The field of activity and volume of business of the commercial enterprise may require the trader to receive assistance from other persons in their work. We call these people as merchant assistants, where the merchant receives help with his commercial business. According to the working principles, merchant assistants are divided into dependent merchant assistants and independent merchant assistants.
Dependent trader assistants are commercial representative, commercial proxy and marketer.
Independent trader assistants are agents, brokers and brokers.
DEPENDENT TRADER ASSISTANTS
Dependent trader assistants carry out their work in accordance with the orders and instructions of the trader, their working hours and procedures are determined by the trader, and only natural persons can be dependent trader assistants.
A-COMMERCIAL REPRESENTATIVE
The commercial representative is regulated Dec articles 547-550 of the Turkish Code of Obligations No. 6098.
Commercial representative
I. Definition and authorization
ARTICLE 547 – business representatives, business owners, commercial businesses, manage and commercially under the trade name of a business operation with the power to represent itself to represent, explicitly or implicitly authorized.
The owner of the business must register with the trade registry that he has been granted the authority of a commercial representative, but the responsibility of the owner of a commercial business for the actions of a commercial representative does not depend on the fact that the registration has been made.
The appointment of a commercial representative occurs with a unilateral statement of will. The law does not make the declaration of will subject to any form. According to Article 547/2 of the Turkish Commercial Code, it is mandatory to register the representative office in the commercial register. Registration is required within 15 days of the appointment of a commercial representative. The title of commercial representative is not acquired by registration, that is, registration is not of a constituent nature. Registration 3. It has the purpose of informing people about the situation.
II. Scope of representation authority
ARTICLE 548- A commercial representative is considered authorized to make a foreign exchange commitment on behalf of the owner of the business and perform any actions that fall within the purpose of the business on his behalf against bona fide third parties.
The commercial representative may not transfer real estate or limit it to one right, unless expressly authorized to do so.
In paragraph 548/1 of the TCC, the commercial representative is authorized to perform all kinds of operations in accordance with the purpose of the enterprise. He can make a commitment to exchange, buy real estate, appoint a commercial representative. In paragraph 548/2 of the TCC, a commercial representative cannot transfer real estate belonging to an enterprise and limit it to one right, unless it is specifically explicitly authorized to do so.
III. Limitation of representation authority
ARTICLE 549- The authority of representation may be limited to the affairs of a branch.
The authority of representation may also be limited provided that more than one person signs it together. In this case, the fact that one of the representatives has signed without the participation of others does not bind the owner of the business.
The above limitations on the authority of representation do not apply to bona fide third parties unless they are registered with the trade registry.
Other limitations on the authority of representation cannot be put forward against bona fide third parties, even if they have been registered
Powers of the commercial representative 549. According to the article, it is possible to limit oneself to the work of a branch or in the form of joint representation. Restrictions on the trade representative must be registered. Good faith in case of non-registration 3. Limitation of the right of representation against persons does not constitute a provision.
IV. Termination of representation authority
ARTICLE 550- Even if it has not been registered in the trade registry where the right of representation has been granted, it is registered that it has expired.
This authority remains valid for bona fide third parties unless it is registered and announced in the trade registry that the representation authority has expired.
The representation authority expires in cases such as dismissal, resignation, bankruptcy of the merchant or death of the commercial representative. Registration of the right of representation is mandatory, therefore, in case of termination of the right of representation, registration in the commercial register must be deleted.
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