1. COMMERCIAL ENTERPRISE
Dr. Özlem Döğerlioğlu Işıksungur
Yaşar University Commercial Law Lecture Notes Spring

2. ENTERPRISE
Capital
Labor
Entrepreneur
Organisation
Specific purpose

3. 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

4. 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.”

5. 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

6. 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).

7. 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

8. 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

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

10. 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/ Official Gazette , S )
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.)