted correctly to avoid delays or complications during the registration process.

4. Bank Account Setup and Capital Deposit

For LLCs, the Turkish government requires a minimum capital investment of TRY 10,000. This capital must be deposited into a Turkish bank account before the company can be registered. Ongur Partners helps clients open a business bank account in Turkey, facilitating the deposit of capital and ensuring compliance with the necessary banking regulations.

5. Company Registration

With all documents in place and the capital deposited, Ongur Partners submits the required paperwork to the Turkish Trade Registry. The firm manages the entire registration process, ensuring that your company is legally recognized in Turkey. Once the registration is complete, the company is issued a trade registration certificate, which is essential for conducting business legally in Turkey.

6. Obtaining Tax Identification Number and Social Security Registration

Every business in Turkey needs to register for a tax identification number (TIN) with the Revenue Administration. Ongur Partners handles this registration process on behalf of the client. Additionally, if the company will have employees, Ongur Partners helps with the registration of social security and health insurance requirements with the Social Security Institution (SGK).

7. Post-Formation Services

After the company is successfully established, Ongur Partners continues to offer a range of post-formation services, including accounting, tax consulting, and legal support. These services ensure that your company stays compliant with Turkish laws and regulations while focusing on business growth.

Key Benefits of Working with Ongur Partners for Company Formation

1. Efficiency and Speed

Setting up a company in Turkey can be a time-consuming process, especially if you’re unfamiliar with the local bureaucracy. Ongur Partners streamlines the company formation process, ensuring that all necessary steps are completed efficiently and within the required timeframes. Their expertise allows them to anticipate and address potential challenges, significantly reducing the time it takes to get your business up and running.

2. Cost-Effective Services

Ongur Partners offers competitive pricing for company formation services in Turkey. While the cost of setting up a company can vary depending on the complexity of the business and the services required, Ongur Partners provides transparent pricing and helps clients minimize additional expenses. They can advise clients on the most cost-effective options while ensuring full compliance with Turkish laws.

3. Expertise in Taxation and Legal Matters

Navigating the tax system and legal requirements in Turkey can be challenging for foreign investors. Ongur Partners offers valuable guidance on how to structure your business to optimize tax liabilities and ensure compliance with local regulations. They also provide legal services to help resolve any issues related to contracts, disputes, or other legal matters.

4. Ongoing Support

The support doesn’t end after your company is formed. Ongur Partners offers ongoing services, such as bookkeeping, tax returns, auditing, and more, ensuring that your business runs smoothly. Their team of professionals is always available to assist with any legal or administrative challenges you may encounter as your business grows.

Company Formation Costs with Ongur Partners

The cost of company formation in Turkey can vary depending on various factors, including the type of business, the legal structure, and the specific services required. While the minimum capital requirement for an LLC is TRY 10,000, additional costs arise for professional services such as those provided by Ongur Partners. These costs typically cover:

Company Registration Fees: This includes government fees for registering the company with the Trade Registry.
Legal and Administrative Fees: Ongur Partners charges a fee for preparing legal documents, articles of association, and handling the registration process.
Bank Account Setup and Capital Deposit: While the bank deposit is a requirement, Ongur Partners also helps with the logistics of opening the account and depositing capital.
Post-Formation Services: These may include accounting, tax consultation, and other ongoing legal services.

Ongur Partners offers customized packages based on the needs of the client, helping you get the best value for the services you require.

Conclusion

Company formation in Turkey is a practical and accessible process, especially with the help of a reputable firm like Ongur Partners. Whether you are starting a new business or expanding your existing operations into Turkey, Ongur Partners offers the expertise, guidance, and local knowledge necessary for a successful setup. From the initial planning stages to post-formation support, Ongur Partners ensures that your company is set up quickly, legally, and efficiently, allowing you to focus on growing your business in one of the world’s most exciting markets

A GUIDE TO HIRE A LAWYER IN TURKEY

Ongur Partners Law Firm — Thu, 26 Dec 2024 09:47:39 +0000

lawyer in Turkey

Hiring a lawyer in Turkey is a crucial step both for taking preventive measures before a dispute arises and for ensuring that correct legal actions are taken to protect your rights once disputes emerge. For foreigners, understanding the Turkish legal system can be particularly challenging due to language barriers and the specialized nature of the field. This article outlines the legal requirements, processes, and key considerations when hiring a lawyer in Turkey.

