The first step in starting a business in Türkiye is to secure the appropriate trademarks and domain names for your company. It is critical that the trademarks you select are officially registered with the Turkish Patent and Trade Mark Office, which is typically handled by registered trade mark attorneys. When it comes to domain names, global registrars make it simple to obtain them. Specific documentation, such as a trade mark registration or application, a trade registry certificate, and so on, is required for a.com.tr domain to prove ownership of the name you wish to use.
1. Creating a Business Presence in Türkiye
You have several options when it comes to establishing a business in Türkiye. You can form a company, open a branch, or trade on your own.
1.1 Establishing a company
Establishing a legal entity is possible via joint stock companies and limited companies. In these types of companies, the financial responsibility of the partners is limited to their respective contributions to the company's capital. Forming a joint-stock company is frequently recommended. Because of the higher capital required for their establishment, such companies are also perceived as more credible.
1.2 Opening a branch
Foreign companies with share-based capital structures are permitted to establish branches in Türkiye. However, the process of opening a branch necessitates prior authorization from the Ministry of Commerce and Industry.
1.3 Trading with your own name
It is also possible to open person conducts trade on their own account and responsibility, they operate as a sole proprietor, managing all aspects of the business independently. This individual bears full liability for the business, both financially and legally, being personally accountable for all debts and obligations incurred.
2. Navigating the E-Commerce System Registration
Before beginning operations, e-commerce ventures must register with the Commerce Electronic Data System (Elektronik Ticaret Bilgi Sistemi, ETBIS). Several pieces of information are required for this registration, including your MERSIS number (ID number for legal entities), tax number, domain or application name for e-commerce, registered KEP (registered official email addresses for notifications, and more. You'll also need to describe your e-commerce model (B2B, B2C, C2C, and so on), the types of goods and services you offer, payment methods, and information about your relationships with banks, payment service providers, and logistics companies. You should also provide information about your international e-commerce activities, such as the volume and type of transactions by country.
3. High-Volume E-Commerce Licencing Requirements
A licence from the Ministry is required for e-commerce service providers with a net transaction volume of TRY 10 billion and more than 10 million transactions per year. This licence must be renewed on a regular basis, with proof of licence fee payment required during the renewal process.
This requirement was based The Turkish Constitutional Court's decision in the case of e-commerce service providers' licencing requirements emphasises the importance of striking a balance between regulatory measures and constitutional rights. The court examined various provisions of the law, focusing on the net transaction volume criteria that determine the need for obtaining and renewing an e-commerce licence. The primary argument against the licencing requirement was that it violated the principles of entrepreneurial freedom and property rights, potentially resulting in unequal competition and harming consumer protection principles. However, the court determined that these requirements did not violate these rights in an unconstitutional manner.
4. E-Commerce Businesses Must Disclose Required Information
Certain information must be made public by e-commerce businesses. The commercial name and trademarks, office address, tax identification and MERSIS numbers, contact information, and a registered KEP address for legal notifications are all included. If your company uses online marketplaces, these platforms are in charge of verifying your information. Failure to comply or update information may result in the suspension of your business activities on these platforms.
5. Payment Processing and Website Requirements
If your company has a website, it must include a privacy notice as well as terms and conditions. A user agreement aligned with the Regulation of Distance Contracts is also required if your site offers memberships. Finally, for processing customer payments, it is critical to collaborate with a licenced payment provider in Türkiye.
6. Conclusion
To summarise, starting a business in Türkiye, particularly in the e-commerce sector, entails a number of critical steps. Each phase is critical to the successful establishment and operation of your business, from securing trademarks and domain names to complying with registration and licencing requirements. Adhering to these guidelines not only strengthens your legal standing, but also increases your credibility and dependability in the eyes of customers and partners.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.