Your Guide in Turkey

ABC CONSULTANCY - 1 -

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YOUR GUIDE IN TURKEY _______________________________


ABC CONSULTANCY

Having combined my law degree and experience in the legal consultancy branch with the management and organization experience of my husband in the Netherlands, we started ABC CONSULTANCY in 2001 in Turkey. Our aim and goal with ABC CONSULTANCY is to build a team of lawyers, accountants and business consultants under one roof to give the best quality of legal and business services for all foreign entities who are not familiar with and within Turkey. Although we started with granting sworn translation services, recommendations and all kind of advices to foreigners we developed ourselves and our services to give the quality and quantity of consultancy that we were used to from the Netherlands. After joining the BAR of lawyers in 2003 we had to expand ABC CONSULTANCY and our team to a wider location. ABC CONSULTANCY has today a monopoly position in Antalya and his wide region. We are proud to be the first organization in Antalya that has started to provide legal and business consultancy services to all kind of foreigners and foreign entities. Our best competitor was and still is ourselves.

Our services are flexible and wide ranging. We like to guide and assist all our clients, stand them by to meet the challenges of doing business in ever-changing economic climate of Turkey.

ABC CONSULTANCY approach to the client relationship can be summarized in two words: Trusted Advisor. As a trusted advisor, we maintain our vendor neutrality to ensure that our clients are receiving the best solutions without being influenced by our vendor ties.

We hope this handbook will give a first guide to the foreigner who steps in the world of Turkey.

We like to thank herewith our (trainee) Rabia Aslihan for her help in realization of this guide. Av. Selma ÖREN Partner – Lawyer ABC Consultancy


Preface

This guide has been prepared by ABC CONSULTANCY to assist and guide all kind of foreigners or foreign companies who are interested in Turkey. It reflects the current law or practices in Turkey till December 2005. This guide is not intended for definitive advice, but merely as an explanatory handbook. We would strongly recommend that receivers seek professional advice before making any decisions. Furthermore, it should also be kept in mind that Turkish regulations are subject to frequent change. A more recent copy is available on ABC CONSULTANCY website: www.abc-consultancy.com/guides.

Website www.abc-consultancy.comE-mail address [email protected]

[email protected]

Address Burhanettin Onat Cad. Emrah Apt. No: 106/5 Antalya - Turkey

Telephone and Fax numbers +90 242 3125444 (Tel) +90 242 3118070 (Fax) +90 533 9857469 (GSM Fax)

Turkey / Antalya December 2005


Index

Part I Guide for Expatriates in Turkey

Preface .......................................................................................................................................................3 1 The Visa ..............................................................................................................................................7

1.1 Obtaining Visa ...............................................................................................................................7 1.2 Selection of visa ............................................................................................................................7 1.3 The passport..................................................................................................................................9

2 Permits ................................................................................................................................................9 2.1.1 Residence permit ..................................................................................................................9 2.1.2 The work permit ..................................................................................................................10

3 The Turkish nationality ......................................................................................................................12 4 Real estate ........................................................................................................................................13

4.1 Buying Real Estates ....................................................................................................................13 Obtaining the “Title of Deed” .............................................................................................................13 The Public Notary..............................................................................................................................14 Power of Attorneys ............................................................................................................................14

4.2 Land to build on ...........................................................................................................................14 Joint ownership .................................................................................................................................14 Development plans............................................................................................................................14 Iskan 14

4.3 Apartments ..................................................................................................................................15 The Union of Apartment owners .......................................................................................................15 Maintenance man / doorkeeper ........................................................................................................15 Contribution payment ........................................................................................................................15

4.4 Cooperative society .....................................................................................................................15 4.5 Payments.....................................................................................................................................16 4.6 Selling real estate ........................................................................................................................16 4.7 Renting real estate ......................................................................................................................16 4.8 Electricity & water ........................................................................................................................17

5 Consumer Protection Rights .............................................................................................................18 5.1 Rights and Limitations .................................................................................................................18 5.2 Complaint and Appeal .................................................................................................................18

6 Customs Duties .................................................................................................................................19 7 Cars ...................................................................................................................................................20

7.1 Import of cars...............................................................................................................................20 7.2 Buying Cars .................................................................................................................................20

New car 20 Second hand car ...............................................................................................................................21

7.3 Selling Cars .................................................................................................................................21 7.4 Restrictions of a ‘blue license plate’ ............................................................................................21 7.5 Renting a car ...............................................................................................................................21 7.6 Car Insurances ............................................................................................................................22 7.7 Other Issues ................................................................................................................................22

8 Bank & Finance .................................................................................................................................24 9 Marriage & Family issues..................................................................................................................25

9.1 Marriage ......................................................................................................................................25 9.2 Consummation of Marriage .........................................................................................................25 9.3 Divorcement ................................................................................................................................26

Children and Guardianship ...............................................................................................................26 Alimony regarding children................................................................................................................26 Indemnity...........................................................................................................................................26 Enforcement of the Turkish decision.................................................................................................27

9.4 Family Protection law ..................................................................................................................27 9.5 Other Issues related to Children..................................................................................................27


Adoption 27 10 General Legal Advice ..................................................................................................................28

Apostille stamp..................................................................................................................................28 Interrogation ......................................................................................................................................28 To lodge a complaint .........................................................................................................................28

11 Law of Succession.......................................................................................................................29 International testaments are valid in Turkey provided that they have been concluded in accordance to the National Law of the foreigner. ............................................................................................................29 12 Labor relations & Social security .................................................................................................31

12.1 Working employee ..................................................................................................................31 12.2 Social security – SSK - Bağkur ...............................................................................................31

SSK 31 Bağ-kur 31

12.3 Labor laws ...............................................................................................................................32 Employment contract.........................................................................................................................32 Notification period for termination of contract ...................................................................................32 Annual vacation.................................................................................................................................32

13 Doing Business............................................................................................................................34 13.1 Limited liability companies (LTD.) ...........................................................................................34 13.2 Joint Stock (A.S.) ....................................................................................................................34 13.3 Other business entities............................................................................................................35

Partnership (Unlimited) Company.....................................................................................................35 Limited partnership (Commandite Company) ...................................................................................35 Registered partnership ......................................................................................................................36 Partnership partially limited by shares ..............................................................................................36 Liaison offices....................................................................................................................................36 Joint venture......................................................................................................................................36

14 Tax issues in Turkey....................................................................................................................38 14.1 Income tax...............................................................................................................................38 14.2 Tax on expenditure .................................................................................................................39 14.3 Stamp duty ..............................................................................................................................40 14.4 Tax on enrichment ..................................................................................................................40 14.5 Double tax agreements ...........................................................................................................41

15 Investment incentives ..................................................................................................................42 Underdeveloped areas......................................................................................................................42 Free Trade Zones..............................................................................................................................42

Vocabulary................................................................................................................................................44 Index .........................................................................................................................................................48 Appendix A Addresses of ministries in Turkey ..................................................................................49 Appendix B Countries with reciprocity ...............................................................................................50 Appendix C “Tapu” example .............................................................................................................51 Appendix D Social security agreements ............................................................................................51 Appendix D Social security agreements ............................................................................................52 Appendix E Countries for which visa is not required .........................................................................53 Appendix F Treaties on the prevention of double taxation ................................................................54 Appendix G Foreign banks in Turkey.................................................................................................55 Appendix H Turkish banks abroad.....................................................................................................56 Appendix I Trade Commissions and businessmen associations.........................................................58 Appendix J Foreign embassies in Turkey .........................................................................................61 Appendix K Foreign consulates in Turkey .........................................................................................63 Appendix L Turkish consulates abroad ............................................................................................65 Appendix M Turkish embassies abroad .............................................................................................67 Appendix N Useful internet sites ........................................................................................................71 Appendix O Real Estate expertise of ABC CONSULTANCY ............................................................73 Appendix Q Copyright ........................................................................................................................74


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PART I LIVING AND WORKING IN TURKEY

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1 The Visa

Regardless of your purpose to Turkey, you have to obtain a visa in order to enter this country, unless the visa is not required due to legislation or mutual agreements. The kind of visa to enter the borders of Turkey is depending on your nationality and on your personal reasons, like scholarship, vacation, working, passing through, etc. This and the following chapter enclose the necessary information about the visa requirements and permits which are the bases for your stay in Turkey.

1.1 Obtaining Visa There are four kinds of entry visas for Turkey:

• Multiple entry visa: This type of visa grants the right of multiple entry for a period of three, six or twelve months.

• Single entry visa: this type of visa is valid for one year from the date of issue and grants the

right of one entry. • Return visa: when leaving Turkey you have the choice to obtain a return visa before your

depart. This visa is valid for one year from the date of your departure from Turkey. • Transit visa: This type of visa grants the right to pass through Turkey on the way to another

country. This visa has to be used within three months of the date of issue. The most common visas are the tourist/business visa, education visa and the work visa. You can obtain a visa at the Turkish Consular Office in your own country or at the borders of Turkey (like the Airport or the Customs). However, due to the existence of mutual agreements between Turkey and foreign countries, some citizens of these countries can enter Turkey without obtaining a visa. In these situations the foreigners belonging to these countries are exempted from the visa fee or do not require a visa. (See appendix E)

Also immigrants who come with the permission of the government, foreign ship’s crew, international land and air transportation civil servant/personnel and refugees are exempted to enter Turkey without a visa. You will risk a heavy money-fine/penalty and directly removal from Turkey if you stay without a valid visa in Turkey. (See also http://www.egm.gov.tr/hizmet.yabancilar.vize.asp, only available in Turkish)

1.2 Selection of visa The tourist/business visaThe tourist visa is a multiple entry visa which grants the right of multiple entry of Turkey. This visa remains valid for one year after receiving it; during this period you can leave and enter Turkey as much as you wish. However after it has been expired you have to leave the country. If you have a tourist visa you do not require a residence permit, unless you will stay longer than the duration of your visa.


Education visaApplications for the education visa can not be submitted from within Turkey. You have to obtain the visa at the local Turkish Consular Offices in your own country. The education visa will be affixed to your passport before you leave to Turkey. Without an education visa you will not be allowed to study in Turkey. Regardless of the degree of the education, you have to obtain an education visa for the period of study in Turkey, unless the following situations are applicable:

• You have followed successfully a secondary education and/or an university and you want to extend your study in Turkey (by following a post graduate education or a master education) with an earlier education permit, provided the start of the date of the second education in less then one year,

• You are a child whose parents are in the possession of a living and/or work permit; • You are applying for the examination for foreigners (YÖS) to go to a post graduate education.

If your spouse and / or children will accompany you, their applications also have to be submitted at the same time as the application of yours. Besides having the education visa you need also to obtain a residence permit. You can obtain the residence permit by applying to the local Police Department in the place where you will study, within 15 days after your arrival in Turkey. Do not forget to bring all the documents for your study with you and bear in mind that the application has to be done within one month. It is possible that you have to extend your residence permit during your study. (See also http://www.egm.gov.tr/hizmet.yabancilar.ogrenci.asp, only available in Turkish) ABC reminder: You are not allowed to work during your study period in Turkey. The Turkish legal provisions prohibit your working during the education.

The work visaIf you have the intention to work in Turkey you need to apply for a work visa in order to obtain a work permit. Without a work visa (and workpermit) you will not be allowed to work in Turkey. If you live abroad Turkey you should make your work visa application through the local Turkish Consular Offices in your own country at least six weeks in advance. The Turkish Consular will forward the application to the Minister of Labor and Social Security for an outcome, in order to have a work permit. It is also possible to obtain a work visa within Turkey. If you have a valid residence permit on the basis of any kind of visa except education visa for at least six months and a work permit granted by the Ministry of Labor and Social Security, you can also apply for a work visa directly to the Ministry. The Ministry of Labor and Social security has to evaluate and conclude the application within ninety days. Besides having a work visa and a work permit you need also to obtain a residence permit. You can obtain the residence permit by applying to the local Police Department in the place where you will work and live, within 30 days after your arrival in Turkey. It is possible that you have to extend your residence permit during your stay in Turkey. ABC advice: Working in Turkey means obtaining a work visa, a work permit and a residence permit. (See for the permits chapter 2 or www.csgb.gov.tr)


1.3 The passport Entering the country without a valid passport is not possible, unless you have the permission of the Turkish Police Department there for. By lost of your passport you can contact the nearest embassy or consulate of your own country. They will be able to help you obtaining a periodical/emergency passport in order to leave Turkey. Depending on the circumstances of the illegal stay in Turkey the local civil service will appoint for you a place to stay until the lost of the passport has been investigated. The investigation will be held by the Ministry of Internal affaires. (see www.icisleri.gov.tr)

ABC advice: Keep always a copy of your passport and the official report of the Turkish police which confirms the lost or robbery of your passport.

2 Permits

2.1.1 Residence permit According to the Turkish regulations, the application for a residence permit should be made personally at the local Police Department of Foreigners. When the residence permit expires you should apply to the same authorities within 15 days in order to extend it. You have to also notify the Police Department within 15 days of all the changes in your marital status. Do not forget to have the details registered in your residence permit. If you loose your residence permit you have to inform the local Police Department of Foreigners immediately and obtain the new one. Residence Permit by workingIf you have obtained your work permit you are also obliged to have a residence permit, within one month of your arrival date to the country. Related to the period of working, you will obtain working commentary residence permits for a maximum of five years period. With the view of the Ministry of Foreign Affaires the Ministry of Interior can expire or shorten this period. You must receive your work permit before starting with your work. Residence Permit by educationAlso student foreigners who are in the possession of an education visa are obliged to obtain a residence permit for their period of study. You have to apply within 15 days after the arrival in Turkey. Do not forget to bring all the documents for your study with you and bear in mind that the application has to be done within one month. Residence Permit by owning or renting a houseIf you are the legal owner of a house or if you do rent a house you can obtain a residence permit on the condition of the existence of reciprocal agreement between the countries. (See appendix B for the countries with the mutual agreement) For the application of the residence permit you need to show your property title “the Tapu” or your house rent contract, which rent period is not lesser than 6 months. When your permit expires you should apply to the authorities within 15 days in order to extend it. Permit by marryingIt is also possible to obtain a residence permit by marrying a Turkish citizen. Do not forget to bring with you your marriage certificate. (See also www.iem.gov.tr, only available in Turkish)

ABC advice: Without a residence permit, you are not allowed to import your personal belongings into Turkey.


2.1.2 The work permit Types of work permit There are four types of work permits;

• Limited work permit • Unlimited work permit • Independent work permit • Permit based on exception

Limited work permitUnless provided otherwise in bilateral or multilateral agreements of which Turkey is a part of, you are initially entitled to apply for utmost one year work permit. The duration of the permit could be extended at the end of the one year period up to three years under the condition that you continue to work for the same employer. After the period of three years the work permit could be extended for six years for a job in the same work field, without the condition that you work for the same employer. This permit can be granted to the spouse and children once they have lived legally and continuously for five years in Turkey. Unlimited work permitAn unlimited work permit can be granted for an indefinite period of time, under the condition that you have lived legally and continuously for more than eight years and worked for more than six years in total in Turkey. This work permit allows to work without any specific type of undertaking, professionals, and regional limitation. Independent work permitAn independent work permit could be granted under the condition that you have lived legally and continuously for more than five years in Turkey. An independent worker is defined as a foreigner who works for him or herself even if he/she employs others. ExceptionThe Turkish legislation provides the possibility that some foreigners are excluded from the above described work permits, like EU member state nationalities. If you are an EU member state nationality, you can get a ‘general’ or ‘independent’ work permit without any time limitation. Even your spouse and children (regardless of their EU or non EU origin) can obtain a work permit. The time limit restriction will not be applied. We like to refer you to the law of working expatriates regarding other exception possibilities. The applicationThe general rule is that you have to apply for a work permit at the local Turkish Consular Office in your own country, at the same time with applying for the work visa. Under some conditions you can apply for the work permit within Turkey, directly to the Ministry of Labor and Social Security.

