Dr. Özlem Döğerlioğlu Işıksungur Spring

What is Trade-name? Trade-name is a name that is used by merchant uses It is different from “enterprise-name”

Trade-name&Name Name Trade-name It is not possible to sell & transfer Exceptionally, different people may have same name&surname One person has one name&surname You may sell and transfer with commercial enterprise It is not possible for two person to use the same Trade- name. Merchant will use different trade-name for each commercial enterprise

Where is it regulated? It is regulated in Article of TCC.

What is enterprise name? Regulated in Article 53 of TCC

Composition of the Trade-name Composition of Trade name for Real Person Merchant Legal Person Merchant Commercial companies Associations & Foundations which operate commercial enterprise to achieve their targets Entities which are formed by State, Private Provincial Administration, Municipality, Village and other public corporations to be operated in a commercial manner or pursuant to their statutes of foundation to be managed according to private law

Composition of Trade-name Core Annex Trade- name

Composition of Trade-name Real Person Merchant Who is real person merchant?

Composition of Trade-name for Real Person Merchant Name Ahmet Surname Güzel Trade- name Ahmet Güzel

Composition of Trade-name for Real Person Merchant Regulated in Article 41 of TCC Name + Surname No abbrevation related to name&surname Annexes according to Article 46 of NTCC

Composition of Trade-name Legal Person Merchant Who is legal person merchant?

Composition of Trade-name Legal Person Merchant What are names of the commercial companies?

Commercial Companies Collective Company Commandité Company Limited Liability Company Join Stock Company Co-operatives

Composition of Trade-name Legal Person Merchant- Collective Company What is the definition of “Collective Company”? Article 212 of TCC

Composition of Trade-name Legal Person Merchant- Collective Company At least one of the partners Name&Surname İbrahim Okur ve Ortakları Types of the Company Collective Company Trade-name İbrahim Okur ve Partners Collective Company

Composition of Trade-name Legal Person Merchant- Collective Company Only real persons may be partner Ahmet Yılmaz ve Hasan Çelebi Collective Company Ahmet Yılmaz Collective Company Ahmet Yılmaz & Partners Collective Company

Composition of Trade-name Legal Person Merchant- Commandité Company What is the definition of “Commondité Company”? Article 304 of TCC

Composition of Trade-name Legal Person Merchant- Commandite Company At least one of unlimited liable partners’ Name&Surname İbrahim Okur ve Ortakları Types of the Company Commandite Company Trade-name İbrahim Okur ve Partners Collective Company

Composition of Trade-name Legal Person Merchant- Commandité Company Limited liable Commanditer partners’ name shouldn’t take place in the trade-name- Forbidden (Article 42.2) If it is written in the tradename, the limited liable commanditer partner shall be liable to third parties as if he/she is unlimited liable commandite partner Punitive sanction.

Composition of Trade-name Legal Person Merchant- Limited Company Subject of company İthalat- İhracat Types of the Company Limited Company Trade-name İthalat-İhracat Limited Company

Composition of Trade-name Legal Person Merchant- Joint Stock Company Subject of company İthalat- İhracat Types of the Company Joint-Stock Company Trade-name İthalat-İhracat A.Ş

Composition of Trade-name Legal Person Merchant Question: Which one is true? Why? 1- Ahmet Yılmaz Anonim Şirketi. 2- Ithalat İhracat Anonim Şirketi 3- Ithalat İhracat A.Ş. 4- Ahmet Yılmaz Makine Sanayi Anonim Şirketi 5- Ahmet Yılmaz Makine Sanayi A.Ş

Composition of Trade-name Annex General Rule: It is not obligatory. It is optional Article 46.1 of NTCC Mühendis Ali Yılmaz and Partners Inşaat Collective Company Yaldız Ithalat ve Ihracat Anonim Şirketi Annex usage conditions (annex related to identification of the merchant, financial situation, size and importance of the enterprise): Shouldn’t be deceptive Shouldn’t be inaccurate Shouldn’t be contrary to the public policy

Composition of Trade-name Annex Obligatory Annex- it should be used in the trade-name “In liquidation” The company in liquidation should mention this situation in the trade-name “Branch” Türkiye Vakıflar Bankası T.A.O Cebeci Branch “Head Office” In case of the head office is abroad, the Branch in Turkey, should mention in their trade-name the place of head office and branch Ör. The ……….. Bank N.A, Head Office: New York, Ankara Branch Add annex to distinguish the trade name from the one that had registered before yours. İthalat-İhracat A.Ş ---- İzmir İthalat İhracat A.Ş Prohibitted Annex Permission from the Council of Ministers is necessary to use the following words“ Türk, Türkiye, Cumhuriyet ve Milli” as a trade-name Deceptive & inaccurate annexes are forbidden Usage of Dr. Although he/she is not Dr. Optional Annexes

Registration to the Register of Commerce Article 40.1 of TCC What Trade-name selection and registration When: within 15 days from the opening date of commercial enterprise Where: register of commerce (where head office of commercial enterprise is take place) Form: Article 40.2 of TCC