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It is possible for natural and legal persons to transfer money and other forms of capital from one country to another. However, depending on the laws of the country from which the capital is being transferred or into which it is being moved, certain restrictions may apply. These restrictions may affect the scope and manner of the transfer. In addition, violations of such rules may give rise to criminal and administrative liability.

Foreign natural and legal persons may establish a company, operate a branch, or open a liaison office in Turkey. For this purpose, registration with the relevant authorities must be completed, a tax registration must be obtained, and a bank account must be opened. In addition, an authorized representative must be appointed in Turkey. On the other hand, it is essential to obtain the necessary operating permits for the business to be established and to carry out regulatory compliance work.

Legal structures known as “trusts” are not recognized under Turkish law. However, it is possible to establish legal relationships similar to trusts within the Turkish legal system. Trust-like arrangements may be created on a contractual or institutional basis, thereby enabling asset management.

A judgment rendered by the judicial authorities of one country cannot be directly enforced in another country. In order for a court judgment to be enforced in another jurisdiction, an application must be made to the competent court in that country for recognition or enforcement of the decision. In criminal matters, however, proceedings may be carried out in accordance with international mutual legal assistance agreements.

The resolution of disputes between company shareholders is carried out through different procedures depending on the type of company and minority or majority shareholding position of the shareholders. In order for the parties to settle their disputes by agreement, it is necessary to liquidate the relationships established between the shareholders and the company, adopt resolutions in the relevant corporate bodies, carry out share transfers, update the company’s commercial books, and complete discharge (release) procedures. Where the dispute must be resolved through litigation, it may be necessary to initiate various legal actions, such as annulment of general assembly resolutions, nullity of board of directors resolutions, dissolution of the company for just cause, criminal investigations, and similar proceedings.

A person who serves as a member of the board of directors or management board of a commercial company may be held civilly, criminally, and administratively liable for losses incurred by the company due to its activities, as well as for damages caused to third parties. The rules regarding directors’ liability for public debts also differ. In legal proceedings, it is possible for the director to defend themselves and, in particular, to be exempt from liability by proving that they have duly fulfilled their obligations.

The liability of a company’s shareholders or managers for the company’s tax debts may vary depending on the type of company. For example, in joint-stock companies and limited liability companies, the legal entity itself is primarily responsible for tax debts and penalties. However, tax debts that cannot be collected from the company’s assets may be recovered from the managers in joint-stock companies, and from both the managers and the shareholders in limited liability companies. Of course, this liability is also subject to certain conditions.

Trademark protection is country- based in nature. Therefore, a trademark must be registered in each country where it is intended to be used. However, a trademark registered in one country may not be eligible for registration in another country. In addition, if a registered trademark is not used for a certain period, it may be subject to cancellation, and legal actions may also be brought against registered trademarks.

In most countries where citizenship is obtained through real estate investment, there is a requirement to retain the property for a certain period and to use it as a residence address. If the property is sold before the required holding period is completed, the citizenship obtained may be revoked. In addition, tax liabilities may arise, and administrative sanctions may also be imposed.

During a criminal investigation or criminal proceedings, assets may only be seized upon a decision issued by the competent authorities. Seized assets may subsequently be confiscated by the state. If a seizure order is issued in respect of money, company shares, vehicles, real estate, or other assets, it is advisable to challenge such a decision without waiting for the conclusion of the criminal proceedings and to file an application for the return of the seized assets.

The commercial assets of one spouse (such as company shares, real estate, movable property, money, etc.) may form part of the deceased spouse’s estate in the event of death, or be included in the marital property subject to division in the event of divorce. In such cases, during the liquidation process, the court may impose precautionary measures on the assets, or the ownership status of the assets may change as a result of the division.

Difficulties may arise in collecting the sales price in transactions involving the sale of goods or services to foreign countries. For this reason, it is recommended to investigate in advance the payment capacity and reputation of the party with whom a commercial relationship will be established, to request letters of guarantee and similar securities, and to conclude a written contract. Failure to collect the payment gives rise not only to a receivable issue but also to tax liability. In such a case, a claim for receivables should be filed against the buyer either in the relevant country or in Türkiye.