Head rule: Application in your own country You can apply for a work permit to the nearest Turkish Consular Office, under the condition that you or your employer have send the required documents mentioned at www.csgb.gov.tr within three days to the Minister of Labor and Social Security. The Department of the Ministry will determine his decision of approval on the views of the concerned authorities. The decision of the Department should be announced within 90 days conform the existing legislation. The practice is different. After receiving the work permit it is necessary to appeal for an entry visa within 90 days counting of the day of receiving the work permit. After entering Turkey you have also to obtain a residence permit at the local Police Department of Foreigners.


Exception: Application within Turkey The existing legislation offers the possibility to apply for a work permit within Turkey under the condition that you are in the possession of a residence permit on the basis of any kind of visa (except education visa) for at least six months and that you have obtained the requested work permit during the same period of the validity of your residence permit. (See also http://www.egm.gov.tr/hizmet.yabancilar.calisma.asp, only available in Turkish or www.calisma.gov.tr in English)

ABC Advice: There are consulting offices who can obtain your work permit for you. We would recommend you to assign them to take care of your work permit. It could save you a lot of time!


3 The Turkish nationality

Obtaining the Turkish nationality is possible by birth, by marriage or by the Law. By birth: If you are born or adopted within the borders of Turkey or if you are born outside the borders of Turkey, but have at least one Turkish parent.

By marriage: You can also obtain the Turkish nationality by marrying a Turkish citizen, under the condition that you stay married for at least three years. Only if you lose your own nationality by marrying a Turkish citizen, you can obtain the Turkish nationality direct after the marriage. You can apply to the local Police Department of Foreigners here for.

By Law: You can apply for the Turkish nationality at the Turkish Consulate of your country or, if you are in Turkey to the Ministry of Consul. According to the Turkish nationalization law you need to have fulfilled the conditions as described below:

• To be of age 18 ; • To have residence for at least five years in Turkey, without being less than six months abroad in

five years time; • Having indications to settle in Turkey, like working in Turkey, marrying in Turkey, making capital

investments etc; • Having a good behavior; • Having a good health; • To have the knowledge of the Turkish language, at least to express yourself and to understand

what is said; • To take care and maintain yourself and your family.

ABC comment: Fulfilling the conditions ‘by law’ do not always mean that you will obtain the Turkish nationality! It depends on the point of view of the Ministry of Consul if the governments’ sovereign rights are accepted or not.


4 Real estate

Increasingly foreigners are more and more interested in purchasing real estate property in Turkey. This is not surprisingly, if you look at the reasons: a very popular holiday destination, fast growing economy, stable market, growing foreign investments, reasonable real estate prices, etc. Although this chapter should give you the necessary information about the Turkish legislation regarding buying and selling of real estates, it does not. The reason is that the existing Law (article 35 of the Tapu Law) has been cancelled by the Turkish Highest Court in April 2005. Although the Highest Court has given the legislative Government a time of 3 months to bring a new substitute Law in force, they did not had the possibility to do so until now. However, there is a draft version of the substitute Law on the moment of printing of this handbook. We like to refer you to our website www.abc-consultancy.com for the necessary information about the draft. Although the new law is in preparation, it is expected that the old procedure of obtaining the Title of Deed (the Tapu) will be the same. That is the reason that we have paid attention to the ‘old’ procedure in the first paragraph. The new law is expected to come into force in the beginning of 2006. Furthermore, the chapter gives you the necessary information about buying and selling at the Tapu, the possibilities at the Public Notary, renting of houses, right and obligations regarding apartments, cooperative houses and much more.

4.1 Buying Real Estates

Obtaining the “Title of Deed” If a foreigner may buy a real estate in the boundaries of Turkey is depending on the condition if there is reciprocity between Turkey and the country of the foreign buyer. Turkey has with the most of the West European Countries a reciprocity agreement. (See appendix B for the countries)

Although in the most of the West European countries the Public Notary is the authorized person who transfers the Title of Deed of a real estate, in Turkey the authorized person is the civil servant at the Land Registry Office (the Tapu office). In order to obtain the so called ‘TAPU’ (the Deed) the buyer and seller in person or their representatives acting by a Power of Attorney has to undersign the sales agreement in front of the civil servant of the Tapu office. If you are foreigner you need a certified translator with you. (See appendix C for a “Tapu” example

Every sales agreement or provisional agreement or reserve agreements made outside the Tapu office is void. Unfortunately these agreements are not legally binding and therefore not enforceable. You just may use this kind of contracts and agreements as evidence in a debt recovery case. Be aware also of the fact that you will not be protected by the Law regarding third parties who have bought the real estate at the Tapu before you, although you had an earlier sales contract with the owner or the real estate agent. Before you may undersign the contract at the Tapu office, a written permission of the Ministry of Defense is required. The Ministry of Defense investigates if the purchased real estate is in the neighborhood of a military base. Turkish and foreign citizens are prohibited to buy a house in the first area of a military base. The buyer or seller (or his real estate agent) may apply for this permission at the Tapu office. The duration of this permission can take at least 3-5 months. At the end of this investigation it is possible that you are not allowed to buy a house in Turkey according to the Ministry of Defense. Therefore, it is not advisable to pay purchase amounts in advance.


A lot of foreign buyers have been mislead by real estate agencies / owners who have applied together for this permission, to make the buyer believe that he is already signed in the register as the owner of the real estate. The request is the first step for the title of deed of the real estate, but it is definitely not the Title of Deed (the “Tapu”) himself! It is possible that in the meanwhile of waiting for the permission the property owner / real estate agency sells his property to someone else. This third party in good faith is not obliged to be a ware of your purchase.

The Public Notary As here above explained you do not have the possibility to conclude an effective and valid sales contract in front of the Notary. But you have the possibility to conclude a ‘promise to sell’ contract, which obliges the parties to sell and buy the real estate following to the provisions as stated in the contract. This notarized contract has two important issues, that if you do not fulfill these issues the contract has no value at all:

o You have to mention the total purchase amount o You have to let the contract registered at the Land Registry Office in order to have protection to

third parties.

Power of Attorneys Although the power of attorney is a common practice for buying and selling real estates, you should be much more careful by granting these powerful documents. It is advisable to have a good certified translator with you at the Notary, who is authorized to grant these powers. Furthermore, grant the power just for buying on your name or limit the power in time. Do not take everything granted what the real estate agent or translator tells you. It is also possible to discharge someone later for the given powers through a Public Notary. It is necessary to have a copy of the power of attorney document to do so. ABC advice: It is recommended to investigate the object on legal restrictions before you buy and pay anything in advance. ABC as a real-state expertise can helpful you fulfilling this investigation. (See appendix O)

4.2 Land to build on

Joint ownership Another issue to be careful of with buying real estate is the fact that you could be confronted with joint ownership in great plots of land. They share together one Tapu, but their share part may be transferred independently to the buyer.

Development plans Before you buy a house in building from a constructor or a piece of land from a real estate agent to build on, you should investigate the development plan and the building permit in order to know if your plans with the real estate are legitimate. The building permit on the other could be important to receive the Iskan (living permit) of the building. The Iskan is the permit given by the Municipality in order to receive the utility facilities, like water, electricity and telephone.

Iskan The Iskan means actually domiciliation permit in order to receive the normal utility facilities, like water, electricity and telephone. You have two kinds of Iskan given by the Municipality: the general Iskan and the private Iskan. The General Iskan is received by the constructor from the Municipality when the building permit and all other obligations of the constructor have been fulfilled according to the development plan. Hereafter the owner of the house may apply to the Municipality to get his private Iskan for the house/apartment that


he bought. You can apply with this document to have water, electricity subscription. (See paragraph 4.8) ABC advice: It is recommended to investigate the object on legal restrictions before you buy and pay anything in advance. ABC as a real-state expertise can helpful you fulfilling this investigation. (See appendix O)

4.3 Apartments

If you live in an apartment (vertical working) or houses within a “site” (couple of villas together in a villa park-horizontal working) you are submitted to the Apartment Law. Most of the apartment buildings or sites have common places like a garden, a swimming pool, the roof, stairs which need maintenance. The Apartment Law prescribes what your rights and obligations are as an owner or renter of an apartment.

The Union of Apartment owners Every apartment building with more than 4 floors must set up a union of apartment owners. The union will have at least a president and a vice-president to undertake the necessary actions for the general maintenance of the building and protect the rights of the owners. The union is obliged to have a general meeting once a year. All the decisions of the general meeting have to be written in the decision book (‘karar defteri’) of the apartment building. The decisions will be taken in majority, unless the Law has provided different. For each apartment that you own, you have one vote. However, you may not have more than 1/3 of the votes, no matter how much floors you own. Also renters of an apartment in the building have a vote.

Maintenance man / doorkeeper Most of the buildings have a doorkeeper living in the building who is responsible for the maintenance of the common places of the building, like the elevator, stairs, swimming pool, and garden. The union of apartments is statutory obliged to pay the social security (SSK, see for more details chapter 12) of the doorkeeper.

Contribution payment Due to the services of the doorkeeper, the maintenance of the building as well as the swimming pool or garden or common use of heating, every apartment building has contribution payment. The height of this payment can change from one apartment to another. The Union of Apartments decides the height of the payments every year during the general annual meeting. Not using a common place does not exclude you not to pay the contribution. The Union of Apartment owners have the right to open a debt collecting case to an apartment owner or renter when he does not pay his contribution on time.

4.4 Cooperative society

The aim of building cooperative societies is to develop and build low budget houses with the collective contribution payments in terms for his members. All of the members constitute the general assembly and chooses the board of managers and book controllers. The assembly gathers once in a year in order to take the necessary decisions. Provided that the statutes of the cooperative do not have cohesive restrictions regarding foreigners you can join as a member the cooperative, but bear in mind that a person with a foreign nationality is not allowed (cohesive law) to be elected as a manager or book controller of a cooperative. This can be very annoying when you are confronted with mismanagement. Although it could be attractive to join a cooperative in order to become a house owner, the membership of a cooperative has his disadvantages that you have to be a ware of.


The practice shows that: • there are always members in the cooperative that will not pay (on time) their membership

fee/contribution, which will lead to cash flow problems and slowing down of the realization of the buildings;

• that the eventual contribution that the member pays is a multiple of the amount which as a lure

is initially represented. The initial money is reflected in Turkish Lira’s. The most of the members are extremely disillusioned because of the inflation and the mostly slowed down construction and “disappearing” money because of the mismanagement.

• because of the cash flow problems, there are always internal quarrel on the general meeting of

the members

• it takes years before the buildings are finished and delivered.

4.5 Payments

We would like to advise you to use a bank account for any payments to third parties in order that you have a piece of small evidence of payment. We recommend also that you transfer the purchase amount to the owner and not to an (real estate) agent and do not forget to mention the specifications of the purchase or the reason of the transfer in details to exclude any misunderstanding.

4.6 Selling real estate

The procedure regarding the selling of a real estate is the same as buying a real estate. The Title of Deed transfer has to be done in front of the land register officer (Title of Deed - “Tapu” register). According to the current law, the seller of the real estate, who sells his real estate within four years starting from the date of buying, is obliged to pay income tax over the profit that gained from the sell over a limited amount that changes every year. Ask your Municipality about it.

4.7 Renting real estate

You are able to rent a house by making a rent contract with the landlord. Parties are free to agree about the rent conditions, provided that the cohesive provisions of the Turkish Code of Obligation will be taken into account. It is common in practice that parties use the standard contract forms here for, which can be bought at the stationer’s. It is not allowed to rent a house in the forbidden military zone, unless you have permission there for from the Council of Ministry. If you rent a real estate for a long term it would be advisable to let the agreement registered at the Land Register office (the Tapu office), in order that you are protected to the actions of third parties. To do the registration at the Tapu, you need to have the written consent of the landlord. You have to pay brokerage commission if you rent a real estate through an agent. It is advised to agree (written) brokerage commission in advance. Just some items to remember before singing a rent contract:

• Check if the landlord is the property owner according to the “Tapu”, or has a valid proxy to undersign any rent agreement on behalf of the owner(s);

• Think about a notice term if you agree for a longer term than one year. If you do not agree about a notice term you cannot terminate the contract before the end of the contract without paying indemnity;

• Be carefully of undersigning any ‘blank’ document, or ‘early evacuate’ conditions;


• Check if the electricity, water bill and the apartment contribution has been paid by the former renter;

• Check with the landlord if the real estate has both of the Iskan (see paragraph%%%%) in order to have subscription for the normal electricity and water in stead of the expensive construction electricity;

• Negotiate about the conditions of advance payments, terms of payment, guarantee payments, and embody the conditions in the agreement

• Read carefully all other special stipulations of the contract; have an independent translator with you!

ABC notice: ABC CONSULTANCY as real-estate expert can guide and stand you by every kind of agreements. (See appendix O)

4.8 Electricity & waterAccording to the new regulation that has been put into force in January 2005 it is not possible anymore to obtain water and electricity subscriptions for your house without that the real estate has an individual ISKAN (living permit). With this new regulation the Government strives after to decrease the illegal build real estates. You can obtain the Iskan at the local municipality in whose territory the real estate is located. The supplier of water is the local Municipality. Electricity is being supplied through a local electricity company. If you obtain or rent a new built house, you need besides the water and electricity subscription a connection to your house. The electricity firm or Municipality will charge a small amount for this connection. The most of the existing buildings have already a subscription for the public supplies. In this situation it is imported to control if the former house owner/ renter have paid his bills or not. Electricity, water and telephone bill will be invoiced per month. You can pay the invoice directly in cash to the supplier or through a bank assignment. If you do not pay the bill on time, the subscription of the public supplies will be disconnected immediately. The interest of a delayed invoice is very high. It is advisable to register public supplies such as water and electricity on the name of the renter.


5 Consumer Protection Rights

As a foreigner you have the same consumer protection rights as any other Turkish citizen. The Consumer Protection Law is applicable to any kind of movable goods (like jewelry, carpets, cars) that has been bought to consume it. This chapter describes in headlines the rights and obligations of a consumer regarding bad bargains, and defect products, and what kind of actions he can undertake.

5.1 Rights and Limitations

You are able as consumer to return your purchase within 30 days without giving any reason of returning to the seller (manufacturer or producer or supplier or agency or importer) provided that you did not use the product and you have the receipt. The seller is obliged to return the purchase amount. He cannot restrict this ‘30 day right’, even not with signs or notice boards hanged in his shop telling ‘no money return’. Depending on the existence of a guarantee agreement you are able to bring your defect product after 30 days. Most of the electrical products have a guarantee document (the agreement) inside the package. It is very important to let these guarantee documents undersigned by your seller during or after the purchase. Restricted to the circumstances of the defect product the Law provides different kind of rights like the reparation of the defect, change the defect product with a non-defect one or even restitute the purchase amount, provided that you did not exceed the term of limitations mentioned in the Law. The term of limitations various from one till three years. For example: If the defect product has been several times in reparation for the same problem for at least 30 days in total, the seller is obliged to change it with a new one or to return the purchase amount to you. You are able to ask for indemnity of the manufacturer-producer, if you have damages caused by the defect product. Naturally the Law is not applicable to your situation, if you knew of the defect of the product.

