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TRADE NAME Week 5

TRADE NAME Week 5. Dr. Özlem Döğerlioğlu Işıksungur 2012-2013 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

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TRADE NAME Week 5

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  1. TRADE NAME Week 5 Dr. Özlem Döğerlioğlu Işıksungur 2012-2013 Spring

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

  3. 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

  4. Where is it regulated? • It is regulated in Article 39-52 of TCC.

  5. What is enterprise name? • Regulated in Article 53 of TCC

  6. 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

  7. Composition of Trade-name

  8. Composition of Trade-nameReal Person Merchant Who is real person merchant?

  9. Composition of Trade-name forReal Person Merchant

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

  11. Composition of Trade-nameLegal Person Merchant Who is legal person merchant?

  12. Composition of Trade-nameLegal Person Merchant What are names of the commercial companies?

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

  14. Composition of Trade-nameLegal Person Merchant- Collective Company What is the definition of “Collective Company”? Article 212 of TCC

  15. Composition of Trade-nameLegal Person Merchant- Collective Company

  16. Composition of Trade-nameLegal 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

  17. Composition of Trade-nameLegal Person Merchant- Commandité Company What is the definition of “Commondité Company”? Article 304 of TCC

  18. Composition of Trade-nameLegal Person Merchant- Commandite Company

  19. Composition of Trade-nameLegal 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.

  20. Composition of Trade-nameLegal Person Merchant- Limited Company

  21. Composition of Trade-nameLegal Person Merchant- Joint Stock Company

  22. Composition of Trade-nameLegal 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

  23. 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

  24. 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

  25. 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

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