터키에서 사업체 설립

작성자: Nese Yahya, Expatia 전무이사

법적 틀

Starting a business in a new country is challenging, as it is everywhere. As a foreigner, if you intend to set up a business in Turkey, you first have to look at and get familiarized with the Foreign Direct Investment Law (No: 4875), which was introduced in Turkey in 2003. The most important principles introduced by this law are those of non-discrimination and equal treatment, as they set the legal framework of the liberal investment environment in Turkey.

외국인 직접 투자법에 따르면, 외국 자본으로 회사를 설립하기 위한 전제 조건과 의무는 국내 회사와 동일합니다. 결과적으로, 과거 외국자본으로 회사를 설립할 때 요구되던 각종 강제허가가 이제 없어졌습니다. 터키 상법의 규정에 따라 외국 자본으로 설립된 회사는 터키 회사로 간주됩니다. 따라서 회사의 자본 창출 성격에도 불구하고 모든 의무와 책임은 동일합니다.

Additionally, within the new FDI law, there are no rules requiring Turkish participation in the capital or management of a company with foreign capital. A company may be established with 100% foreign capital, and almost all sectors are open to foreign capital. The company’s establishment procedures have also been simplified to a great extent. Now, with the efficient procedures, a company’s registration and establishment of a company in Turkey can be completed in as little as one day. Companies must submit a standard form at one location and will not need to submit applications to many authorities for approvals. Also, the law provides that it is no longer mandatory to establish either a limited liability company or joint stock company. These are all important points to be taken into consideration by foreign investors who plan to do business in Turkey.

실제로

If you are opening a company in Turkey, you basically have a couple of options. For instance you can open a liaison office. To undertake this route however, it is important to keep in mind that there should not be any commercial activities on behalf of this company; basically, it is not possible to issue invoices from a liaison office. Another alternative is to open a branch of a foreign company. To pursue this alternative, you need to get permission form the Ministry of Industry and Trade in Ankara, and it is possible to undertake commercial activities. Otherwise, you can set up a limited company or set-up a joint stock company. For the former, you need a minimum capital of 5.000 YTL and minimum two shareholders, all of whom can be foreigners, if necessary. For the latter, a minimum capital of YTL 50.000 is required and the number of founding shareholders should be at least five. For both options, the shareholder liability is limited to the capital paid by each shareholder. It is also feasible to transfer shares from an already established company, and thus become a shareholder.

터키의 모든 기업에 외국인 인력을 고용하는 것은 가능합니다. 그러나 터키에서 거주하고 일하려는 외국인은 노동사회보장부로부터 취업 허가를 받아야 하며 동시에 내무부/지방 경찰 본부로부터 거주 허가도 받아야 합니다. 그러나 취업 허가를 얻는 과정은 매우 복잡하고 취득하기 어렵습니다.

터키에 투자

“Invest in Turkey”, is a governmental agency, that aims to assist foreign investors in their business ventures in Turkey and provide data and information on the business climate in our country. If you are planning considerable investment in Turkey, it is advised to get in touch with the agency established under the Undersecretariat of Treasury and be active in this environment for several years.

According to the data provided by the agency, around 15.000 companies with foreign capital are in operation in Turkey, as of end of 2006. The majority of them are in wholesale and retail trade, as well as manufacturing. Half of these companies are set up by nationals or entities of the EU Member countries, while Germany, the UK, and the Netherlands are the leading countries in the group of foreign investors.

Below are some useful links worth exploring if you are really into setting up a business in Turkey.

노동조합 및 조직

• 외국인투자가협회 www.yased.org.tr
• 대외경제관계위원회 www.deik.org.tr
• 터키 산업가 및 사업가 협회 www.tusiad.org

정부 기관

• 터키에 투자 www.investinturkey.gov.tr
• 투자자 관계 사무소 www.hazine.gov.tr/iro.htm
• 국무총리 대외무역차관 www.dtm.gov.tr
• 터키공화국 총리 관세청 www.gumruk.gov.tr

기부 회사:
Expatia 컨설팅. 터키 이스탄불. www.expatia.net
연락처: Nese Yahya. [email protected]