TURKISH REPRESENTATIVES AND BRANCHES OF FOREIGN ASSOCIATIONS AND FOUNDATIONS

Opening branches of foreign associations in Turkey and, of course, branches and representations of foreign associations and foundations is a process that is frequently encountered and includes very important procedures. It is possible for foreign associations and foundations to open branches and representative offices in Turkey after the relevant procedures are completed and the necessary permits are obtained.

In our article, we have explained in detail the application and permission stages required for foreign associations and foundations to open branches and representative offices in Turkey. We recommend that you read our article carefully to have information about this process, which consists of highly technical stages.

The procedures regarding the opening of branches and representative offices by foreign associations and foundations in Turkey are quite technical and comprehensive. The process starts with the application and making this application completely and correctly is very effective in obtaining the permission. For this reason, it is important for foreign associations and foundations to open branches and representative offices in Turkey through a foreigners' lawyer.

Obligation of Foreign Foundations to Obtain Permission

In order for foreign foundations to operate directly in Turkey, to establish representative offices, to open branches, to establish higher organizations, and to cooperate with established foundations, they must first seek the opinion of the Ministry of Foreign Affairs and then give permission for these transactions.

In addition, in order for foreign foundations to make such a request, it should be beneficial to cooperate in the international arena and this should include reciprocity. In this way, the provisions regarding foundations in the Turkish Civil Code are applied to foundations that start operating in Turkey after obtaining permission from the Ministry.

Application of Foreign Foundations to Open a Branch or Representative Office in Turkey

Foreign foundations apply to the Ministry of Interior after the necessary documents are collected for their requests regarding the opening of representative offices and branches in Turkey. It is obligatory to include the status of the foundation, such as the title of the foundation, its founders, managers, book records, and the place of residence of the foundation, in the application. The application can be made to the Ministry directly or by mail.

Upon the application made by the foreign foundation, the Ministry of Interior examines the application form and other relevant documents. If the Ministry detects a defect, this defect is made up. Then, an evaluation is made by the Ministry of Interior by taking the opinion of the Ministry of Foreign Affairs regarding the application made by the foreign foundation.

If the evaluation made by the Ministry of Interior regarding the application of the foreign foundation is positive, the foreign foundation will have received permission to operate in Turkey. The decision of the Ministry also includes information on the type, scope and duration of the permit. Permissions for opening a representative office or branch are indefinite.

Upon the positive result of the application, the decision made is notified to the applicant. In addition, the result is notified to the relevant governorship within 10 days, together with the application form and other documents required for application.

If the permission given by the Ministry is for a period of time, this period can be 5 years at the most. If necessary, the Ministry has the authority to extend this period in cases where the period is insufficient. The request to extend the period must be made at least 3 months before the expiry of the period. The request must be made in writing and must also be justified.

Annual Reports of Foreign Foundations

Foreign foundations that have duly filed their applications and then obtained permission to operate in Turkey are obliged to make a notification at the end of each year regarding those that require expenditure in their activities during that year. This notification is made to the governorship where the foundation's head office is located. The Governorship sends the documents related to this notification to the Ministry.

In addition, it is obligatory to send copies of written and visual publications regarding every activity of foreign foundations allowed to operate in Turkey to the Ministry.

Obligation of Foreign Associations to Obtain Permission

For foreign associations to operate in Turkey, to open representative offices or branches, the Ministry's permission is required by taking the opinion of the Ministry of Foreign Affairs. In this way, the provisions of the legislation applicable to associations established in Turkey shall be applied to associations operating in Turkey by obtaining proper permission.

Application of Foreign Associations to Open a Representative Office or Branch

Foreign associations apply to the Ministry of Interior after the necessary documents are collected for their requests regarding the opening of representative offices and branches in Turkey. It is obligatory to include the status of the association, such as the title of the association, its founders, directors, book records, and the place of residence of the association. The application can be made to the Ministry directly or by mail.

The application made by the foreign association to operate in Turkey and the other documents attached to the application are examined by the Ministry of Interior. If a defect is detected during the examination, these deficiencies are made up. Then the opinion of the Ministry of Foreign Affairs is taken.

After receiving the opinion of the Ministry of Foreign Affairs, the Ministry of Interior makes an evaluation regarding the application. If the evaluation made by the Ministry is positive, the positive decision regarding the type, scope and duration of the permission granted to the foreign association to operate in Turkey is added.

After the application ends with a positive decision, this situation is notified to the applicant. In addition, the relevant governorship is notified within 10 days, together with the application form and other documents attached to the application.

If the permission given by the Ministry is given for a certain period of time, this period can be 5 years at the most. However, if the time given by the Ministry is insufficient, it is possible to extend this period. What needs to be done for the extension of the insufficient time is to make a written request regarding this. This request must be justified and must be made at least 3 months before the deadline.

Annual Reports of Foreign Associations

Foreign associations that are allowed to operate in Turkey, just like foundations, are obliged to make a notification at the end of each year regarding the activities that require expenditure related to that year. This notification is made to the governorship where the headquarters of the association is located. The Governorship sends all the documents related to the notification to the Ministry.

In addition, foreign associations that are allowed to operate in Turkey are obliged to send copies of their written and visual publications to the Ministry regarding every activity they do.

Final Considerations

Above, we explained what needs to be done for foreign associations and foundations operating abroad to open branches and representative offices in Turkey. The process of opening branches and representative offices of foreign associations and foundations in Turkey requires a very technical and comprehensive study. For this reason, what needs to be done in order to prevent possible problems that may occur and complete the transactions correctly is to ask the lawyer beforehand.

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