Commercial Enterprise Pledge

Commercial business disputes, with commercial business registration with the commercial registry of the real estate is delivered to the creditor from without as well whether is canceled. Thus, the business owner responsible for the payment of the pledge by the borrower of the securities the ability to continue its operations regardless of commercial gains. Law No. 1447 on commercial enterprise commercial business disputes hostage plant edited (28.7.1971/13909 RG.); also in this regard the Statute About commercial undertaking (21.8.1971/RG 14283.) The Charter business and commercial disputes on the implementation of regulation (4.10.1971/14326 RG.) have been published.

Foreclosure on commercial enterprise commercial undertaking registered in the Commercial Register of the business in order to be established must be registered. (TURKISH.1)

Commercial Enterprise The Parties To Foreclosure:

- The pledge (the pledge to the debtor):

Liens of the debtor's commercial enterprise pledge for a loan merchant who may be natural or legal person. (TURKISH.2)

- The pledgee:

The pledge of the creditor in the nature of the company legal capital credit institutions and credit cooperatives is a legal person and a real person who makes sales. However, only those who do on credit sales of machinery,vehicles, tools, motor transport vehicles under the condition that the creditor can sell the pledge. Outside of these elements from goods,goods,raw materials,materials, etc. builders liens the creditor sale cannot. (TURKISH.2-3)

The Scope Of His Commercial Enterprise:

The scope of the commercial enterprise trade name and business name,foreclosure,securities business installations, Industrial Property Rights consist of.

The parties, if they wish, trade name, business name, and one or more of the securities business, except for liens wiring the outside elements can leave. In other words, patent rights,brands,models,pictures, and licenses for industrial property rights such as pledges, except for one or more of leave. (TURKISH.3)

Trade name and business name:

The trade title of the enterprise, and, if applicable, the business name of the commercial enterprise pledge agreement to be included in the list of elements that are attached to it is mandatory, does not take place if it leads to invalidation of the pledge agreement.

The list of elements that are connected to the pledge agreement of the shortcomings of this type of contract has been issued by the notary within 10 days after, again resolved by a notary, unless the pledge agreement becomes null and void. (TURKISH.3-5)

The Securities Business Wiring:

In the moment of the registration of the pledge which has been allocated to the business activities and existing machinery, vehicles, equipment and motor vehicles installment of the business than the securities business.

All of the wiring in the contract of pledge of securities business must be shown. Securities business at the branch offices with the installation of the wiring to the concept of commercial enterprises in the branch units which are not related to the installation are also included.

Securities business installations,including a contract that is not included in the list of elements Oct pawn all the items in the case the pledge agreement will be invalid.

The pledge agreement in the contract, a list of elements connected to such deficiencies resolved again by the notary within 10 days from the date of issuance, unless the pledge agreement becomes null and void.(TURKISH.4, TIRHT.3)

Industrial Property Rights:

Rights to patents,brands,models,pictures,licenses, industrial property rights such as foreclosure are included to commercial enterprise; however, their it is not displayed in the list of elements that are connected to the pledge agreement, the invalidity does not result in foreclosure. In such a case, is considered to be a pawn all the items included in property rights. (TURKISH.3)

Pledge agreement form:

The commercial enterprise pledge agreement must be registered on the registration issued by a notary around. The public notary approved the contract of pledge is void, just the signatures. Held by a notary of the Register of commercial enterprises outside the circumference of the pledge agreement is void.

A complete list of the elements that is covered in the pledge agreement pledges in distinguishable forms (Trademark,serial number,license plate number,color, etc.) it is imperative that it be written.

Foreclosure Of Commercial Enterprise Registration:

The request for registration of the pledge of commercial enterprise pledge by the notary within 10 days after the contract has been issued, duly filled in and signed by the authorities obtained from the county clerk's office with 2 copies of the declaration must be made.

The contract of pledge which has not been registered within this period will be void. (TURKISH.5, four hundred and thirty.8)

Registration of a founding foreclosure commercial enterprise in nature. In other words, the registration of the right of pledge are born with.

Transfer Of Business:

The established place of business in order for it to be transferred to another commercial undertaking of the creditor assents must be obtained. In such a case, the business owner when contacting the Registration Office for change of address of the creditor must also provide a notarized assents.(TURKISH.10)

Foreclosure Commercial Enterprise Of The Cancellation From The Register:

Muvaffakat the creditor is the pledgee of a written (notarized) in case of

By a final court decision if it is determined that foreclosure does not exist or disappeared,

Made a trail through foreclosure is completed and may be requested by petition by the owner if the commercial enterprise.