Foreigners Law (International Private Law) refers to the legal field that regulates the rights and responsibilities of foreign individuals who live in different countries and/or engage in legal transactions. This branch of law addresses how national legal systems interact with foreign individuals and deals with legal solutions in international relations.
The main topics of Foreigners Law include:
Entry and Residence Procedures for Foreigners: This covers issues such as entry into a country, obtaining residence permits, visa requirements, and how long foreigners can stay in a country.
Work and Employment Permits for Foreigners: It deals with matters related to foreign nationals obtaining work permits in a country, working conditions, and their rights.
Property and Real Estate Transactions for Foreigners: It includes legal regulations concerning foreigners acquiring, selling, or leasing real estate in a country.
Marriage and Family Procedures for Foreigners: It covers rules related to foreign nationals getting married, divorcing, adopting children, and other family law processes in a country.
Inheritance Law for Foreigners: It encompasses regulations regarding the rights of foreign individuals to inherit or leave inheritance in a country.
Criminal Law for Foreigners: It includes provisions regarding crimes committed by foreigners and their penalties.
International Human Rights: It includes international human rights conventions and norms aimed at protecting the rights of all individuals, including foreigners.
International Agreements and Diplomatic Relations: It encompasses legal rules that govern the agreements a country enters into with other countries and diplomatic relations.
The foundation of regulations related to foreign capital investments in Turkey is the Law on Direct Foreign Investments No. 4875. This law sets out Turkey’s foreign investment policy with the objectives of promoting foreign investments, protecting the rights of foreign investors, and defining investment terms in accordance with international standards. Here are some important points of this regulation:
Definition of Foreign Investor: According to the Law on Direct Foreign Investments, a person who makes a direct foreign investment in Turkey is considered a foreign investor. This definition includes foreign nationals, Turkish citizens residing abroad, legal entities established under foreign laws, and international organizations.
Definition of Foreign Investment: Foreign investment encompasses various values brought to or obtained from Turkey by foreign investors. These values include cash capital, company securities (excluding government bonds), industrial and intellectual property rights, machinery and equipment, among other elements. Additionally, economic values related to investments, such as profits, revenues, receivables, or other financial rights, as well as rights related to the exploration and extraction of natural resources, are also considered foreign investments.
Rights of Foreign Investors: Foreign investors have the same conditions as domestic investors when it comes to making direct investments in Turkey. These investors can freely transfer their income and payments arising from their activities in Turkey to foreign countries in foreign exchange. Moreover, in the event of fulfilling the necessary conditions under Turkish law, they can resort to national or international arbitration or other dispute resolution methods for the resolution of private legal disputes.
Establishment of Liaison Office: Companies established under foreign laws may open liaison offices in Turkey as long as they do not engage in commercial activities. Liaison offices generally perform functions such as market research, communication, and coordination, but they are not allowed to engage in commercial activities.
These regulations in Turkey concerning foreign investments represent an important legal framework created to encourage the inflow of foreign capital and protect the rights of investors. Details and implementations of this law may change over time, so it is advisable to seek legal counsel for access to current information.
As Zirve Legal Law Firm, we provide legal services in the field of Foreigners Law in Turkey, including:
-Within the Scope of Law No. 5901 on Turkish Citizenship:
-Acquisition of Turkish Citizenship through Residence Requirement
-Acquisition of Turkish Citizenship through Marriage
-Acquisition of Turkish Citizenship due to Being a Citizen of the Turkish Republic of Northern Cyprus (TRNC)
-Acquisition of Turkish Citizenship through Investment (Real Estate, Government Debt Securities, Depositing Money in Banks, etc.)
-Legal Process Follow-Up for Foreign Individuals and Entities in Turkey in Relation to Real Estate Transactions, Buying-Selling-Leasing
-Establishment of Companies and Opening Bank Accounts in Turkey for Foreign Real and Legal Persons, Branch Establishment Procedures, Company Acquisition & Transfer Procedures
-Handling of Inheritance Rights, Acquisition, and Division of Inheritances with a Foreign Element, Obtaining Inheritance Certificates, and Determination of Inheritance Shares, Preparation of Wills & Inheritance Agreements
-Recognition and Enforcement of Foreign Court Inheritance Certificates and Wills in Turkey
-Divorce of Foreigners in Turkey, Alimony and Asset Division; Recognition and Enforcement Procedure of Divorce and Asset Division Decisions Obtained from Foreign Courts in Turkey
-Marriage Application for Foreigners in Turkey
-Contract Law Services for Foreign Real and Legal Persons, including Leases, Real Estate Transactions, International Shipping, Business Transfer Agreements, Construction Contracts, and Financial Contracts
-Direct Foreign Capital Investments
-Foreign Business Partnerships & Financing