Legal Requirements for Hiring a Lawyer

Under the Code of Civil Procedure (Law No. 6100) and the Attorneyship Law (Law No. 1136), there is no mandatory requirement to hire a lawyer in Turkey to file a lawsuit, become a party to a case, initiate enforcement proceedings, or perform other legal actions before courts. However, considering the complexity of legislation and the potential differences between theory and practice, working with a lawyer is strongly recommended to avoid potential loss of rights.

Additionally, in cases involving significant monetary claims or enforcement proceedings, the costs of litigation and court expenses are proportionally higher. Thus, the stakes also increase. Entrusting such matters to professionals, i.e., lawyers, minimizes the associated risks and safeguards your interests.

For foreigners, language barriers and logistical issues, such as access to courts, can present additional challenges. Collaborating with English-speaking lawyers in Turkey can help prevent potential issues and facilitate smoother processes.

Lawyer Fees and Fee Agreements

The minimum fees for legal services are determined by the Minimum Fee Tariff issued by the Turkish Bar Association. However, this tariff is not definitive, as lawyers may charge different fees depending on the scope and complexity of the services they provide. Factors such as the duration of the service, the number of professionals required to handle the matter, and the type of dispute significantly influence the fee structure.

Legal fees are primarily arranged in two ways:

Lump Sum Fee: A predetermined fixed fee agreed upon for a specific legal service or case. The lawyer is compensated for completing the task, and additional working hours or extra expenses are not included in this fee.
Hourly Fee: The lawyer charges a specified rate per hour for the services provided. The total cost depends on the time spent and the scope of the task. This type of fee arrangement is commonly used for advisory services or matters requiring extended work.

Additionally, a success fee, an additional payment contingent on winning the case, may also be negotiated. In all cases, it is imperative that the service and fee agreements are documented in writing.

Key Considerations for Choosing a Reliable Lawyer

A lawyer gains access to your personal information and handles your legal matters on your behalf. While lawyers are obligated to exercise due care in their professional duties, the breadth of the legal field means that they often specialize in particular areas. For example, some lawyers focus on arbitration, labor law, international law, commercial law, insurance law, construction law, banking and finance law, establishing a company or legal consultancy .

When deciding which lawyer to work with, you should consider their expertise in handling similar disputes, their language skills (e.g., fluency in English), and their track record of success. Evaluating these factors in advance can help you avoid potential issues later.

Conclusion

Collaborating with competent, English-speaking lawyers who specialize in areas such as arbitration or other alternative dispute resolution methods, or who can provide corporate legal consultancy services, is vital for protecting your rights and ensuring efficient legal processes in Turkey and internationally. By following the steps outlined above, you can select a trustworthy lawyer and address your legal matters with ease.

BECOMING AN ARBITRATION LAWYER: ESSENTIAL STEPS

Ongur Partners Law Firm — Tue, 24 Dec 2024 17:46:02 +0000

When legal disputes arise, parties sometimes choose to use an arbitrators to resolve their issues instead of going to court. Arbitrators are legal experts who organize confidential meetings to help one or more parties resolve their disputes without the need for court proceedings. Arbitration lawyers, on the other hand, are legal advisors who provide professional support to the parties in disputes before arbitrators. If you have good communication skills and are planning a career in law, you may find it useful to learn how to become an arbitration lawyer. This article explains the process of becoming an arbitration lawyer and highlights some of the key skills required for this profession.

Key Takeaways:

Arbitration Lawyers manage the process, represent the parties and ensure that the award is binding according to the arbitration rules, often in accordance with arbitration clauses stipulated in commercial contracts.
These lawyers offer expertise at every stage of the process, from negotiations to the presentation of evidence and the final award.
The requirements to become an arbitration lawyer vary in each country, but generally require a legal education and bar registration.

What is an Arbitration Lawyer?

An arbitration lawyer is a legal professional specializing in arbitration proceedings, which are increasingly preferred in business and private law disputes. Arbitration is an alternative dispute resolution process that aims to resolve parties’ disputes outside of the courts and in a more private setting. This process is generally known for being faster, more flexible and more responsive to the needs of the parties. Where domestic and international commercial relations are high, the role of arbitration lawyers becomes even more important.

Arbitration lawyers provide a wide range of services to their clients, from drafting arbitration agreements, managing the arbitration process and enforcing arbitral awards. These lawyers guide their clients through each stage of the arbitration process, providing strategic advice and defending their clients’ rights in the most effective manner.