5.2 Complaint and Appeal

You are able to take legal steps by applying to the Consumer Courts of Justice (or the Court of Commerce) provided that the value of the case exceeds the amount of 500 YTL. There are no legal costs charged for opening such a case. Besides the Consumer Courts of Justice you have the possibility to make a complaint or put a claim to the Consumer Protection Commission regarding your bad bargain or defect product. All cases beneath the 500YTL are under the competence of this Commission. These Commissions have been set up to investigate every kind of issues concerning defect products. You will find in all most every city with a Chamber of Commerce a Consumer Protection Commission. The decisions of the Commission are binding upon parties.


6 Customs Duties Head rule: Shipping of household goods and personal effects into Turkey is subject of customs regulations. All goods that enter Turkey have to be declared, unless you are official personnel of foreign government or personnel for specific duties based on mutual international agreements. They are exempt of the customs duties. You may enjoy this privilege likewise on condition that you stay for a minimum of two years. Household goods imported in this way must be owned by the expatriate and have been in possession for at least six months. Some goods are exempted from customs duties, like goods with a total value of under 100 euro, used household belongings of individuals, dowry of individuals by marrying a Turkish resident, personal goods acquired by inheritance, scholastic materials of foreign students coming to Turkey to study, motor vehicles or vehicles used for private road transportation, which are not more than three years old at the date of their purchase, and owned by individuals who have transferred their legal residence to the Customs Territory of Turkey. It is illegal to export antiquities and the penalty for this can be severe. Real antiquities may only be exported with a certificate from the Museum Directorate. It is advisable to check on this point before exporting any antique carpets or similar items which may be apprehended as antiquities at customs. A certificate may be obtained for certain items, e.g. imitations, confirming that they are not antique and in any case a receipt should be obtained from the seller.

ABC Advise: The Turkish customs legislation is complicated and subject to frequent changes. It is therefore advisable to employ a customs agent at the boarder or employ an international operating removable firms or contractors for bringing in your household goods.


7 Cars

This chapter is about buying, selling, importing cars and herewith other related issues. The term car implies automobiles, trailers and caravans that are attached to automobiles and jeeps.

7.1 Import of cars

You are allowed to bring in your private car into Turkey temporarily without paying any customs or import taxes. Land, sea and air transport vehicles other than automobiles, minibuses caravans and motorcycles are subject to normal import procedures on condition that a foreign exchange permit is presented and the usual customs duties and charges are levied. In order to benefit from the temporary exemption regime you should give a guarantee to obtain a ‘Temporary Driver’s License no II’ (triptique) from TURING; the Turkish Touring and Automobile Union which institution makes import of cars possible (See www.turing.org.tr).

The car with the foreign registration plate will be registered in your passport for the period of your stay in accordance of your visa. During this period you can leave the country (for example to the Greek islands) under the condition that you leave the car behind at the nearest Customs or take it with you. You will be subject to severe money penalties if you do not take out the car out of the country before your visa exceeds. The ‘blue license plate’

It is also possible that you bring in your car into Turkey in order to obtain a ‘blue license plate’ (a Turkish registration plate), although the color of the plate is no longer blue. You are able to apply for a Turkish registration plate (the so called MA/MZ plate) at the TURING under the fulfillment of some conditions, like having a working permit, paying deposit or giving a bank guarantee letter. The deposit amount depends on what kind of mark the car has and which year the car is built.

• Working persons Foreigners with a working permit are able to import their car tax free, under the provision that a bank guarantee or deposit has been paid. This payment will be refund back to them when they take the car out of the country again.

• Retired persons As a non-employed person you are able to import a car tax free under the condition that you have a living permit and fulfilled other conditions like paying the deposit of the car. This sum will be refund to you when you take the car out of the country. You should consider the fact that you are obliged to leave the car at the Customs when you leave Turkey. This can be very annoying in practice.

• Students Also student can import their personal car into Turkey tax free under the condition that they pay the bank guarantee or deposit, which will be returned back to them when they leave the country with the car again. Also in this situation, the car has to be left at the Customs when the person leaves Turkey for traveling.

7.2 Buying Cars

New car If you do not import a car, you still have the possibility to buy a car at a car dealer with or without paying tax. In both of the situation the car dealer will handle with the necessary bureaucracy at the TURING regarding the transfer of the car on your name and the ‘blue license plate’.


Second hand car If you buy a secondhand car in Turkey you have to conclude a purchase agreement with the seller at a local public notary. This purchase agreement has to be registered at the Vehicle Registration Department of the local Police Centre (the so called ‘Trafik’) in order to register the ownership of the car on your name. Every kind of purchase contract without the intervention of a notary is void. Also a secondhand car will have a MA/MZ registration plate. Because of the fact that this second hand car has been bought under the payment of the necessary tax through the former owner, you will not have to deal with TURING.

7.3 Selling Cars

The selling of a ‘blue license plate’ car (which is imported or bought without tax payment) can only be concluded at the Consulate of the country of which seller is citizen of. Sales transactions concluded at Turkish Consulates are not accepted by TURING. You can sell this kind of cars only to foreigners who do not have any restriction. We like to refer you to the following paragraph. Selling ‘blue license plate car’ which is imported or bought with the necessary tax payment can be transferred through the local Turkish public notary. This agreement has to be registered at the Vehicle Registration Department of the local Police Centre in order to register the ownership of the car on your name.

7.4 Restrictions of a ‘blue license plate’

You should consider the following facts before you buy a car with a MA/MZ registration plate that has been imported or bought without tax payment:

• Selling of a MA/MZ registration plate car is only possible to another foreigner;

• A Turkish legal entity (company) cannot own a car with a MA/MZ registration plate, even if the shareholders or general manager has a foreign nationality;

• Turkish citizens with more nationalities are not allowed to buy or own MA/MZ registration plates;

• Foreign nationality married to a Turkish citizen is not allowed to buy or have a MA/MZ

registration plate; • Driving a car with a MA/MZ registration plate is restricted to the owner and his nearest family; It

is not allowed to be used by third parties or organizations.

• Nowadays it is not possible anymore to give someone else a power of attorney to sell your car; you are obliged to sell it yourself or to deliver it to the Customs.

• The selling of the car can only be done at the Consulate of the country that you are citizen of.

7.5 Renting a car

The procedure of renting a car in Turkey will be similar to any other renting procedure in West-European countries. Some ABC reminders regarding renting a car in Turkey:


• Hire a car from a known “Rent a car company” and conclude always a written renting contract about all the issues that you have agreed with the renter. Even if you make any deals through the internet.

• Check the car for any existing damages before you rent it. If there are any damages have them

noted in the agreement. This will prevent you to be liable for existing damages. • Verify the current dealer regarding the speed limit possibilities on the Turkish highways.

• Be sure that the car has all risk insurance for both of the parties. Every Rent a car company

operates with different insurance policies. Keep in mind to read the small letters!

7.6 Car Insurances

Third Party InsuranceAccording to the Traffic law every car owner is obliged to conclude a legally Third Party Insurance. This insurance will only cover the damages of the third-party which has been caused by your car. Not concluding ‘Third party Insurance’ will be punished by money-fines. Casco InsuranceThe Casco insurance is a voluntary insurance that you can conclude with any assurance company in Turkey. The insurance policies and also the rates can vary form company to company. It is advisable to ask different assurance companies for proposals. Some insurance policies have limited their insurance payments to the driver and his family. The insurance companies do not refund any insured sum when the incident has been caused by another person than the driver! ABC Reminder: Read the ‘small letters’ carefully before you undersign any insurance policy and especially not if it is not in your own language

7.7 Other Issues Driving License RequirementsYou must have an international driving license in order to drive a vehicle in Turkey. Such licenses are issued on the basis of bilateral or multilateral international agreements. Drunk DrivingAny driver, found guilty of driving under the influence of drugs or alcohol, may lose his driving license immediately. The penalty involved for driving under the influence of alcohol may vary from revoking the license till prison sentence. Being involved in a car accident under influence of alcohol or drugs will also be effective on the refunding of your insurance sum. Even if you are not drunk, but you are involved in an accident or incident (like robbery), you have to have an official report from the authorities and alcohol report in order to apply to your insurance company. Car accidents, Theft or DamageNever under absolutely no condition move the car from in the event of an accident. The police will not make an official report when the car is moved. Statements will be taken from the parties. As this report can be important in any future court case, it may be advisable to have a lawyer present while it is prepared. It is also required for any claims for repair under insurance.

Within the borders of the Municipality the Traffic Police (154) is competent to make an official report. Outside the borders of the municipality the Gendarme is the competent authority (156). The parties who


are involved with the car accident may not leave the place of the accident, without the permission of the authorities. All such incidents must be properly recorded so that entries in the passport of the owner of the car can be cancelled in order to allow him to leave the country. Cars that are determined by the customs offices to have been damaged in an accident or cars that require maintenance in order to leave the country are delivered to a repair garage approved by the Customs for a reasonable period for repair which must be documented. The owner of the car or the item that has been stolen during the period of stay in Turkey is not required to pay tax on the stolen car/item, and the guarantee on the car/item is cancelled.


8 Bank & Finance Opening a Bank account Individuals and legal entities may open fixed term deposit and demand deposit bank accounts in Turkish Lira at Turkish banks. Fixed deposit accounts earn interest. You need to obtain a tax number at the local Tax office before you can apply for a bank account. For opening a bank account on behalf of a company, you need to submit the name and official signatures of the manager who is officially the representative of the company. Other entity documents and authorizations will be required. Credit cards and cheques The Turkish banking legislation has no general rules on credit card issues. Therefore many Turkish banks apply different rules for issuing credit card and cheques, like residence permit, work permit, signature of a guarantor. (See appendix G and H for banks in Turkey and abroad) Money transfers You have to use a SWIFT or an IBAN (International Bank Account Number) in order to transfer money from one account to another. IBAN is the standard for the bank account number of the beneficiary in cross-border payments. The IBAN contributes for a faster processing of the payments and give efficiency advantages to companies and banks. The constituent and his bank can control in a simple way if the account number of the beneficiary is correct, irrespective of the country. The indication of the IBAN in foreign country tasks, and moreover the BIC (Bank Identifier Code) of the bank of the beneficiary is also obliges keen in a regulation of the European Association. Both data has to be mentioned on invoices which are sent to the border. Turkey has inserted the IBAN in 2004, and put into force in 2005. Still today the SWIFT transfer is an often used system in Turkey. You can ask your personal Swift or IBAN number at your bank. Limitations There are no limitations regarding the amount of transfers from one country to another, provided that you have fulfilled tax regulations, like income tax, company tax, etc. Internet possibilities Most of the Turkish banks have nowadays possibilities of internet banking. Ask the details and the possibilities before you open a bank account.


9 Marriage & Family issues The name of the heading tells you enough about the content of this chapter.

9.1 Marriage

The conditions of marriage are depending on the joint national Law of parties to be married. If parties do not have joint nationalities the applicable law is the law of the joint land where in they domicile. However, even if this rule is not applicable the Turkish law will be applied. The Turkish process Law is applicable regarding the solemnization (execution) of the marriage. Application It is possible as foreigner to marry in Turkey in front of the Civil servant of the Municipality, provided that you have the necessary papers with you. The following documents will be requested for the solemnization of the marriage of a foreigner:

• Document of your own country that you are able to marry, provided with an Apostille stamp • A birth certificate, provided with an Apostille stamp; • Certified translation of your passport; • 4 passport photographs; • A blood test and a detailed health report.

It is advisable to let you informed beforehand at the Municipality regarding the requested documents. After the solemnization of the marriage you will obtain a certificate. The General Consulates Due to international agreements the solemnization of a marriage at the Consulates is valid.

9.2 Consummation of Marriage

This paragraph is important for those of you who are married to a Turkish spouse, even if you have married out side the borders of Turkey. Do not take for granted that the goods (like real estate, bank accounts, companies, etc) are joined possession. De current Law regarding consummation of marriage is in force since January 2002. The former law is also in force for the marriages and the gained goods / properties before this date. Situation before 1 January 2002 All Turkish parties who are married before 2002 are married under the separate estate arrangementunless the spouses concluded a different marriage settlement in front of the Notary, like marrying under equal terms.

Situation after 1 January 2002 According to the current law you will be married to the regime of gained property during the marriage. This means that goods which has been gained before marriage, goods from inheritance, or goods not obtained through labor will not be in community of property. Marriage settlement at the Notary You may conclude before or during your marriage a different marriage settlement with your spouse at the local Public Notary in order to not to be married according to the statutory regime of gained properties. You have the following possibilities:


- Separate estate arrangement; there is no shared community of goods. The goods have one owner. - Partial community of property; in this settlement parties divide some goods to be shared (like a car, house, bank account) from other goods. - Community of goods; you are married in equal terms, the goods before or after the marriage are shared. If you do not have a separate agreement signed at the Notary you are married

9.3 Divorcement

According to the International Private Law, the conditions of divorce are depending on the joint national Law of parties. If parties do not have joint nationalities the applicable law is the law of the joint land in which they domicile. In the end, if this rule is not applicable the Turkish law will be applied. The divorce case has to be opened by putting a request at the Family Court (or in the absence of the Family Court at the Asliye Court) of the municipality where the respondent domicile or you both have domiciled in the past 6 months. You have to state a reason of divorce and proof it with evidence like documents, pictures, statements of evidence, etc. The most common reason of divorcement is that the marriage has been broken down irretrievably. It is also possible that, provided that you have been married for at least one year, you agree on the terms of divorcement. Matters like children, alimony, sharing of the common goods have to be settled unanimously. Children and Guardianship During the divorcement the custody of children under the age of 18 has to be settled. The judge will place a child under one of the parent’s guardianship if parents do not agree unanimously about it. In practice, the custody of children under the age of 7 will be given to the mother. The judge will decide a visit settlement in favor of the other parent who does not have the guardianship over the children. Also grandparents may request a visit settlement in favor of them to see their grandchildren. Alimony regarding children The height of the monthly alimony regarding the children is depending on the expenses of the children, like education costs, maintenance, clothing, vacation, etc. The alimony regarding children ends with the majority of the child, unless the child claims that the alimony should be carried on due to his education. Alimony regarding wife/husband During or even before the divorce case the judge may decide for alimony pendente lite for the party who is living in poverty. The alimony for the wife/husband is depending on the cost of maintenance and living of the wife/husband after the divorce. The monthly income, financial situation, social level of partners, social structure and work capacity of partners will be taken into account by determining of the height of the alimony. The height of this alimony can be changed by a decision of the court due to change of the financial situation of the parties. You will lose your right on the alimony if you remarry someone else. Indemnity You are able to ask indemnity due to your loss during the divorcement or even within one year after the decision of a divorce. It is depending on judge’s judicial notice if he decides in your favor or not. There are two kind of indemnity claims; material and immaterial claims. Material claims are claims regarding goods, bank accounts, used dowry money, etc. Immaterial claims are claims like deep grief and misery that you have suffered or endured during your marriage, missing your vocation because of the marriage, etc.


Enforcement of the Turkish decision The Turkish divorcement decision has to be executed in your own country according to domestic law of your country. The Turkish decision has to bear an Apostille stamp before you can execute in your own country. We like to refer you to chapter 10 about Apostille stamps.

