Trade Name (The commercial firm name)

1. Trade Name(The commercial firm name) Firm name is the name of the merchant under which he operates his business. Every merchant must register his firm name in the commercial registry within 15 days of the establishing the business and must publish it The registered firm name must be posted on an easily visible place at the front of the business.

2. *Thefirm name consists of an essential part(core) and an addition.The words “Turk”, “Turkish”, “Republic”, and “National” may be included in the firm name upon the decision of the Counsil of Ministers.

3. When the firm name is owned by a singlemerchant, the essential part of the firm name must consist of the first name and family name. Besides the essential part, the merchant may include an addition in accordance with art.48. Essential part + Addition Ahmet Er + tuhafiye mağazası

4. When an ordinary partnership (adi şirket) transacts commercial business, the firm name can not consist of the name of more than one individual.For example: Ahmet Er ve Ortakları Tuhafiye Mağazası

5. The firm name of a general partnership (kollektif şirket) consists of the full names of all partners or at last one partner’s name with an addition indicating the existence of a general partnership. • For example: Ahmet Ökmen ve Mehmet Sert Kollektif Şirketi Ahmet Ökmen Kollektif Şirketi İthalat ve İhracat Kollektif Şirketi

6. Limited liability companies (limited şirket) and stockcorporations (anonim şirket) are free to choose their firm name subject to the condition that they include the kind of business and the designation “limited şirket” or “anonim şirket” İthalat ihracat anonim şirketi + Ahmet Ökmen Anonim şirketi -

7. Branch offices should be registered in the registry of commerce where they are located.TürkTicaret Bankası A.Ş.Alsancak Şb. addition (with permission Compulsory addition Essential part (core) Essential part (core)

8. Corporate title (işletme adı) This is different from trade name in the sense that it is related not to the merchant however to establishment. Corporate title is mainly used to introduce or promote the establishment.

9. Using corporate title is not obligatory but when it is used it should be registered in the commercial registry. The craftman (tradesman)may also corporate title. Sakarya eczanesi, altınkapı lokantası, deniz nakliyat....

10. Commercial RegistryCommercial registry (ticaret sicili): public registry where various data on commercial undertakings and merchants is required to be registered. All merchants need to register their names, trade names, head offices, subject matter and time of continuation, directors, representatives, details about establishment of business associations, bankruptcy, increase in capital, mergers etc. Most of the things registered in the commercial registry also need to be published. This happens in the Commercial Registry Journal (Ticaret Sicili Gazetesi).

11. Registration usually become binding towards third persons with publication. Sometimes, the registry becomes binding at the time of registration. For example, partnerships and corporations gain their legal personality with registration. The effect of registration is declaratory where it only declares that a certain right or legal situation exists. The effect is constitutive where the creation of a right is dependant on registration (trade name; gaining legal personality, changes in incorporation articles)

12. Positive effect: registration becomes binding towards third persons and they cannot plead their ignorance. Negative effect: if something that requires a mandatory registration, is not registered or published, it can be used against a third person only if it proven that s/he knew about it.