An arbitration lawyer plays a critical role in drafting arbitration agreements in accordance with the law and to protect the interests of clients. In addition, lawyers provide support in the arbitration process, including representation of the parties, presentation of evidence, witness testimony and legal arguments.

The enforcement of arbitral awards is the final stage of the process and involves the recognition and enforcement of these awards by the courts. Arbitration lawyers specialize in the recognition and enforcement of arbitral awards both locally and internationally. This is particularly important for companies operating in different jurisdictions.Some primary responsibilities of an arbitration lawyer may include the following:

Advising clients about the arbitration process and their rights
Reviewing evidence, contracts, and other documentation provided by both parties
Evaluating claims and defenses to build a strong legal strategy
Preparing clients for arbitration hearings, including witness interviews and testimony
Representing clients in arbitration proceedings and advocating on their behalf
Negotiating settlements or agreements between parties to resolve disputes
Researching applicable laws, regulations, and precedents relevant to the case
Drafting and reviewing settlement agreements for legal compliance
Preparing detailed legal statements and compiling evidence for potential judicial review if arbitration outcomes are challenged

How to become an International Arbitration Lawyer?

Arbitration lawyers usually need a combination of education and experience in law. Here are a few common steps you can take if you want to become an arbitration lawyer;

Review Your Country’s Requirements

Your country has different requirements to become an arbitration lawyer, so it is worthwhile to research the specific education or experience requirements to become an arbitrator in your region. Determining what your country requires can help you better prepare for arbitration practice.

Bachelor’s Degree in Law

The minimum educational requirement to become an arbitration lawyer is usually a bachelor’s degree from a law school. While pursuing your undergraduate studies, consider taking courses that can help prepare you to become an arbitration lawyer, such as arbitration law, consumer law, ethics, psychology or public speaking.

Also, consider participating in extra-curricular activities while at university. These can help you gain some of the skills necessary to be a successful arbitration lawyer, which you can list on your CV. Extra-curricular activities related to arbitration may include debate clubs or leadership positions in student organizations.

Good Command of English

If you plan to specialize in international arbitration, you will also need to speak English as a first language. This requires you to speak and write English as well as your mother tongue.

In order to improve yourself professionally, you can participate in moot court competitions and events that allow you to use your foreign language frequently. Reading novels in a foreign language will also help you improve.

If you have a very good command of English, then we may recommend you to focus on second or even third foreign languages in order to advance in your career as an arbitration lawyer.

Pursue an Advanced Degree

Many arbitration professionals choose to pursue a master’s degree to enhance their job and earning opportunities, and most countries require a master’s degree in a field directly related to arbitration, such as dispute or conflict resolution. While in law school, consider taking electives in negotiation, settlement, cultural issues and other practical arbitration topics. A master’s degree in this area will also make you an expert in arbitration.

To become an arbitration lawyer, you need to have a good and up-to-date knowledge of the law of the country where you obtained your law degree and foreign law. Knowing the legal rules of the country where the arbitration decisions will be recognized will enable the Arbitration Lawyers to take firm steps to finalize the process. In this context, you may consider obtaining your master’s degree from foreign universities.

Get Work Experience and Training

Once you have obtained the relevant training certificates, apply for internships or entry-level jobs where you can work under the guidance of an experienced arbitrator, lawyer or businessperson. Prioritize job opportunities that will give you industry knowledge and experience in an area you want to specialize in, such as construction or finance. Watching experienced arbitration lawyers gives you a better understanding of the different specialties and the skills required.

While gaining experience, do not forget to attend training offered by national or international arbitration centers and take part in competitions to improve your skills.

Complete the Licensing and Certification Process

In order to become an arbitration lawyer, you must first register with the bar association and obtain a lawyer’s license. If you plan to specialize in a particular field, such as real estate, you may also need licenses for the relevant sector. It is important to familiarize yourself with the requirements specific to the field and country you want to work in and complete the necessary licenses and certificates.

Although not mandatory, obtaining professional certifications and becoming a member of sectoral organizations can increase your career opportunities. By joining arbitration centers or arbitration associations, you can gain access to additional educational resources, industry events, networking opportunities and job postings. Be sure to carefully review the membership and experience requirements of these organizations.