9.4 Family Protection law

Since 1998 family members, (the spouse, children or other relatives who are living under one roof) are protected against marital violation by the Law of 4320. In accordance of a complaint to the Public Prosecutor of one of the members of the family, the judge can take the necessary decisions and provision to protect the family members who suffer from the violation, under review of the circumstances of the case. The most used provision is to banish the person from the house who harms the family (members) or goods. The decision and provisions of the judge will be carried out by the Police under the supervision of the Public Prosecutor. The judge can also decide provisionally alimony for the maintenance of the family.

9.5 Other Issues related to Children

Adoption You are able to apply to the Court to adopt a child in Turkey under the fulfillment of the following conditions:

• The couple has to be married for at least five years or being older than 30 years; • The unmarried person, can adopt a child under the condition that he/she is older than 30 years; • The age difference between the adopted child and the adopted person has to be at least 18

years; • The adopted child has to be maintained (education, health, living) by the person(s) who is/are

going to adopt him for one year; • You need to have the allowance of the parents of the child, stated in front of the court.

Besides these statutory conditions the judge will take the adoption regulations of the national Law of the foreign petitioners in account for his judicial notice. Further more matters like the reasons of adopting, the social status, financial situation, health and the marital situation of the petitioners will be investigated by the judge.

Children born of wedlock A child born of wedlock must be registered by the parents at the Registrar of Population (the Municipality) on the place where the parents domicile or where the marriage has been executed. Children born of wedlock have the same statutory rights as children born during a marriage. Not registering the child to the Registrar does not mean that the child will not be subject to the same provisions of a child who is born during a marriage. The law of inheritance will also be applied to children born of wedlock who are accepted (recognized) by the father or by a decision of the court as family.


10 General Legal Advice

Apostille stamp Every kind of foreign document to be used at the Court has to bear an Apostille stamp. An Apostille stamp is an international stamp given under the provisions of an international agreement between the countries, to accept the foreign document in the domestic Law without questioning the content of the document. The foreign document with the Apostille stamp has to be translated certified and notarized before use. The institution that provides the Apostille stamp varies from one country to another. In the most countries the administration of the Civil Court is providing the Apostille stamp. Also in Turkey Court decisions will be Apostilled by the administration of the Civil Court. Apostille stamp for other documents than court decisions can be provided by the department of the Province. Interrogation For an official to question you as an accused person, a summons to provide a statement must be sent. To prevent this summons from being ignored, the request can be given as a court order. During the statement, your identification will be verified by the clerk and you will be told of what you are being accused of. The accusation must be made very clear. Anyone who has to give a statement before an officer, public prosecutor or judge has the right to a lawyer of his own choice. If you have a lawyer, the lawyer must be present when you give your statement. As a part of your defense right you have the right to see any statement of the prosecutor. If you do not have a lawyer, you may ask to have one appointed by the Bar Association. Furthermore, you have the opportunity to give your statement to your lawyer personally and privately, before you are questioned. The lawyer should be present throughout the questioning. An accused person has the right to remain silent, and the police or Prosecutor who is questioning him is obliged to inform the accused of this. You may also ask for a translator if you do not speak Turkish. To lodge a complaint You are able to lodge a complaint against a person to the nearest police department or directly to the public prosecutor. The public prosecutor must investigate the circumstances of the claim in order to determine if there is a justifiable complaint or not. If there is a justifiable complaint the accused person will be interrogate and if necessary a prosecution will be started against him. Some prosecutions (crimes) are related to a complaint other are not. Prosecution connected with a complaint may be withdrawn by the complainant in order that the prosecution will be withdrawn in the same time.


11 Law of Succession The national law of succession of the deceased foreigner is applicable on the goods of the deceased foreigner in Turkey, with the exception of real estates. Real estates are in the exclusive competence of the Turkish Law. The Turkish Process Law is applicable regarding the decedent’s assets, the valuation of probate, etc. It is advisable to seek professional advice to support you in your inheritance and the necessary procedure in Turkey. International aspects, the consummation of marriage, underwritten testaments abroad may change the right of succession of parties! International Procedure According to the Law you, as a heir need a decision of any local court that you are the lawful heir of the deceased one. To open this request you need to have a certification of the death, a decision of the court of your own country that you are the lawful heir of the deceased person. It is possible that you even have a testament drawn up in your country. All the documents that you bring from your country have to bear an Apostille stamp. You need to translate the documents certified before you can use them at the court. (See chapter 10 for Apostille stamp) With the juridical decision of the Court, you are able to transfer the goods on your name according to the succession right given by the decision. The Rule Head Rule: According to the Turkish Succession Law the behind left spouse will heir ¼ part of the good, the child/children together ¾ part of the good. If there are no children, the behind left spouse will heir with the parents in law or when there are no parents in law with other family members in first degree of the deceased person. The Hereditary portion (legal share) The hereditary portion of the children is the half of their lawful right of succession. The lawful right of succession of the spouse cannot be deprived by the testator. The hereditary portion of the spouse is the total of the lawful right of succession. Real estate inheritance In case of a real estate inheritance, Turkish Succession Law will be applied to the real estate of the foreign testator/testatrix, unless parties have a written testament. Before you transfer the real estate on your name as heir/heiress you must pay the necessary succession tax to the tax office that the Land Registry Office (TAPU office) has shown you. The tax office will calculate the amount of the succession tax, according to the value of the real estate, provided that the value of the good has exceeded the threshold amount, which limit is subject to change every year. The value of the real estate will be given by the Municipality (See chapter 14 regarding tax and www.tkgm.gov.tr

Shares of a Capital company Also during the transfer of the shares of the company the heirs will pay succession tax above a ‘ceiling’ value of the shares, determined by the government. Cars You will also deal with succession tax regarding motorized vehicles. The registration will be done at the local Police Department of the city where in the car was registered. Testament - The Will International testaments are valid in Turkey provided that they have been concluded in accordance to the National Law of the foreigner.


As a foreigner you may also make your own will in Turkey, provided that the will is made according to the Turkish Law. You can make your will in front of a public Notary or make a handwritten will left in custody to the Notary or to the Court. A will made in front of the Notary without two witnesses is void!


12 Labor relations & Social security

This chapter contents information concerning issues about labor. Foreigners are prohibited from some occupations in Turkey, although the legislation has been relaxed in 2003. Further more how the social security and the Bağ-kur are regulated and what the labor law contains. All this is readable in this chapter.

12.1 Working employee

Nowadays it is possible that you can exercise more occupations in Turkey. The last modifications were in 6 September 2003. At the moment the following occupations are prohibited for foreigners:

• State employees • Law • Medicine, permission may be granted to foreign medical doctors, under Law No. 3359 • Dentistry • Pharmacy • Nursing • Public notary • Salvaging • Wrecks from the sea • Diving • Fishing • Piloting • Being the captain of a ship, or sailors

However, under the current foreign capital legislation, properly approved projects and investments will not be subject to the restrictions described above. Similarly, certain exceptions have been introduced in the form of tourism incentives.

12.2 Social security – SSK - BağkurThe contribution payments to the governmental Social Security institutions (the SSK and Bağkur) are regarding health insurance payments and retirement benefits. These payments do not secure you for unemployment or for not worked days during an illness. SSK Your social security contribution has to be paid by your employer if you work legally as employee. You may qualify for an exemption if there is an international social security treaty between the two countries, prevented that your social security contributions are being paid in your own country. The applications to take advantage of this exemption can be done to the Social Security Directorate in Ankara. (See appendix D for the countries with a reciprocity agreement for the social security) Bağ-kur If you work as an independent employer you are obliged to pay your own social security contribution to the Bagkur. The payment of the contribution is compulsory, even if you have private health security insurance. The compulsory situations are:

• the day of the start of your obligations if you have the obligation of incomes tax because of a commercial or self-employment;


• the day of the establishment of the company if you are the organizer of a registered partnership, limited partnership, partnership partially limited by shares and joint stock companies, and from the day of that you are chosen to the board if you are the member of the board of a joint stock company;

• the day of that you are registered in the craftsmen and artisans registrar servant if you are

exempt of the income tax and if your tax registration can not be find.

12.3 Labor laws Employment contract According to the Law parties are free to undergo an employment contract for a short or long term. The contract can impose a penalty clause provided that it is made in proportion for both sides.

Notification period for termination of contract The statutory provisions of the Labor Law are valid and compulsory, if parties did not agree a notification period by contract in favor of the parties. The statutory notification period is depending on the time of working legally for the employer. In practice, an employer may terminate an employment contract at any time by the notice period entitlement, without any reason, provided that the rights of the employer has been paid, like vacation, overwork hours, etc. The Labor Law has described some situations (like employing more than 30 personnel) where he must give a reason of termination of the contract. Annual vacation An employee has just after one year of employment vacation right of 14 days. The annual vacation periods are the statutory minimum limits and may be increased by parties. If the employment contract is terminated either by you or by the employer, the vacation entitlement in proportion has to be paid by the employer. (See http://www.abc-consultancy.com/english/labour_law .php)


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PART II DOING BUSINESS IN TURKEY

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13 Doing Business

In this chapter is described which business entities there are, how the social security is arranged, and how the businesses are implemented. Almost all sectors of the economy open to private domestic investors are also open to foreign participation. However some operational sectors have restrictions for the foreign investor, like broadcasting, aviation, maritime, transportation, petroleum, and mining with the aim of ensuring national security, public order and health, professional standards. Foreign direct investment regime of Turkey is mainly formulated by the Law No. 6224 of 1954 Concerning the Encouragement of Foreign capital, which is based on the principle of equal treatment for domestic and foreign investors. (See appendix I for a list of trade commissions and businessman association)

The most usual company kinds are capital stock companies. A capital stock company gets his power and reputation by his capital. Obtaining reputation by third persons, a good management and the form of the capital are important issues. The responsibility of the partners towards third persons is depending on how much capital they have invested in the company. There are two kinds of capital stock companies:

• Limited Liability companies • Joint stock companies

13.1 Limited liability companies (LTD.)

A limited liability company is a company that can be established by at least two (a maximum of 50) legal or natural entities under a trade name. The shareholders’ responsibility is restricted with the subscribed capital of the company. The minimum capital has to be 5.000 YTL. All partners are personally liable for the debts of the company up to a maximum for their contribution, however, partners are not held liable for the unpaid portions of the capital contributions of other partners. They are also directly exposed to the tax liabilities of the company, limited however, to their own shares. The capital of a limited liability company is not divided into shares of stock nor represented by share certificates. There is no board of directors for a limited company. The appointed manager has the general authority to run the company. The manager may be a shareholder or an outsider. Every shareholder has votes equal to his shares, but every decision has also to be taken with majority in person. The decisions in a Limited Liability Company with two shareholders have to be taken unanimously! The regulations of a joint Stock company will be applied to the Limited Liability Company with more than 20 members.

13.2 Joint Stock (A.S.)

A joint stock company is defined as a corporation having its own trade name and a predetermined amount of capital divided into shares. A joint stock company can be established with at least five


shareholders, who may be either real persons or legal entities. The capital stock must be a minimum of 50.000 YTL. The liability of the shareholder is limited to his capital. The structure and organization of joint stock companies are subject to regulation by the Turkish Commercial Code. The Joint Stock Company has a General Assembly and a Board of Directors and some times even a Board of (daily) Managers. The General Board of a joint stock company meets at normal and urgent cases. In normal circumstances the meeting has to take place within three months after every fiscal period and at least ones a year. A couple of times in a year the profits of a joint stock company will be spread, every time this happens there have to be a general board meeting. The majority of the votes count. One share is one right to vote. The founders of joint stock companies are afforded significant flexibility in drafting the articles of association, thereby serving the needs of the specific venture. Capital market Board regulations also apply to joint stock companies whose shareholders’ number is at least 250, or who have issued bonds or whose shares are quoted on the Istanbul Stock Exchange.

13.3 Other business entities

Besides the capital stock companies there are also other kinds. Those are described below.

• Partnership company (unlimited company) • Limited partnership (commandite company) • Registered partnership (open company)

• Partnership partially limited by shares

• Liaison office

• Joint venture

• Consortium

Partnership (Unlimited) Company A character of this business is that the person is responsible with all his assets; therefore you do not need any minimum start capital. The owner of the company is at the same time the director/manager of the company.

Some examples of business for unlimited company: craftsman, artisan, trader or manufacturer. For starting a partnership business you have to be registered at the Chamber of Craftsman and Artisans. You need to have a work permit to have you registered at this Chamber. If you have lived for at least five years without interruptions in Turkey you can apply for an independent work permit. (See chapter 2).

Limited partnership (Commandite Company) A company which will be organized with the intention to carry on a trade name in which one or more partners has no limited responsibility is called a limited partnership. Entities of whose responsibility isn’t limited is called “working partner”. The “silent partner” has a limited responsibility in the company.


Legal entities may be a “silent partner” of a limited partnership company. As a natural entity it is possible to be a “silent” as well as a “working” partner of a limited partnership company. A “silent partner” may not put his own work as a share in the company. The ‘working’ partner is the manager of the limited partnership company. A limited partnership company is not obliged to order a general assembly. The decisions concerned the company happens by means of vote. Only the “working partner” has the right to represent the company to third parties.

Registered partnership A registered partnership can be established if the establishing person is a natural entity who has the intention to carry on a trade name. The liability of each partner has no limit. Legal entities may not take a part in a registered partnership. The partners of a registered partnership are towards third parties responsible with all their assets. There is no obligation to have a general board meeting after a certain period. The partners stipulate this mutual when they find it necessary. Each partner has one vote. The majority of votes count.

Partnership partially limited by shares This kind of company is not often used. A partnership partially limited by shares is a company of which the shares are divided. It can be established by at least five partners of whom at least one has to be a “working” partner. One or a couple of partners are for the debts responsible like in a registered partnership company. The other partners are responsible like in a joint stock company. Like in a Limited partnership company the “working” partner’s responsibility is not restricted, while the “silent” partner’s responsibility depends on the consistent of the shares. The manager capacity belongs actually to the “working” partners. This way the management and the partnership of the partnership company which partially is limited by shares is nearly the same. When the manager capacity ends, the partner will be automatically a “silent” partner. Even if it is considerable that one partner in the company can be a “working” partner, then it will be defined that it isn’t necessary that the organization of the company consist of a commission.

Liaison offices Foreign companies are allowed to set up liaison offices in Turkey for the purpose of non-commercial activities (information gathering, market research, or studying the activities of potential competitors). Liaison offices are specifically barred from engaging in any activity that directly or indirectly results in generating any form of income. A liaison office is not allowed to engage in any profit generating business, all the expenses of the office has to be paid by means of funds (foreign currency) transferred from the foreign company.

Since a liaison office has no profits, its operations are largely tax-exempt. Salaries paid to its employees (nationals as well as expatriates) for example, are exempt from the personal income tax. These exemptions are directly related to the nature and the scope of the office's activities. If the office ever becomes even indirectly in involved in a profit generating activity, office will become liable not only for all taxes but any penalties that may be involved in their non-payment.

The undersecretariat of treasury authorized to permit foreign companies established under the laws of foreign countries to open liaison offices, provided that they do not engage in commercial activities in Turkey.

