DEADLINE TO SUBMIT NOTIFICATIONS FOR COMPANIES AND BRANCHES WITH FOREIGN CAPITAL AND LIAISON OFFICES

The term foreign investor is defined under Article 2 of the Foreign Direct Investments Lawnumbered 4875 (in Turkish “Doğrudan Yabancı Yatırımlar Kanunu”, hereinafter referred to as the “Law”). Accordingly, foreign investors are:

1. Real persons who possess foreign nationality and Turkish nationals resident abroad, and
2. Foreign legal entities established under the laws of foreign countries and international institutions, who make foreign direct investment in Türkiye.

Pursuant to the relevant provisions of the Law and to the Regulation for the Implementation of the Foreign Direct Investments Law published in the Official Gazette dated 20 August 2003 and numbered 25205 regarding the implementation of the Law (in Turkish, “Doğrudan Yabancı Yatırımlar Kanunu Uygulama Yönetmeliği”, hereinafter referred to as the “Regulation”); the notification obligations of companies and branches within the scope of the Law are determined by the Regulation.

In this framework, companies, branches and liaison offices with foreign capital within the scope of the Law, by filling in the electronic forms of the Regulation and registering them, or by using the forms attached to the Regulation, must submit the following notifications to the General Directorate of Incentive Implementation and Foreign Capital at theMinistry of Industry and Technology, within the prescribed time:

• Capital companies and branches with foreign capital are obliged to fill out the Annex-1 Form (Activity Information Form for Foreign Direct Investments, in Turkish “Ek 1- Uluslararası Doğrudan Yatırımlar için Faaliyet Bilgi Formu”) available on E-TUYS (Electronic Incentive Application and Foreign Capital Information System).The authorized E-TUYS user of the company and/or branch must submit this form in electronic environment on an annual basis by the end of May at the latest.
• Liaison offices must follow the hard copy delivery method to send the Annex-4 Form of the Regulation  (Activity Information Form for Liaison Offices, in Turkish, “Ek 4 – İrtibat Bürolarının Faaliyetlerine İlişkin Bilgi Formu”)  to the Ministry of Industry and Technology on an annual basis by the end of May at the latest.

According to the Regulation, if liaison offices do not send the Annex-4 Form of the Regulationand the attached documents, which must be submitted by the end of May every year at the latest;

• • Time extension requests are not considered and
  • Operating licenses (in Turkish, “Faaliyet izinleri”) may also be revoked ex officio.

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