How to set up a Liaison Office in Turkey?

14 Sep 2014

 

According to Foreign Direct Investment Law numbered 4875, Undersecretaries of Treasury (“Undersecretaries” or “Treasury”) is authorized to grant permission to open liaison offices,  often also called ‘representative office’, for companies incorporated in accordance with laws of a foreign country provided that, such establishments do not carry out any income generating commercial activity in Turkey. Liaison Offices are primarily established to provide preparatory and auxiliary services. Main activities carried out by liaison offices in Turkey can be listed as follows;

– Market research

– Technical support

– Promotion of the goods and services of the parent company

– Representation and hosting

– Control of the suppliers in Turkey in terms of quality and standard, their supervision and supplier procurement

– Communication and information transfer

Incorporation and extension applications for liaison offices are finalized approximately within 7-10 business days following the date of application, provided that all the necessary information are duly provided.

Applications of foreign companies to establish liaison offices so as to operate in sectors subject to special legislation, such as money and capital markets, insurance, etc., will be assessed by authorities and institutions authorized by the related special legislation.

The following provisions mainly govern the operations of liaison offices:

1-) Liaison offices, having received their establishment permit, shall send a copy of the tax office registration document to the Treasury latest within 1 month. Liaison offices are also required to notify the Treasury of any change of address latest within 1 month.

2-) Liaison offices shall send the “Data Form for Liaison Office Activities” to the Undersecretaries every year latest until end of May, so as to inform the Undersecretaries about their activities of previous years. Documents certifying that the previous year’s expenses of the office have been covered by foreign currency transferred from abroad, have to be enclosed as well.

3-) Liaison offices are granted operation permits of 3 years at most. For extensions, successive extensions of maximum 3 years each may be granted by taking into consideration the activities of previous years and plans and objectives for the future.

4-) In case that the liaison office terminates its activities, the “termination and examination of business notice” to be received from the related tax office has to be submitted to the Treasury. Liaison offices cannot claim any money transfer except the residue arising due to termination or liquidation.

5-) The Undersecretaries might cancel the permits of liaison offices ascertained to have violated the legislation and shall notify related authorities thereof.