Joint venture A joint venture is a general partnership typically formed to undertake a particular business transaction or project and is intended to exist for a limited time period. Joint ventures typically exist for five to seven


years. In a joint venture, two or more "parent" companies agree to share capital, technology, human resources, risks and rewards in a formation of a new entity under shared control. A joint venture is created with a specific project in mind and generally dissolves once the project has been completed. Members of the joint venture are exposed to full legal liability. A joint venture is treated like a partnership for federal income tax purposes. Joint ventures may be formed for a vast variety of purposes. Joint ventures are commonly used in real estate matters where two or more persons undertake to develop a specific piece of real property. Joint ventures are also widely used by companies to gain entrance into foreign markets. Foreign companies form joint ventures with domestic companies already present in markets the foreign companies would like to enter. The foreign companies generally contribute new technologies and business practices to the joint venture, while the domestic companies contribute their relationships and requisite governmental documents within the country, along with their established involvement in the domestic industry. Joint ventures are usually formed through the legal procedures of creating a memorandum of understanding, a joint venture agreement, any ancillary agreements, and obtaining regulatory approval. Some benefits of a joint venture include:

• Providing companies with the opportunity to obtain new capacity and expertise • Allowing companies to enter into related businesses or new geographic markets or obtain new

technological knowledge • They don’t represent a long-term commitment • Companies can gradually separate a business from the rest of the organization, and ultimately,

sell it to the other parent company (app. 80% of all joint ventures end in a sale by one partner to the other)

• Sharing of financial support and financial risks • New product development.


14 Tax issues in Turkey

Although this chapter gives you the necessary information about the Tax legislation in 2005, The Turkish government has announced his plans to decrease the Tax rates for 2006, as Corporation Tax, Value Added Tax and Special Consumption Tax. We like to refer you to our website www.abc-consultancy.com/guides for the 2006 rates.

14.1 Income tax Income taxes are levied upon the income of individuals and corporations domicile in Turkey. Individual tax The legal framework governing the taxation of personal income (as well as the income of a few types of partnerships) is provided by the Income Tax Code. The personal income tax rate varies from 20% to 40%. Personal income is defined in the law in terms of seven categories: 1) commercial earnings; 2) agricultural earnings; 3) wage and salary income, 4) independent professional service income; 5) income from real estate; 6) dividend; 7) and interest income and miscellaneous profits and earnings. The last two categories are subject of the withholding taxes. Specific provisions concerning the taxation of each category of earnings are spelled out in relevant sections of the law. An additional concept in the taxation of personal income in Turkey is related to what is known as a "full tax liability" versus a "limited tax liability". ”Full" taxpayer are residents of Turkey who are legally required to report all their income from whatever sources they have been acquired around the world and they are liable for taxation on that basis. "Limited" taxpayers on the other hand are non-residents who have secured income in Turkey and are liable for taxes only on the income they may have secured in the country. As a rule, income tax is collected on the basis of a filed return though certain types of transactions may be subject to what is called "lump-sum" taxation or to tax withholding. Declaration is the method most commonly employed in the taxation of commercial earnings. Taxpayers are required to file an annual return reporting their earnings during the previous calendar year. The law stipulates what types of expenses are deductible or non-deductible in the determination of taxable income. For example, salaries paid to the owner of a business enterprise, his spouse, or his children, taxes and penalties, and the interest paid on capital are non-deductible expenses. While charitable donations can be deducted, limits are imposed on the amounts. The income from construction work that extends over a period of more than one calendar year becomes taxable as of its completion date. "Wage and salary income" is defined very broadly to include the cash value of virtually anything (including all benefits) that an employer provides to his/her employees as a result of their employment. When benefits are provided on a net basis, the payment has to be "grossed-up" (so as to include tax) and reported accordingly. Premiums paid for personal insurance (i.e. life, health, retirement etc.) purchased from companies in Turkey are deductible provided that the amount deducted can’t exceed the amount that the employee pays as his share of social security. Employer-provided severance pay and marriage allowances are also tax-free, subject to certain conditions.

Corporation Tax The Corporation Tax Code applies to the profits earned by "companies with share capital" (i.e. joint-stock companies, limited companies, limited partnerships), cooperatives, state-owned companies, economic enterprises owned by associations and foundations, and mutual funds and investment trusts governed by the Capital Market Law.


Corporation tax is generally assessed on the basis of a company's reported calendar-year profits. (It is however possible to obtain permission from the Ministry of Finance (See www.maliye.gov.tr) for a different fiscal reporting period.) Two types of corporation tax liability are defined: "full" and “limited". Those with a "full" corporation tax liability are corporate entities whose legal or business headquarters are located in Turkey. Like their income tax counterparts, they are responsible for the declaration and the payment of taxes on all their worldwide corporate income. "Limited" taxpayers are those who have no legal or business headquarters in Turkey. These are liable for taxes only on the corporate income they earn in Turkey. Corporation tax rate for 2005 is 30%. The corporate profits on which corporation tax is assessed, is determined in terms of the items of deductible and non-deductible expenses defined for commercial earnings in the Income Tax Code. Other rules contained in the Income Tax Code concerning commercial and agricultural earnings apply as well. In addition to these deductions however, corporations are also entitled to a number of deductions that don’t apply to individuals such as the cost of organizing general meetings, the issuance of corporate securities, reserves set aside for risks (applicable to insurance companies), and balance sheet losses from previous years.

14.2 Tax on expenditure VAT The implementation of the Value added tax VAT, (Katma Değer Vergisi, KDV) in Turkey is similar to practices in force in the other European Union countries. As a rule, all deliveries of goods and services that take place in Turkey are subject to this tax. This means that VAT is payable on every transaction involving production or the performance of a service. Goods and services imported into the country are also subject to VAT. The person liable for the payment of VAT is the one delivering the goods or services and in the case of imports, importer. The VAT that a taxpayer pays for goods and services purchased can be offset against (deducted from) the VAT received on deliveries of goods and services made. When the amount of VAT on sales is greater than the amount on purchases, it is positive difference that the taxpayer pays the tax office. Where the reverse is true -i.e. input VAT is more than output VAT –the difference is not, as a rule, (there are exceptions however) refunded to the taxpayer. Instead, it is carried forward and can be offset against future VAT collections. The general VAT rate in Turkey is 18% but there are a number of exceptions. The deliveries of goods and services are subject to VAT at rates varying from 1% to 23%. Inter-company interest charges are subject to VAT at 18%. The VAT rate on most leased assets is 1% with the exception of 23% on leased cars and 8% on other leased land transport vehicles. Lease contracts are exempt from all types of taxes, duties and stamp taxes. VAT is charged on imports normal rates. Every month the council of ministry has to make a declaration regarding the VAT. Special Consumption Tax By introducing the special consumption tax - SCT (özel tüketim vergisi - ÖTV) the direct tax system of Turkey became in line with the European Union directives. There are mainly four different product groups that are subject to special custom tax at different tax rates:

• Petroleum products, natural gas, lubricating oil, solvents, and derivates of solvents • Automobile and other vehicles, motorcycles, planes, helicopters, yachts • Tobacco and tobacco products, alcoholic beverages • Luxury products


The legal framework governing the taxation of personal income (as well as the income of a few types of partnerships) is provided by the Income Tax Code. Unlike VAT, which is applied on each delivery, special consumption tax is charged only once. The general special consumption tax rate is 20%. Banking and Insurance Banking and Insurance company transactions remain exempt from VAT, but are subject to a Banking and Insurance transaction tax. This tax applies to income earned by the banks, for example on loan interest.

14.3 Stamp duty

Stamp duty applies to a wide range of documents, including contracts, agreements, notes payable, capital contributions letters of credit, and letters of guarantee, financial statements and payrolls. Stamp duty is levied as a percentage of the value of the document at rates ranging from 0.15% to 0.75%. Especially in trade contracts or agreements stamp duty has to be paid.

14.4 Tax on enrichment

There are two categories mentioned at the Personal tax which are subjects of the withholding tax. These are: Dividend One of the earning items taxed through withholding tax is dividends. The dividends distributed among the shareholders of companies are subject to withholding within the framework of the amendments realized on the corporation tax structure that will be effective as of January 1, 1999. The withholding rate is 16.5 percent including fund levy (the rate is not certain yet). However, in publicly owned companies, the withholding tax rate is 5.5 percent (including fund levy). The part of the distributed dividends that consist of earnings exempted from corporation tax, are not subject to withholding tax.

Interest income Another category of earnings taxed through withholding tax is interest income. This includes interest on bank deposits, private corporate securities, and repo transactions based on marketable securities. The tax withheld becomes final if the interest amount adjusted for inflation doesn’t exceed the amount specified in the law.


Succession and donation tax Items acquired as gifts or through inheritance are subject to taxes between 1% and 30% of the item’s appraised value. Tax paid in a foreign country on inherited property is deducted from the taxable value of the asset. Real Estate tax Property taxes are paid each year on the tax values of land and buildings at rates varying from 0.1% to 0.6%. In the case of the sale of property, a 1.5% levy is paid on the sales value by both the buyer and the seller. The rate reduces to 1.5% if the property is contributed as capital-in-kind.

14.5 Double tax agreements

Turkish tax legislation treats an investment fund as a “company” (e.g. taxable entity) for corporate taxation purposes, regardless of the fact that a fund may not be a legal entity. This also applies to non-resident funds investing in Turkish securities. Generally therefore, a foreign fund that is a resident in the other contracting state should be entitled to the benefits of the double tax treaty in question, within the definition of the term "company" by the treaties that is "any body corporate or any entity which is treated as a body corporate for tax purposes". (See appendix F)

Foreigners and income tax Foreigners who do not domicile in Turkey are not obliged to pay income tax according to Turkish legislation, provided that there is an international Tax treaty between the two countries.


15 Investment incentives

The Turkish incentive system for investments can be classified under three main headings: - General Incentive regime - Incentives granted to Small and Medium Sized Enterprises - Incentives granted to less developed regions To benefit from these incentives, local and foreign investors are equally treated; the foreign capital companies can benefit from all incentives and allowances granted to local Turkish companies. This equal treatment is guaranteed by the law no. 6224 and Treaties for the Reciprocal Protection and Promotion of Investments. In order to qualify for investment incentives, the foreign investors must receive an incentive certificate from the General Directorate of Foreign Investments (GDFI). The main incentive tools granted to investors by the current legislation are:

- Exemption from customs duties and fund levies - Investment allowance - VAT ( Value Added Tax) exemption for imported and locally purchased machinery and

equipment - Exemption form taxes, duties and fees - Land allocations.

Underdeveloped areas This law aims to enhance employment and investments in the priority and least developed regions by providing income and corporate tax exemptions as well as provision of land support for investments to be realized in the aforesaid regions. The investors may benefit from a deduction from income or corporate tax, provided that the minimum employment condition is fulfilled by 31.12.2007. The deduction brackets are as follows: • For employment of 10 employees 40% • For employment of 11-50 40% +0.5 points per employee • For employment of 51 and over 60% These deductions are applicable for the revenues between periods 1.1.1998 and 31.12.2007 for those investors who are already operating a business in the said regions and start to employ an additional 10 employees over their employee number declared in the last 4 monthly Social Security Premium Payroll notices submitted before 31.10.1997.

Free Trade Zones The Turkish Free Zones nowadays, as international trade is globalizing, the foreign trade policies of countries and the way of the different economic instruments are being used is becoming more and more important. Free Zones are special areas in which most of the regulations related to commerce, economy and financial system are not applicable or partly applicable. Free Zones are also areas where additional incentives apply and where a more favorable business climate is offered to promote industrial and commercial activities. Infrastructure of the Turkish Free Zones is competitive with international standards. The rents of closed and open areas are lower than other countries.


Turkey’s geographical location provides significant advantages to the Turkish Free Zones. Generally, these are adjacent to major ports on the Mediterranean, Aegean and Black Seas. In addition, they are within easy access from international airports and highways. In contrast to most Free Zones in the world, sales to the domestic market are allowed. The objectives of free trade zones are as follows:

• Increasing export-oriented investment and production in Turkey; • Accelerating the transfer of foreign capital and technology to Turkey; • Providing inputs to the economy in an economical and orderly manner; • Increasing the utilization of foreign trade opportunities and foreign financial instruments.

The following free zones operate in Turkey: 1. Antalya, 2. Mersin, 3. Ege (İzmir-Gaziemir), 4. İstanbul-Atatürk Airport, 5. İstanbul - Tuzla Deri, 6. Trabzon, 7. Mardin, 8. Dogu-Erzurum, 9. İstanbul Stock Exchange-International Securities, 11. Samsun, 12. Rize, 13. İstanbul - Trakya. Nine others, Adana, Yurmutalik, İstanbul Atatürk Offshore Banking, Zonguldak, Kilyos, Trakya, Çorlu, Gaziantep and Kayseri are being established and some others are also expected to be declared. (The most recent list is available at ww.turkishfreezones.gov.tr)

In general all kind of activities can be performed in Turkish Free Zones such as manufacturing, storing, packing, general trading, banking and insurance. Investors are free to construct their own premises, while zones have also available office spaces, workshops, or warehouses on rental basis with attractive terms. All fields of activities open to Turkish private sector are also open to joint ventures and foreign companies, provided that your activity is approved by the Economic Affairs Supreme Coordination Council. There is no limitation on the proportion of foreign capital participation in investment within the Free Zones. The free zone user may apply for an operating license or a production license. The validity period of an operating license is maximum 10 years for tenant users, and 20 years for users who wish to build their own working spaces in the zone; if the operating license is for production, these terms are 15 and 30 years for tenant users and investors, respectively. Free zone users that operate under production license are exempted from the income or corporate taxes until the end of the taxation period of the year Turkey becomes full member of the European Union. The free zone user that obtained operating license other than production before 06/02/2004, the income or corporate tax exemption continues during the validity period of the operating license. The free zone user that obtained operating license other than production after 06/02/2004 does not enjoy income or corporate tax exemption. Since the trade conducted between Turkey and the free zones is subject to the foreign trade regime, free zone users can purchase goods and services from Turkey without paying value added tax. The goods can remain in the zones without any time limit. The goods in free circulation can be sent to Turkey or to the EU countries from the free zones without any customs duty payment. Moreover, no customs duty is applied on the goods of third country origin at the entrance into the free zones and exit to the third countries. (See http://www.abc-consultancy.com/english/uk_freetradezone.mht)


