COMMERCIAL ENTERPRISE Dr. Özlem Döğerlioğlu Işıksungur Yaşar University Commercial Law Lecture Notes 2011-2012 Spring

ENTERPRISE Capital Labor Entrepreneur Organisation Specific purpose

DEFINITION OF “COMMERCIAL ENTERPRISE” Concept of “commercial enterprise” DEFINED Neither in the Turkish Commercial Code (TCC) Nor in the Register of Commerce Regulation Indirect definition in Article 14 of Regulation Concept of “commercial enterprise” DEFINED in New Turkish Commercial Code (NTCC) CURRENT TURKISH COMMERCIAL CODE NO 6762 NEW TURKISH COMMERCIAL CODE NO 6102

DEFINITION Article 11 of New Turkish Commercial Code (NTCC) “An enterprise that will be operated permanently and independently aiming to generate income which exceeds the limit prescribed for the craftsman enterprises.”

ELEMENTS OF “COMMERCIAL ENTERPRISE” There are four components of commercial enterprise: Economic activity- It must be “generate income oriented” It must be continuous It must be independent Its scope must exceed the craftman’s scope of activities

ELEMENTS: 1-Economic Activity The main purpose and objective of commercial enterprise must be to generate income. What should be taken into consideration? Purpose/Intention of the entrepreneur is of importance Result is not of importance (to profit or to lose money).

ELEMENTS: 2-Continuity Commercial enterprise must have been established to operate continuously (not temprorary or fortuitous). What should be taken into consideration? Intention and nature of the undertaking Disruption of the operation? Periodical activities? Running school buses for the students during the periods when the schools are open Operating hotels in winter

Question- Is it a commercial enterprise? Why? A bookstore makes a loss. A company spents his profit to poor person A drugstore established for distribution of free medicine A bakery operating by Municipality A bakery operating by a doctor (self-employed person) A restaurant services only the school time. The Kemeraltı branch of Garanti Bank A.Ş THY Kadıköy Agency Dormitory operated by Charity House earnes money A has 30 concert tickets and sells and earns money Manufacturing center of X Textile Export-Import Lımıted Liability Company

ELEMENTS: 3-Independency The organisation must be independent from any other Independency for entrepreneur& enterprise Workers? Branches?

ELEMENTS:4- Exceeding of the craftman’s scope of activities Distinction concernig whether an enterprise is a commercial enterprise or craftsman enterprise shall be made according to the Council of Ministers Decree Currently such kind of decree is not be published Until its publication legislation in effect shall be applied ( Decision No: 2007/12362- Official Gazette 21.7.2007, S. 26589) Takes place in the craftsmen and artisans group Economic activity depends on capital and physical activity Earning is below the amount for merchant exempted from income tax Basic method application of income tax (Commercial earnings acquired on simple earnings basis, represents the positive difference between the revenues generated and the expenses incurred and the acquisition costs of the goods sold within one account period.)