General partnership (Turkey)
A Kollektif Şirket ( Koll. Şti. ) Is the Turkish company law one of two or more individuals to run a commercial enterprise under joint company founded society . It is the simplest form of society of the Turkish Commercial Code and is similar to the Swiss Collective Society and the German general partnership (OHG). The liability is unlimited. The company's assets are primarily liable. If this is not sufficient, the partners are liable subsidiary and solidarity with their personal assets.
The general partnership is person-oriented ( partnership ) and acquires legal personality with the required entry in the commercial register , which, however, is limited by the company's purpose. The announcement in the commercial register, which is also required, only has a declaratory effect .
founding
A general partnership is established by at least two natural persons by contract. This partnership agreement requires the written form , with the signatures of the shareholders notarized authenticated must be (Art. 212 THGB). The minimum content of the contract consists of the personal details of the shareholders as well as the name of the legal form as a general partnership, the company and the registered office of the company, the purpose of the company, the type and amount of capital contributions and the persons authorized to represent (Art. 213 tHGB). The formation does not depend on a minimum capital, but the proper operation of the company must be guaranteed. Capital contributions can be made in the form of money, material assets or other determinable benefits as well as rights that have an economic value.
The general partnerships play a minor role in Turkish economic life, as this legal form is only used by a few small and medium-sized enterprises. In 2009, according to the Statistics Institute of Turkey, of 44,472 Turkish start-ups, only ten were general partnerships.
literature
- Christian Rumpf : Introduction to Turkish Law (= series of legal training. Volume 169). 2nd fundamentally revised edition. CH Beck, Munich 2016, ISBN 978-3-406-65766-5 , pp. 263-266.
Individual evidence
- ↑ Frederik Schmidt: European Company Forms in Comparison ( Memento of the original from January 26, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . IHK Stuttgart, p. 4 (PDF, 187 kB).
- ↑ Turkey 2006. Data and facts. Baden-Württemberg International, p. 17 (PDF, 1.10 MB).
- ↑ a b Türk Ticaret Kanunu ; Law No. 6102 of January 13, 2011, Official Gazette No. 27846 of February 14, 2011 ( online ), in force since July 1, 2012.
- ↑ Kurulan ve Kapanan Şirketler Aralık 2009 ve Yıllık 2009 . TÜİK (DOC, 86 kB).