Vocabulary

account books muhasebe defterleri account number hesap numarasıaccount payable borçlular hesabıaccount receivable alacaklılar hesabıaccounting muhasebe accounts payable ticari borçlar accounts receivable alacaklılar advances received alınan sipariş

avanslarıagreement anlaşma, sözleşme amortization amortisman annual account yıllık mali rapor annual general meeting

yıllık genel kurul toplantısı

annual report yıllık rapor arbitration tahkim assessor bilir kişiassets aktif, varlıklar assets (cash & bank) aktif varlıklar (alacak) audit denetim auditor's report denetim raporu authorized signature imzaya yetkili available reserves hazır rezervler balance sheet bilanço bankruptcy iflas banks (credit companies)

kredi kuruluşları

bills receivable at short term

kısa vadeli alacaklar (enfazla1yil)

bonus shares bedelsiz hisseler bookkeeping defter tutma broker komisyoncu buildings binalar business expenses işletme masraflarıcapital sermaye capital gains tax varlık vergisi capital increase sermaye artırımıcash and bank hazır değerler (nakit

varlıklar) cash flow nakit akışı cash payment nakit ödeme cash withdrawal nakit çekme certificate of birth nüfus cüzdanıchamber of commerce ticaret odasıcheque çek circular of signatures imza sirküleri collateral teminat commandite company komandit şirket commercial goods ticari mallar commission komisyon

company seal şirket kaşesi company tax işletme vergi

yükseltme company yields işletme gelirleri competitor rakip contract sözleşme contract clause sözleşme şartlarıco-operative kooperatif corporate tax kurumlar vergisi corporation tax şirket vergisi correspondence expenses

haberleşme masrafları

cost maliyet cost accounting maliyet muhasebesi cost price maliyet fiyatıcounter guarantee kontrgaranti country of origin mahreç menşe ülke credit card kredi kartıcredit limits kredi limitleri creditor alacaklıcreditors kredi açanlar criminal record sabıka kaydıcurrent account cari hesap current assets banka hesapları/

diğer maddi olmayan varlık, dönen varıklar

current liabilities borçlar customs gümrük customs duties gümrük vergileri customs exemption gümrük muafiyeti debit borç debtor borçlu deposit depozito depreciation amortisman directors salary yönetici maaşdiscount ıskonto distribution of profits temettü/kâr dağılımıdomicile ikametgah due diligence şirketin

değerlendirilmesi ve sonuçları

due to shareholders ortaklara borçlar employer işveren engagement/contract taahhüt equipment and vehicles

mobilya ve taşıtlar

equity capital özsermaye estate demirbaşestimated taxes tahmini vergiler exchange kambiyo


exchange rate döviz kuru expense gider expenses paid in advance

önceden ödemişmasraflar

expenses payable ödenecek giderler expertise ekspertiz raporu explanation of balance sheet

bilanço açıklaması

exploitation expenses işletme masraflarıexport ihracat extraordinary expenses

olağanüstü masrafları

extraordinary income olağanüstü gelirleri feasibility study fizibilite çalışmasıfinancial guarantee teminat financial year mali yılfire işten atmak fiscal mali fixed assets duran varlıklar fixed assets duran varlıklar

demirbaşlar fixed liabilities sabit masraflarıforce-majeure mücbir sebep foreign capital yabancı sermaye foreign currency döviz foreign trade dış ticaret forgery sahtekarlık,

dolandırıcılıkfoundation kuruluşfoundation expenses kuruluş masraflarıfraud sahtekarlıkfree port serbest liman free zone serbest bölgeler freight costs and moveable goods

nakliye ve araç masrafları

fuel yakıtgoods mal gross brüt gross profit gayri safi kar gross salaries brüt maaşlar guarantee garanti etmek guarantor kefil holiday allowance tatil parasıidentification card resmi kimlik immovable goods taşınmaz mallar import ithalat import duties ithalat vergileri import permit ithal müsaadesi in advance elde bulunan nakit

para in advance received yields

ödenmiş satışlar

income gelir/iratlar income tax gelir vergisi

insurance sigorta

insurance private cars özel araba sigortalarıinterest faiz interest expenses faiz giderleri interest incomes (revenue)

fazi gelirleri

internal audit dahili teftişinternational chamber of commerce(icc)

milletlerarası ticaret odası (mto)

invalid hükümsüz inventories maddi duran varlıklar inventory envanter investment sermaye, yatırıminvoice fatura joint account müşterek hesap joint stock company anonim şirket joint venture(jv) ortak girişim journal yevmiye defteri land arazi ve arsalar land register tapu kaydıleasing bkz.financial leasing legal hukuki legal entity bkz.legal person legal person tüzel kişilegal publications kanuni yayınlama legal reserves resmi rezervler veya

ihtiyat legalization tasdik legalize tasdik etmek legalized copy tasdikli suret letter of credit akreditif letter of guarantee teminat mektubu letter of intent niyet mektubu liabilities pasif liabilities pasifler (verecek) liaison office irtibat bürosu limited company limited şirketi limited liability sınırlı sorumluluk limited partnership komandite şirket liquid assets hazır değerler liquidate tasfiyeye gitmek loan (credit)contract kredi sözleşmesi long term assets duran varlıklar long term assets uzun vadeli varlıklar long term debts uzun vadeli borçlar long term liabilities uzun vadeli borçlar loss zarar machines and installations

makine ve tesisler

maintenance company cars

şirket arabalarıbakımı

maintenance expenses

bakım masrafları

maintenance machines and material

makine bakım ve parça

maintenance personal cars

araç bakımı


majority rüştmandate vekalet mandatory vekil manufacture imal etmek manufacturing cost imalat maliyeti margin of profit kâr miktarımaritime commercial law

deniz ticareti hukuku

market piyasa market price piyasa fiyatımarketing pazarlama marketing research pazarlama

araştırmasımeeting of the board of members

ortaklar kurulu toplantı

meeting of the board of shareholders

yönetim kurulu toplantısı

merchandise emtia, ticari eşya money para money laundering kara para aklama mortgage ipotek movables hareketli varlıklar multinational corporations

çok uluslu şirketler

mutual funds yatırım fonlarınational income milli gelir natural entity gerçek kişinegotiable devredilebilir net operating result vergi sonrası net kâr net profit net kar nominal nominal notarize noter tarafından

onaylanmak notary public noter notary public charges noter harçlarınotes payables borç senetleri notes receivable alacak senetleri notice of protest protesto ihbarınotification tebligat ihbar office equipment ofis ihtiyaçlarıoffice expenses ofis masraflarıofficial copy of birth certificate

nüfus cüzdanı sureti

official gazette resmi gazete off-shore offshore order siparişother accounts receivable

diğer alacaklar

other current assets diğer dönen varlıklar other current assets dönen varlıklar other payables diğer borçlar outside funds yabancı sermaye overheads/operating overheads

faaliyet masrafları

overtime fazla mesai package paket

paid capital ödenmiş sermaye parent company ana ortaklık

partner ortak partnership adi şirket patent patent pay in advance peşin ödemek payment ödeme payroll maaş bordrosu penalty clause ceza maddesi permit ruhsat permit of residence oturma izni personal cheque şahıs çeki personnel expenses personel masraflarıplace of issue düzenleme yeri place of payment ödeme yeri portfolio portföy power of attorney vekaletname presentation sunuş sunma printing expenses matbuat private sector özel sektör privatization özelleştirme procedure/formality işlem producer üretici product ürün profit kar profit and loss account kâr ve zarar

bilançosu/hesabıprofit before taxes vergi öncesi kâr profit margin kar marjıprofit sharing kâr dağılımıprofit/benefit kâr profits tax kazanç vergisi proforma invoice proforma fatura property tax emlak vergisi proposal teklif protest protesto province tax eyalet vergisi provision provizyon, komisyon public sector kamu sektörü publicity yayınquality certificate kalite belgesi real estate gayrimenkul real estate registration office

tapu dairesi

real estate tax emlak vergisi register office nüfus dairesi registered capital kayıtlı sermaye registered shares nama yazılı hisse

senetleri registered trademark tescilli marka rent material malzeme kirasırented personal kiralanan personel repayment geri ödeme repayment period geri ödeme süresi


representation expenses

görev masrafları

reserve fund ihtiyat akçesi residence permit oturma izni risk management risk yönetimi royalty telif ücreti salaries maaşlar salary maaşsale satışlar sale on credit kredili satış sales contract satış sözleşmesi sales revenues satış hasılatıservices and other goods

hizmet ve diğer mallar

several insurances çeşitli sigortalar share hisse share capital ortak sermaye share owner hissedar shareholder hissedar shareholder equity paydaşların eşitliğishareholders equity özkaynaklar shipment sevkiyat shipping documents taşıma belgeleri short term kısa vadeli short term bank loans kısa vadeli banka

sermayesi short term debts kısa vadeli borçlar sign imzalamak sign a contract sözleşme imzalamak signature imza social security expenses

sosyal sigorta masrafları/ssk

stamp duty damga vergisi stock hisse senedi strike grev sub-contractor taşeron subvention sübvansiyon sue dava açmak suit dava suitor davacısupplementary policy zeyilname supplier tedarikçi suppliers/deliverers toptancılar survey kamuoyu araştırmasıtax vergi tax exemption vergi muafiyeti tax free vergiden muaf tax inspector vergi müfettişitax legislation vergi mevzuatı

tax registration number

vergi kimlik numarası

tax working employees

muhtasar vergisi

tax-free vergisiz temporary tax geçici vergi tender ihale terms koşullar terms of payment ödeme koşullarıthird party üçüncü şahıstitle-deed tapu senedi total assets aktif varlıkların

toplamıtotal current assets toplam duran

varlıklar total liabilities pasif toplamıtrade mark ticari marka trade name ticari unvan trade register ticaret sicili traffic tax private cars araç trafik vergisi transfer transfer transferred result aktarılan kar transport charges nakliye masraflarıtransport documents bkz.shipping

documents transportation taşıma

travelling expenses seyahat masraflarıtreasury hazine trust company tröst şirketi turn over accounts aktarılan hesaplar turnover hasılat, ciro unemployed işsiz unemployment işsizlik unprepared invoices faturası kesilmemiş

ticari alacaklıvalidity geçerlilik value added tax katma değer vergisi venture capital risk sermayesi wages ücret warranty güvence belgesi watermark filigran withdrawal hesaptan para

çekme working capital işletme sermayesi yearly income yıllık gelir yearly sale yıllık satış yields receivable diğer dönen varlıklar


Index

� Agreement 11, 18, 25, 29, 32, 34, 38, 52, 54 � Apostille 38 � Articles of Association 46 � Bank 22, 24, 28, 33, 34, 39 � Contract 14, 18, 19, 23, 29, 30, 42, 52, 53 � Education 14, 36, 37 � Employee 41, 42, 48, 51, 55 � Employer 15, 41, 42, 51 � Export 27, 56 � IBAN 33 � ISKAN 20, 23 � Investment 18, 41, 45, 51, 54, 55 � Liaison office 48 � Passport 12, 13, 28, 32, 34 � Payment 21, 22, 23, 28, 33, 41 � Permit 14, 20, 24, 28, 33, 47, 48 � Silent partner 47 � SWIFT 33 � Visa 11, 28 � Title of Deed / Tapu 18, 39


Appendix A Addresses of ministries in Turkey

Ministries Address Telephone number Website

Ministry of Labor and Social Security

General Directorate of Occupational Health and Safety Inönü Bulvan, I Blok, No 42, Kat. 4 Emek / Ankara

+90 312 215 5021 http://www.calisma.gov.tr

The General Directorate of Foreign Investment (GDFI)

Hazine Mustesarligi, Yabanci Sermaye Genel Mudurlugu, Inonu Bulvari, 06510 Emek / Ankara

+90 312 212 8915 http://www.hazine.gov.tr

Ministry of Foreign Affairs Balgat 06100 Ankara +90 312 292 1000 http://www.mfa.gov.tr

Undersecretariat of Treasury Inönü Bulvari No:42 Emek ANKARA +90 312 296 6000 http://www.treasury.gov.tr

/giris.htm General Directory of Land Registry Dikmen Yolu No:14 / ANKARA +90 312 413 60 00 http://www.tkgm.gov.tr

Ministry of Health Mithatpaşa Cad. No : 3 06434 Sıhhıye / ANKARA +90 312 435 6440 http://www.saglik.gov.tr

Ministry of Interior Ankara +90 312 425 72 14 http://www.icisleri.gov.trMinistry of Public Works and Housing Vekaletler Caddesi No.1 Ankara +90 312 410 10 00 http://www.bayindirlik.gov

.trMinistry of Transportation

Hakkı Turayliç Caddesi No:5 Emek / Ankara +90 312 550 10 00 http://www.mt.gov.tr

Ministry of Energy and natural Resources

Inönü Bulvarı No:27 Bahçelievler /Ankara +90 312 212 64 20 http://www.enerji.gov.tr

Ministry of Culture and Tourism

Atatürk Bulvarı No:29 Ek Bina Kat:1, 06050 Opera / Ankara +90 312 309 08 50 http://www.turizm.gov.tr

Ministry of Environment

Atatürk Bulvarı No:158 Bakanlıklar / Ankara +90 312 417 60 00 http://www.cevre.gov.tr

Ministry of National Education Atatürk bulvarı Bakanlıklar / Ankara +90 312 419 14 10 http://www.meb.gov.tr

Ministry of Agriculture and Rural Affairs

Milli Müdafa Caddesi No:20, Kızılay / Ankara +90 312 424 05 80 http://www.tarim.gov.tr

Ministry of Finance http://www.maliye.gov.trMinistry of İndustry and Trade http://www.sanayi.gov.tr

Ministry of National Defense http://www.msb.gov.tr


Appendix B Countries with reciprocity

The following countries have full reciprosity with Turkey in terms of real estate acquisition:

• Angola • Argentina • Australia • Bahamas • Bahrain • Bangladesh • Barbados • Belgium • Belize • Benin • Bolivia • Bosnia-Herzegovina • Botswana • Brazil • Cameroon • Canada • Central African Republic • Chili • Colombia • Costa Rica • Croatia • Denmark • Dominician Republic • Ecuador • El Salvador • England • Estonia • Fildisi Sahili • Finland • France • Gabon • Germany • Ghana • Greece • Grenada • Guatemala • Guinea • Guyana • Haiti • Honduras • Hungary • Ireland • Israil • Italy • Jamaica • Japan • Korea (south) • Latvia

• Liechtenstein • Lithuania • Luxembourg • Malawi • Malaysia • Mali • Malta • Mauritanya • Mauritus • Mexico • Monaco • Mozambique • The Netherlands • New Zealand • Nicaragua • Nigeria • Norway • Panama • Paraguay • Peru • Philipines • Poland • Portugal • San Marino • Senegal • Singapore • Sirbistan and Karadag(Yugoslavia) • Somalia • South Africa Republic • Spain • Sri Lanka • Swaziland • Sweden • Switserland • Tanzania • TRNC • Uruguay • USA • Venezuela


Appendix C “Tapu” example

İl Administrative province İlçe Administrative district Bölge Region Mahalle City part Köy Village Sokak Street Mevki Quarter Satış bedeli Sale sum Parf.no Lot number Parsel no. Parcel number Yüzölçümü Surface Gayrimenkulün vasfı Quality of the property Arsa/tarla/bahçe/ eski ev Plot of vacant land/Arable field/

Garden/old house Fotoğraf Photograf Gayrimenkulün iktisatı The economics of the property Gayrimenkulün sahibi The owner of the property Cilt no. Skin number Sayfa no. Page number Sıra no. Range number Tarih Date


Appendix D Social security agreements

Reciprocal social security agreements have been concluded with the following countries:

• Albania 15.07.1998 • Austria - • Azerbaijan 23.06.2004 • Bosnia-Herzegovina 01.07.2004 • Belgium 01.05.1968 • Canada 01.01.2005 • Denmark 01.02.1978 • France 01.08.1973 • Germany 01.11.1965 • Libya - • Macedonia 1998 • Norway 01.06.1981 • Romania 14.10.2002 • Sweden 01.05.1981 • Switzerland - • The Netherlands 01.02.1968 • The United Kingdom 01.06.1961 • Turkish Republic of Northern Cyprus (TRNC) -


Appendix E Countries for which visa is not required

The following countries have a visa exemption for a period of three months:

• Argentina • Bolivia • Bulgaria • Chili • Denmark • Ecuador • El Salvador • Finland • France • Germany • Greece • Honduras • Hong Kong (Special Administrative