Getting Started

Once you have obtained your credentials and gained the necessary experience, you can start working as an arbitration lawyer. You can assist your clients in drafting arbitration agreements, representing them in arbitration proceedings, enforcing the award at the end of the arbitration proceedings, and conducting the necessary recognition and enforcement proceedings.

Litigation and Arbitration Lawyers

Litigation and arbitration lawyers play a crucial role in resolving disputes between individuals, businesses, and organizations. Their expertise ensures that legal conflicts are addressed effectively, whether through court trials or alternative dispute resolution methods.

Litigation lawyers, also known as trial attorneys, specialize in representing clients in court. They manage the entire litigation process, including drafting legal documents, filing lawsuits, and advocating during trials. Litigation lawyers handle a wide range of cases, such as commercial disputes, personal injury claims, and contract breaches. Their role requires strong advocacy skills, legal research expertise, and the ability to develop compelling arguments.

What Do Arbitration Lawyers Do?

Arbitration lawyers focus on resolving disputes outside the courtroom through arbitration proceedings. Arbitration is a private, less formal process where an impartial arbitrator or panel renders a binding decision. These lawyers draft arbitration agreements, represent clients in hearings, and enforce arbitral awards. Arbitration is popular in international trade, construction disputes, and investment-related conflicts.

Key Differences Between Litigation and Arbitration

While litigation is conducted in public courts, arbitration is a confidential process. Litigation often involves strict procedural rules, whereas arbitration is more flexible. Additionally, court cases can be lengthy and costly, but arbitration typically offers faster resolutions with lower costs.

Why Hire Litigation or Arbitration Lawyers?

Hiring skilled litigation or arbitration lawyers ensures that disputes are handled professionally and efficiently. They safeguard clients’ interests, provide strategic advice, and strive for favorable outcomes, whether through courtroom advocacy or private arbitration sessions.

For resolving conflicts, choosing the right legal expert—whether a litigation or arbitration lawyer—can make all the difference.

Skills For Arbitration Lawyers

The skills that arbitration lawyers need to possess include skills to improve their ability to resolve complex disputes and to best defend the rights of the parties.Common arbitration lawyer skills may include the following:
Good Communication Skills: Arbitration lawyers need to have good oral as well as written communication skills. They should also be good listeners. Arbitration lawyers with good interpersonal skills benefit both their clients and the arbitrators and third parties in arbitration proceedings.
Analytical Skills: Arbitration lawyers should have an aptitude for problem solving. They should have a good understanding of the processes and causes of problems. They should be able to easily see the whole picture. They must also be able to analyze and evaluate details correctly. Arbitration proceedings are complex and information-intensive. Lawyers should evaluate this information correctly and develop the right strategies.
Negotiation Skills: It will be advantageous in arbitration proceedings if the Arbitration Lawyers have strong representation skills in negotiating and reaching a compromise between the parties. Persuasion and negotiation skills are also important.
Research Skills: Arbitration lawyers develop legal strategies based on an accurate understanding of their clients’ needs. In this area, research is essential. The right strategy requires absorbing, understanding, managing and directing vast amounts of information.
Stress Management Skills: Arbitration is often a stressful judicial process. There can be constant tension between both clients and other parties. An arbitration lawyer must be able to manage situations and people very well.
Time Management Skills: Time is very important in the field of law. Adhering to the deadlines set out in the terms of reference and managing time well during the arbitration process is a must for a successful lawyer.
Perseverance and Patience: Patience is very important in the field of arbitration. Working with perseverance, compiling information and developing the right strategies are essential for an arbitration lawyer.
Persuasion Skills: Persuasive skills can be an important element of an arbitration lawyer not only in arbitration proceedings but also when dealing with clients.
Creativity: A successful arbitration lawyer must be creative. He or she should be able to think of unique, non-standard solutions to problems or issues.
Organizing Skills: The ability to be organized is important for the organization of both time and work.
Emotional Balance: The Arbitration Lawyer profession requires being under high stress. In addition to stress management, a good arbitration lawyer is someone who is in control of his/her emotions.
International Perspective: Understanding cultural differences and acting accordingly in international arbitration proceedings is one of the qualities that will make an arbitration lawyer successful. The ability to communicate in various languages (e.g. internationally used languages such as English, French) is important for an international arbitration lawyer.

If you want to plan your career as an arbitration lawyer, having all these qualities will make you successful and unique compared to other lawyers. Being aware of your shortcomings and improving yourself is an important condition for your success in the field of arbitration.