The Union of Turkish Public Notaries announced that during
certification of signature circulars, notary publics are not
authorized to investigate and verify the registered decision's
compliance with the entity's articles of association. The Board
of Directors for the Union of the Turkish Public Notaries discussed
the matter at a meeting on 30 November 2015, announcing the
decision via Notice Number 9, on 17 December 2015
("Notice"). The Notice amends the
earlier Notice Number 1984/41.
The Board's grounds for the amendment are as follows:
Trade registry managers and their
assistants are responsible for checking whether registered facts
are compliant with the articles of association and mandatory rules
of law (Article 32 of the Turkish Commercial Code; Article 34 of
the Trade Registry Regulation).
Once a power of attorney has been
registered at the trade registry, the company can only allege legal
invalidity to third parties regarding the relevant assignments or
elections if the third parties' awareness of the invalidity is
proved (Article 373(2) of the Turkish Commercial Code).
It is possible to file an objection
action against Registry decisions within eight days of receiving
the decision. The objection action should be filed before the
commercial court of first instance where the trade registry is
Please see this link for full text of the Notice (only
available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal
update newsletter produced by Moroğlu Arseven.
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