Region) • Iceland • Iran • Israel

• Japan • Lichtenstein • Luxembourg • Malaysia • Monaco • Morocco • New Zealand • Nicaragua • San Marino • Singapore • South Korea • Sweden • Switzerland

Trinidad-Tobago • Tunisia • Uruguay • Vatican


Appendix F Treaties on the prevention of double taxation

Countries with which Turkey currently has treaties on the prevention of double taxation:

• Albania 01.01.1997 • Algeria 01.01.1997 • Austria 01.01.1974 • Azerbaijan 01.01.1998 • Bangladesh 01.01.2004 • Belarus 01.01.1999 • Belgium 01.01.1992 • Bulgaria 01.01.1998 • China 01.01.1997 • Croatia Romania 01.01.2001 • Czech Republic 01.01.2004

Russia • Denmark 01.01.1991 • Egypt 01.01.1997 • Finland 01.01.1989 • France 01.01.1990 • Germany 01.01.1990 • Great Britain 01.01.1989 • Greece 01.01.2005 • Hungary 01.01.1993 • India 01.01.1994 • Indonesia 01.01.2001 • Israel 01.01.1999 • Italy 01.01.1994 • Japan 01.01.1995 • Jordan 01.01.1987 • Kazakhstan 01.01.1997 • Kuwait 01.01.1997 • Kyrgyzstan 01.01.2002 • Latvia 01.01.2004 • Lithuania 01.01.2001

• Macedonia 01.01.1997 • Malaysia 01.01.1997 • Moldova 01.01.2001 • Mongolia 01.01.1997 • Norway 01.01.1977 • Pakistan 01.01.1989 • Poland 01.01.1998 • Romania 01.01.1989 • Russia 01.01.2000 • Saudi Arabia 01.01.1987 • Singapore 01.01.2002 • Slovakia 01.01.2000 • Slovenia 01.01.2004 • South Korea 01.01.1987 • Spain 01.01.2004 • Sudan 01.01.2004 • Sweden 01.01.1991 • Syria 01.01.2005 • Tajikistan 01.01.2002 • Tunisia 01.01.1988 • The Netherlands 01.01.1989 • Tunisia 01.01.1988 • Turkish Republic 01.01.1989

of Northern Cyprus • Turkmenistan 01.01.1998 • Ukraine 01.01.1999 • United Arab Emirates 01.01.1995 • U.S.A 01.01.1998 • Uzbekistan 01.01.1997


Appendix G Foreign banks in Turkey

Bank Address Telephone number Website

Bank Europa Abdi Ipekçi Cad. No 63 Polat Palas Maçka / İstanbul +90 212 315 35 35 -

BNP - AK Dresdner Bank

1.Levent Plaza, Büyükdere Cad. No.173/A Blok Kat 8-9-10 Levent / İstanbul

+90 212-339 57 00 www.bnp-ak-dresdner.com.tr

HSBC Bank Büyükdere Caddesi No 2 1. Levent Besiktas / İstanbul +90 212 279 80 00 www.hsbc.com.tr

ABN AMRO Bank Tamburi Ali Efendi Sok. No 13 Etiler Beşiktaş / İstanbul +90 212 359 40 40 -

Banca Di Roma S.P.A Büyükdere Cad. Üçyol Mevkii Noramin Is Merkezi Kat 5 Maslak / İstanbul

+90 212 285 93 10 -

City Bank N.A. Büyükdere Caddesi No 100 Esentepe / İstanbul +90 212 288 77 00 www.citibank.com.tr

Credit Lyonnais Nispetiye Cad. Özden Is Merkezi No 14 Kat 1-2 1 Levent / İstanbul +90 212 339 37 00 www.creditlyonnais.c

om.tr

Credit Suisse Büyükdere Cad. Ali Kaya Sok. Polat Plaza B Blok No 4 Kat 13 Levent / İstanbul

+90 212 278 25 00 www.csfb.com

JP Morgan Chase Bank Emirhan Cad. No145 Atakule A Blok Kat 11 Dikilitaş Beşiktaş /İstanbul

+90 212 326 83 00 www.jpmorganchase.com

Societe Generale Nispetiye Cad. Akmerkez E-3 Blok Kat 9 Etiler / İstanbul +90 212 282 19 42 -

West LB AG Ebulula Mardin Cad. Maya Park Towers II, Akatlar / İstanbul +90 212-339 25 00 www.westlb.com

Rabobank International Suleyman seba cad. Akaretler Siraevleri no 23, 80680 Besiktas / İstanbul

+90 212-3267200 www.rabobank.com

KBC BANK Bayrakli Sokak 28/3 Gaziosmanpasa / Ankara +90 312-447 09 93 www.kcbbank.com

ING-BARRINGS Süleyman Seba Cad. No 92 BJK Plaza B Blok 80680 Akaretler- Besiktas / İstanbul

+90 212-2272324 www.ing.com


Appendix H Turkish banks abroad

Bank Address Countries Telephone number Website

FINANSBANK Frankrijk 121 2000 Antwerp Belgium 070 22 44 55 www.finansbank.bePostbus 12036 1100 AA Amsterdam

The Netherlands 0900-47 11 000 www.finansbank.nl

8, rue Euler F-75008 Paris France (01) 56 89 90 90 www.banquedubosphore.frSplaiul Unirii 12, bl. B6, sector 4, 040034, Bucuresti

Romania +40 21 301 71 00 www.finansbank.ro

Business center "Paveletskaya Plaza" 2/2, Paveletskaya Square Moscow

Russia +7 (095) 725 40 40 www.finansbank.ru

12, Rue du Mont Blanc, 1211 Geneva 1

Switzerland +41 (22) 839 19 19 www.finansbank.ch

YAPI KREDI Mainzer Landesstrasse 46 - 30325 Frankfurt am Main/

Germany +49 069 971 36 0 -

Herengracht 446, 1017 CA , Amsterdam

The Netherlands +31 20 344 55 55 -

Goncharnaya Embankment 1-2 Moscow 109172

Russian Federation +70 95 915 07 12 -

GARANTI BANK

Friedrich Ebert Str. 45 (Ecke Karl Str.) 40210 Düsseldorf

Germany (49 211) 35 31 98 99 -

Fouad Edmond 8 Place Winston Churchill L-1340

Luxembourg +352 22 33 211 -

Kosmodameanskaya Naberezhnaya, 52 Building 1, Block A, 5th floor 113054 Moscow

Russian Federation +70 95 961 25 00 -

80 Rue de Rhone 1204 Geneva Switzerland +41 22 318 00 30 - Knightsbridge London SW1X 7LY

United Kingdom

+44 207 761 25 00 15 -

DEMIRHALK BANK

Parklaan 8, 3016 BB Rotterdam Netherlands +31 10 436 91 51 -

ZİRAAT BANK Am Hauptbanhof 16, 60329 Frankfurt am Main

Germany +49 69 24 26 95 00 -

Mosalarko Plaza One 16 Marksistkaya Ulitsa, 1st Floor 109147 Moscow

Russian Federation +70 95 232 67 37 www.ziraatbank.ru

Klochkov Street No: 132 Almaty 480057

Kazakhstan +(73 272) 50 60 80 www.kzibank.com

UT BANK Drujba Naradov Str. No:15/B, Tashkent

Uzbekistan +(99 871) 173 83 24 www.utbk.com

TTC-BANK Mahdumguly Avenue 111/2 744000 Ashgabat

Turkmenistan +(99 312) 51 10 19 -

TÜRKİYE SEHİMDAR KOMMERSİYA BANK

İslam Seferi Str. 5, 370005 AZ 1005 Bakü

Azerbaijan

+(99 12) 497 43 16 -

BANQUE DU BOSPORE

8 Rue Euler F – 75008 Paris France +(99 331) 56 89 90 90 www.banquedubosphore.fr

İŞBANKASI

Türkiye İş Bankası A.Ş London Branch 8 Princess Street London EC2R 8HL

England +44 207 606 71 51 -


Türkiye İş Bankası A.Ş Bahrain Offshore Branch Al jasrah Tower, 8th Floor Diplomatic Area P.O Box 10205 Manama

Bahrain

+973 17 549 222 -

Girne caddesi No.9 Lefkoşa TRNC +392 228 31 33 - Şehit Mustafa ruso Cad. No:13 Muhtar Yusuf Galeria Küçükkaymaklı

Lefkoşa+392 227 04 15 -

Rossmarkt 9 60311 Frankfurt /Main

Germany +49 69 29 90 10 -

Frederiksplein 1, 1017 XK Amsterdam

The Nederlands +31 20 530 63 33 -

3, rue Scribe 75009 Paris France +33 1 43 12 93 70 - Löwen Str. 61 Postfach 6275 CH-8023 Zürich

Switserland +41 1 226 41 01 -


Appendix I Trade Commissions and businessmen associations

Australian Consulate Trade Commission Büyükdere Caddesi 100-102 Maya Akar Center B Blok Kat 11 Nr. 51 80280 Esentepe – İstanbul Tel: +90 212 211 1476 Email: [email protected]/

German Turkish Chamber of Commerce and Industry Muallim Naci Cad. 40 / TR-34347 Ortaköy – İstanbul Tel: +90 212 259 1195 Email: [email protected]/tr/index.asp

English Chamber of Commerce Mesrutiyet Caddesi, 18, Asli Han, Kat 6 Galatasaray 80050 İstanbul Tel: +90 212 249 0420 Email: [email protected]

France Turkish Chamber of Commerce Tel: +90 212 2492955 Email: [email protected]/turquie/

Spanish Chamber of Commerce Istanbul Tel: +90 212 296 6161 Email: [email protected]

Israel Commerce of AnattachéTel: +90 212 317 65 13 Email: [email protected]/turkey

Italian Trade Commission Mete Caddesi No:20, Kat:6 80900 Taksim - İstanbul Tel: +90 212-251 2951 Email: [email protected]

JETRO - Japan External Trade Organization Istanbul Office Büyükdere Cad.Maya Akar Center Kat:14, D.54, Esentepe – İstanbul Tel: +90 212-275 5180

www.jetro.go.jp/turkey/turkindex.html

Sweden Consulate Commerce Center Ayazaga yolu, Iz Plaza Giz No:4/58 Maslak TR-34398 Istanbul Tel: +90 212 329 8220 Email: [email protected]/turkey

Taiwan Trade Center Eski Büyükdere Cad. Ayazaga Yolu, Giz 2000 Plaza Kat: 8 80670 Maslak, İstanbul Tel: +90 212 290 6042 Email: [email protected]



BusinessmenassociationsISIAD,Iran Commercial andBussinesmenAssociation

Büyükdere Cad.Oya sk. Devran ap.No.2/1 K.3 D.5Mecidiyeköy-İstanbul

(90) 212 217 60 20pbx [email protected]

http://www.isiad.org/T/hosgeldiniz.htm

TABA-AMCHAM,Turkey – AmericanAssociationCommerciale

-

+90 212 291 09 16 [email protected]

www.amcha.org.tr

Turkey-BelgiumAssociationCommerciale

- +90 212 274 9592/93

[email protected]

www.turk-belcika.org

Turkey-FranceAssociationCommerciale

Istiklal Caddesi n°8- Taksim, 80090İstanbul

+90 212-49 29 [email protected]

www.ccife.org/turquie/

Turkey SwedenAssociationCommerciale

Abide-i HürriyetCaddesi No:9 PolatCelil Ağa İş HanıK:11 D:45 80310Mecidiyeköy –İstanbul

+90 212-211 14 35 /212-217 43 87 [email protected]

www.tr-ch.org

Ukraine -TurkeyAssociationCommerciale

Fatih Cad. No:15-14Merter/İstanbul

+90 212-5078722212-507 87 72 -64390 09

[email protected];[email protected]

www.ukrayna-turk.com


Appendix J Foreign embassies in Turkey

Embassy of Address Telephone number Fax number E-mail Website

AUSTRALIA Nenehatun Cad., No. 83,Gaziosmanpaşa +90 312 446 11 80 87 +90 (312) 446 11 88 [email protected] http://www.embaustralia.org.tr/

AUSTRIA Ataturk Bulvari no 189,Kavaklıdere / Ankara +90 312 419 04 31 +90 312 446 80 71 [email protected] http://www.austria.org.tr

BELGIUMMahatma Ghandi Cad.no 55, Gaziosmanpasa /Ankara

+90 312 446 82 47 +90 312 446 01 50 [email protected] http://www.diplomatie.be

CANADACinnah Caddesi no: 5806690, Cankaya /Ankara

+90 (312) 409 27 00 +90 312 446 44 37 [email protected]://www.dfait-maeci.gc.ca/canadaeuropa/turkey/

CHINA Golgeli Sok.no 34Gaziosmanpasa / Ankara +90 312 436 03 28 +90 312 446 42 48 [email protected] -

DENMARK Kirlangic Sok. no 42Gaziosmanpasa / Ankara +90 312 468 77 60 +90 312 468 45 59 [email protected] http://www.danimarka.org.tr/

FINLANDKader Sokak No.44,06700, Gaziosmanpasa /Ankara

+90 312 426 19 30 +90 312 426 74 22 [email protected] http://www.finland.org.tr/en/

FRANCE Paris Cad. no 70Kavaklidere / Ankara +90 312 468 11 54 +90 312 467 94 34 - www.ambafrance-tr.org

GERMANYAtatürk Bulvarı 114Kavaklıdere 06690 /Ankara

+90 312 455 51 00 +90 312 426 69 59 [email protected]

http://www.germanembassyank.com

GREATBRITAIN

Şehit Ersan Caddesi 46/ACankaya 06680 /Ankara

+90 312 455 33 44 +90 312 455 33 56 - http://www.britishembassy.gov.uk/

GREECEZia Ur Rahman Cad.No:9-11 06700Gaziosmanpaşa / Ankara

+90 312 436 88 602 +90 312 446 31 91 [email protected] -

ISRAELMahatma Ghandi Cad. no

85 Gaziosmanpasa /Ankara

+90 312 446 36 05 +90 312 446 80 71 [email protected] -


ITALYAtatürk Bulvarı n. 118 -Kavaklıdere 06680Çankaya / Ankara

+90 312 426 54 60 +90 312 426 58 00 [email protected] http://www.itaamb.org.tr

JAPANJaponya Büyükelçiliği,Reşit Galip Caddesi,No:81, G.O.P. / Ankara

+ 90 312 446 05 00 + 90 312 437 18 12 [email protected] http://www.tr.emb-japan.go.jp/

THENETHERLANDS

Hollanda Caddesi 3,Yildiz, 06550 / Ankara +90 312 409 18 00 +90 312 409 18 98 [email protected] http://www.nl.org.tr/tr/indextr.htm

NORWAY Kırkpınar Sokak no:18,06540 Cankaya / Ankara +90 312 405 80 10 +90 312 443 05 44 [email protected] http://www.norway.org.tr

POLANDAnkara, Atatürk Bulvarı241, Kavaklıdere PostaKutusu 20

+90 312 467 56 19 +90 312 467 89 63 [email protected] http://www.polonya.org.tr

PORTUGAL Embassy: Kuleli Sok. no26 Kavaklidere / Ankara +90 312 446 18 90 +90 312 446 36 70 - -

RUSSIAEmbassy: Kayaci Sok. no5, 06692, Зankaya (P.K.35 Kavaklıdere) / Ankara

+90 312 439 21 22 +90 312 438 39 52 [email protected] http://www.turkey.mid.ru/tur.html

