The Communiqué Amending the Communiqué on the Payments to be made by Joint Stock and Limited Liability Companies Pursuant to Law No. 4054 (“Communiqué”) was published in the Official Gazette No.32679 dated 01.10.2024. The Communiqué amends the regulations regarding the Competition Authority's share to be paid in company incorporations and capital increases.
While the definition of “receipt” in Article 4 of the Communiqué before the amendment included only the document issued by the units authorized to collect trade registry fees or the banks collecting on behalf of these units, the Communiqué expands the definition of “receipt” to include the documents produced by the HTS showing that the collection has been made for the collections made through the Central Registration System (“MERSIS”) and using the Fee Tracking System (“HTS”).
The innovations introduced by Article 2 of the Communiqué, while the fees to be collected during the establishment and capital increase transactions of joint stock and limited liability companies and the payment of these fees were based on the collection of trade registry fees by the units authorized to collect trade registry fees against receipts in the old version, with the new regulation, transactions can be carried out with payments to be made through MERSIS and HTS. In this way, transactions such as company incorporations and capital increases can now be carried out by using the MERSIS interface and payments can be made by debit card or credit card payment methods through HTS. At the same time, while it was mandatory
to submit a receipt of payment for registration transactions in the old communiqué, in the new communiqué, in addition to the continuation of this obligation, it is stated that the institutional share must be paid for registration transactions for transactions made through MERSIS. It should be understood that in order to register transactions such as company establishment and capital increase to the trade registry through MERSIS, the institution fee must be paid in full.
The Communiqué introduces the digital notification requirement in MERSIS and HTS collection processes. Notification obligation in collection processes It has been made obligatory to send the notifications regarding the collections made through MERSIS to the Agency via web service with the “software developed by the Union of Chambers and Commodity Exchanges of Turkey”.
In summary, with the Communiqué, transactions regarding payments to be made by joint stock and limited liability companies have been made easier over the internet, updated in line with technological developments, and challenging steps such as notary procedures have been removed. This Communiqué is a step towards digitalization and has entered into force as of 01.10.2024.
You can access the full text of the Communiqué via this link.