What Is Provisional Registration Within the Frame of Commercial Code and In Which Situations Provisional Registration Is Made? 18 December 2019

It is important for persons concerned with registration to know how the trade registry manager will establish a transaction after the application for registration to the Trade Registry, since persons shall follow a method in accordance with the registry manager’s transaction. The registry manager shall investigate the existence of legal conditions in subject to be registered, the conformity of the subject to the public order and the mandatory provisions, the identity/authority of the person requesting the registration and the authenticity of the subject to be registered. As a result of this examination, the registry manager may comply with the request and make a positive decision or may make a negative decision and reject the request. Apart from the positive or negative decisions of the registry manager, it is also possible to decide on provisional registration. As a matter of fact, one of the types of registration that is part of registration process is provisional registration and it is regulated under the Turkish Commercial Code (“TCC”) 32/4 and Trade Registry Regulation (“Regulation”) as:

“The subjects of which the solution depends on a court decision or that the registry manager is hesitant to final registration shall be temporarily registered upon the request of the persons concerned. However, if the persons concerned do not prove that they have applied to the court within three months or agreed with each other, the provisional registration shall be deleted ex officio. In case of an application to the court, the transaction shall be established according to the result of the final judgement.”

The provisional registration made by the registry manager upon the request of the person concerned in case of a hesitance in registration of a subject or solution’s dependence to the court order is temporary registration. If the persons concerned do not prove that they have applied to the court within three months or agreed with each other, the provisional registration shall be deleted. In case of an application to the court regarding the decision of the definitive registration of the provisional registration, the registration is either deleted or turned into a final registration according to the result. In other words, registration shall be made according to decision in the court regarding the subject.

Furthermore, it should be noted that the eight-day reclamation period against the decisions of the registry of commerce regarding the requests of the persons mentioned in Article 34 of the TCC for registration, amendment or deletion is not applicable to the concept of provisional registration. Those concerned may file a case within three months.

Finally, trade registry managers are not authorized to comment on the cases that are hesitated to register. Trade registry managers are required to make provisional registration in cases that requires interpretation and registration is hesitated. If there is no legal and valid justification for the refusal of registration, the trade registry manager shall establish a transaction of provisional registration upon the request of the relevant persons.

Türkçe Versiyonu İçin: http://www.kasaroglu.av.tr/tr/Ticaret-Kanunu-Cercevesinde-Gecici-Tescil-ve-Nedir-Hangi-Durumlarda-Gecici-Tescil-Yapilir

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