SPAIN

Embassy of Spain inAnkara,TurkeyAbdullah Cevdet Sok. No:8 06680 Çankaya /Ankara

+90 312 438 03 92 +90 312 439 51 70 [email protected] -

SWEDEN Katip Celebi Sokak 7Kavaklidere / Ankara +90 312 455 41 00 +90 312 455 41 20 ambassaden.ankara@fore

ign.ministry.sehttp://www.swedenabroad.com

SWITZERLAND

Embassy of SwitzerlandAtatürk Bulvari 247TR-06692 Kavaklidere,Ankara

+90 312 467 55 55 +90 312 46 11 99 -http://www.eda.admin.ch/ankaraemb/e/home.html

U.S.A.110 Ataturk Boulevard,Kavaklidere / Ankara06100

+90 312 455 55 55 +90 312 467 00 19 - http://www.usemb-ankara.org.tr/


Appendix K Foreign consulates in Turkey

Consulates Address Telephonenumber Fax number Website

AUSTRALIA Tepecik Yolu no 58, 80630 Etiler / İstanbul +90 212 257 70 50 +90 212 257 7054 -

AUSTRIA Köybasi Cad. no 46,80870Yenikoy / İstanbul +90 212 262 93 15 +90 212 262 49

84 -

BELGIUM Siraselviler Cad. no 73Taksim / İstanbul +90 212 243 33 00 +90 212 243 50

74 [email protected]

CHINA Memduh Paşa Yalısı Mısırlı Cad. Sarıyer / İstanbul +90 212 299 21 88 +90 212 299 2633 [email protected]

DENMARK Bilezik Sok. no 2, Findikli / İstanbul +90 212 245 03 85 +90 212 293 4624 -

FINLAND Camlik Cad.Ayaz Sok. no 2/4, Levent / İstanbul

+90 212 283 57 37 +90 212 283 5739 -

FRANCE İstikläl Cad. no 8 Taksim / İstanbul +90 212 292 48 10 +90 212 249 9168 -

GERMANY İsmet İnonu Cad. no 16 Gümüssuyu / İstanbul +90 212 25154 04/ +90 212 249 9920

http://www.almanbaskonsoloslugu-istanbul.org.tr/

GREATBRITAIN

Mesrutiyet Cad. no 34 Tepebasi, Beyoglu / İstanbul +90 212 334 64 00 +90 212 334 6401 -

GREECE Turnacibasi Sok. no 32 Galatasaray / İstanbul +90 212 245 05 96 +90 212 252 1365 -

ISRAEL ValikonağıCad. No: 73/4 Nişantaşı / İstanbulP.K:473 Şişli 80224

+90 212 225 10 / +90 212 225 1048

-

ITALY Tomtom Kaptan Sok. no: 15 Beyoglu / İstanbul +90 212 243 10 24/ +90 212 252 5879 -

JAPAN İnonu Cad. no 24,Gümüsuyu / İstanbul

+90 212 251 76 05/ +90 212 252 5864

-

THENETHERLANDS

İstiklal Cad. no 393 Beyoglu / İstanbul +90 212 251 50 30 +90 212 251 9289 [email protected]

NORWAY Bilezik Sok. 2 Findikli / İstanbul +90 212 249 97 53 +90 212 249 44 -


34

POLAND Buyuk Ciftlik Sok. no 5/7 Nisantasi / İstanbul +90 212 240 79 56 +90 212 233 0618 -

PORTUGAL Consulate: Okcu Musa Cad. Nor Han no 52/2Bankalar, Karako / İstanbul +90 212 250 11 30 +90 212 255 50

64 -

RUSSIA Consulate: Istiklal Cad. no 443 Beyoglu / İstanbul +90 212 244 16 93 +90 212 249 0507 [email protected]

SPAIN Cumhuriyet Cad. no 233/4, Ferah Apt. Daire 4,Harbiye / İstanbul +90 212 225 20 99 +90 212 225 20

88-

SWEDEN Consulate: İstikläl Cad. no: 497 Tunel / İstanbul +90 212 243 57 70 +90 212 252 4114

-

SWITZERLAND Husrev Gerede Cad. no 75/3Tesvikiye / İstanbul

+90 212 259 11 15/ +90 212 259 1118

-

THE UNITEDSTATES OFAMERICA

Mesrutiyet Cad. no 104 Tepebasi / İstanbul +90 212 251 36 02/ +90 212 251 3218

-


Appendix L Turkish consulates abroad

Consulates Address Telephonenumber

Fax number E-mail Website

AVUSTRALİA 6 Oceaan Street,Woollahra NSW 2025

+02 932 811 55 +02 936 245 33 [email protected] -

AUSTRİA Arlbergstrasse 177, A6900 Bregenz

+43 557 442083 +43 557 442 441 [email protected] -

BELGİUM 4, rue Montouer 1000Brussel

+02 513 6812 +02 502 2742 [email protected] -

BULGARY BoulevardDemokratsia No:38,Burgas

+359 56879940 +359 56821700 [email protected]

DENMARK Vestagervej 16,2100-Copenhagen Ø.

+45 3920 5500 45+ 3920 1017 [email protected] http://www.turkembassy.dk/consular.htm

ENGLAND Rutland Lodge,Rutland Gardens,Knightsbridge,London SW7 1BW

020 75916900 020 7591 69 11 [email protected] http://www.turkconsulate-london.com/

FRANCE 184, BoulevardMalesherbes 75017Paris

01 56 33 33 33 - [email protected] http://www.tcparbsk.com/

GERMANY Johann-Georg-Str.12,10179 Berlin +49 30 2291861 +49 890 40 699 [email protected] http://www.tcberlinea.de/

GREECE Vasileos Pavlou, 22Paleo Psihiko /Athens

+302106714828 +302106776430 [email protected] -

IRAN Khahıyabani Shediddr. Beheshti No: 30Urumiye

+984412228970 +984413469595 [email protected] -

ISRAEL Sheik Jarrah,Nashashibi Street +97225321087 +97225820214 [email protected] -


No:20, P.O. Box:19031 Jeruzalem, ViaIsrael

ITALY Via Larga, 19, 20122Milano +39025821201 +39025821201 [email protected] -

THENETHERLANDS

Westblaak 2, 3012Rotterdam

+31 104132270+31 102177700

+31 104114417 [email protected] http://www.turkishconsulate.nl/Rotterdam/default.htm

PAKISTAN House No:F-71/1,block No:7, KDAScheme No:5 Clifton

+92215874334 +02215874691 [email protected] -

ROMENIA B-dul Ferdinand 82,8700 Constanta

+40241607910 +40241615367 [email protected] -

RUSSIANFEDERATION

Ulitsa Karla Marksa71, Kazan-Tataristan420015

+78432644640 +78432642511 [email protected] -

SWITSERLAND Weinbergstrasse 65,8006 Zürich

01 368 29 00 01 368 29 19 [email protected] http://www.trkonsulat-zurich.ch/

U.K Rutland Lodge,Rutland Gardens,Knightsbridge,London SW7 1BW

020 75916900 020 7591 69 11 [email protected] http://www.turkconsulate-london.com/

U.S.A 821 United NationsPlaza New York, NY10017

(212) 949 01 60 (212) 983 1293 [email protected]://www.turkishconsulates.net/


Appendix M Turkish embassies abroad

Country Address Telephonenumber Fax number E-mail address Website

AUSTRALIA 60 Mugga Way, RedHill A.C.T. 2603,Canberra

02 6295 0227 02 6239 6592 [email protected] http://www.turkishembassy.org.au

AUSTRIA Prinz Eugen Strasse40, 1040 Wien +43 150 573 38 +43 150 536 60 - -

BELGIUM 4, Rue Montoyer1000 Brussel

+32 2 506 11 20 +32 2 514 07 48 [email protected] http://www.turkey.be

BULGARIEBoulevard VasilLevski No.80 1000Sofia

+359 29 80 2270 +359 29 81 93 58 [email protected] -

CHINASan Li Tun Dong WuJie No : 9 100600Beijing (Pekin )

+861 065 32 2650 +861 065 32 54 80 [email protected] -

DENMARK Rosbaeksvej 15,2100 Copenhagen 0 +45 39 20 27 88 +45 39 20 51 66 [email protected] http://www.turkembassy.dk/

ENGLAND43 Belgrave SqouareLondon SWIX 8 PA

+44207 393 0202 +44207 393 00 66 turkish.Temsilcilik@virgin.

nethttp://www.turkishembassy-london.com

FINLAND Puistokatu 1 B A300140 Helsinki

+358 965 57 55 +358 965 50 11 --

FRANCE16, Avenue deLamballe 75016PARIS

+331 452 452 24 +331 452 452 24 [email protected] -

GERMANY Rungestr.9, 10179Berlin

+49 30 275850

+49 30 275 90915

[email protected] http://www.tcberlinbe.de/

GREECE8, VassileosGheorgiou Bstr.10674 Athens

+301 726 3000

+301 722 95 97 [email protected] http://www.tcmadridbe.org/

IRAN Ave. Ferdowsi, No:314 P.O.Box 11365- +982 1311 89 97 +9821 311 79 28 [email protected] -


8758

IRELAND11, Clyde Road,Ballsbridge Dublin 4,Ireland

+353 166 852 40 +353 166 850 14 - -

ISRAEL202 Hayarkon St.P.O.Box 649161064 Tel Aviv

+9723 524 11 01 +9723 524 13 90 [email protected] -

ITALY Via Palestro, 2800185-Rome +3906 494 15 47 +3906 494 15 26 [email protected] -

JAPAN33-6,2 Chome,Jingumae Shibuya-Ku Tokyo

+813 34 70 5131 +813 34 70 53 80 [email protected] http://www.turkey.or.jp/

KUWAIT Safat, 13067 Kuwait +965 253 17 85 +965 256 06 53 [email protected] http://www.turkish-embassy.org.kw/

LUXEMBOURG

20, Rue MarieAdelaide L-2128Luxembourg

+352 44 32 81 +352 44 32 28 11 [email protected] -

THENETHERLANDS

Jan Everstraat 2514BS The Hague

+3170 360 49 12 +3170 361 79 69 [email protected] -

OMAN

P.O. Box : 47Postal Code: 115MSQ MuscatSultanate of Oman

+968 697 050 +968 697 053 [email protected]

http://www.turkishembassyoman.org/

PAKISTAN Diplomatic EnclaveI, Street I, Islamabad +51 227 87 48 +51 227 87 52 [email protected].

pkhttp://www.turkishembassy.org.pk/Home.php

PORTUGAL

Avenida dasDescobertas 22Restelo, 1400-092Lisboa

+351213003 110 +351 213 017 934 [email protected] http://turquia.planetaclix.pt/

SOUTHAFRİCA

PO Box 56014Arcadia0007 Pretoria SouthAfrica

+27 12 342 6053 +27 12 342 60 52 [email protected] http://www.turkishembassy.co.za/

SPAIN Calle Rafael Calvo18-2

+34 91 3198064 +34 91 308 66 02 [email protected] http://www.tcmadridbe.org/


A Y B Madrid 28010

SLOVENİA Livarska 4, 1000Ljubljana

+386 1 236 4150 + 386 1 436 5240 [email protected] http://www.turkish-embassy.si

SUISSE Lombachweg 33,3006 / Berne

+4131 350 7070

+4131 352 8819 [email protected] http://www.tr-botschaft.ch/

SWEDENDag HammrskjöldsVag 20 115 27Stockholm

+468 23 08 40 +468 663 55 14 [email protected] -

ROMANIA Calea Dorobantilor,72 Bucharest +401 210 65 68 +401 210 04 07 [email protected] -

RUSSIA7. RostovskiyPereulok 12Moscow

+7095 246 00 09 +7095 245 65 02 [email protected] http://www.turkishline.ru/embassy/

YUGOSLAVIE

UL. ProleterskihBrig, 11000BelgradeYougoslavie

+3811 33 54 31 - - -

U.S.A.

2525 MassachusettsAvenue, N.W.Washington, D.C20008

+202 612 67 00 +202 612 67 [email protected] http://www.turkishembassy.org/

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Appendix N Useful internet sites

Public OfficesCentral Bank http://www.tcmb.gov.trTreasury http://www.treasury.gov.trCustoms http://www.gumruk.gov.trPatent Institute http://www.turkpatent.gov.trState Institute of Statistics http://www.die.gov.tr

ITO – The Istanbul Chamber of Commerce www.ito.org.trIGEME – Export Promotion Center of Turkey www.igeme.org.trYASED – Foreign Investors Association www.yased.org.trDEIK – Foreign Economic Relations Board www.deik.orgTUSIAD – Turkish Businessman Association www.tusiad.org.trUndersecretariat of Customs www.gumruk.gov.tr/Turkish Treasury www.treasury.gov.trThe Grand National Assembly of Turkey http://www.tbmm.gov.tr

Science & EducationTurkish Counsel of Higher Education http://www.yok.gov.trTurkish Academy of Science http://www.tuba.gov.trMinistry of national Education http://www.meb.gov.trMarmara Research Center http://www.mam.gov.tr

Turkish American OrganizationsAssembly of Turkish American Associations http://www.ataa.orgThe American Turkish Council http://www.americanturkishcounsil.orgFederation of Turkish American Associations http://www.ftaa.orgTurkish American Business Forum http://www.forum.orgAtaturk Society of America http://www.ataturksociety.orgIntercollegiate Turkish Students Society http://www.itss.org

OtherCapital Market Board http://www.spk.gov.trCompetition Authority http://www.rekabet.gov.trGeneral Directorate of Press and Information http://www.byegm.gov.tr


State Planning organization http://www.dpt.gov.trForeign Trade http://www.foreigntrade.gov.trThe Scientific and Technical Research http://www.tubitak.gov.tr

Istanbul Stock Exchange http://www.imkb.gov.trPrivatization Administration http://www.oib.gov.trTurkish Armed Forces http://www.tsk.mil.trSecratariat of National Intelligence Organization http://www.mit.gov.trGeneral Directorate of Security http://www.egm.gov.trSecretariat of Defense Industries http://www.ssm.gov.trDepartment of Religious Affair http://www.diyanet.gov.tr


Appendix O Real Estate expertise of ABC CONSULTANCY

A professional team of lawyers of ABC Consultancy investigates and reports you in your own language the following issues regarding the object that you wantto purchase:

• Investigation regarding the ownership;• Investigation regarding the legal restrictions, like mortgage, attachments, distraints;• Investigation regarding other restrictions, like registered rent or loan contracts;• Investigation regarding protected areas, archeological areas, etc;• Investigation regarding the development plan and building permissions;• Investigation regarding Iskan (living permit)• Investigation regarding openstanding tax, electricity, water payments;• Investigation reagarding the legal enforcement of the ‘sales’contract that has been offered to you

If necessary we can stand you by with making you an enforceable purchase agreement or other agreements in order to protect you for any bad bargain in thefuture.


Appendix Q Copyright

The information in this handbook is current at December 2005. All information is subject to change and intended to provide a general outline only. Readers arestrongly advised to obtain professional legal and/or business advices if they intend to live and work in Turkey. This handbook has to be used as a guidelineand no responsibility will be taken for any steps and actions taken without any advice from ABC CONSULTANCY.

All information contained in this publication is copyrighted in the name of ABC CONSULTANCY and as such no part of this publication may be reproduced,redistributed, resold in whole or in any part, or used in any form or by any electronic or mechanical, including photocopying, recording, taping or by informationstorage or retrieval or by other means, without the written consent of the publisher.

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Your Guide in Turkey