COMPANY MERGER APPLICATION

COMPANY MERGER APPLICATION

PROCESS

Following the announcement of the “company merger” in the Trade Registry Gazette, the company within which the travel agency operates must apply to TÜRSAB with the documents listed below.

The file completed by our Association regarding the company merger application is forwarded to the Ministry. The file regarding the company merger forwarded to the Ministry is examined by the Ministry. If the Ministry's examination and evaluation reveals any deficiencies, TÜRSAB is notified of the need to complete the deficiencies. If the request is deemed appropriate, an Official Approval is prepared.

After the Official Approval, a travel agency operating license is issued according to the new trade name after the merger. The issued travel agency operating license is sent to the relevant Provincial Directorate of Culture and Tourism to be delivered to the applicant, and TÜRSAB is notified of the situation. After the documents proving that the license fees have been paid into the accounts specified by the Ministry are presented, the license is collected from the Provincial Directorate of Culture and Tourism.

PENAL SANCTIONS

Article 17 of Law No. 1618 on Travel Agencies and the Travel Agencies Association: “(!) The owners of travel agencies, authorized managers on behalf of the board of directors in legal entities, shall notify the Ministry in writing within 30 days of any changes that occur in the matters stated in their petitions and in their operating licenses.” The same applies to Article 27(a)(2) of the same Law: "In the event of a violation of Article 7, 17, 19, or 21 of this Law or any of subparagraphs (c), (ç), or (d) of paragraph 10 of this Law shall be punished with an administrative fine in accordance with subparagraph (2) of paragraph (a) of Article 27 of Law No. 1618."

(*) Subparagraph 1 of Article 21 of the Travel Agencies Regulation states: “Written notifications to TÜRSAB regarding change applications shall be deemed to have been made to the Ministry.” Subparagraph 8 states: “If the application petition is submitted directly to the Ministry, it shall be forwarded to TÜRSAB for evaluation.”

In this context, the application regarding this change must be submitted to TÜRSAB within 30 days after the change is made.

REQUIRED DOCUMENTS

1. Application Form
2. Annex - 4 (Turkey Trade Registry Gazette Declaration)
3. Original Trade Registry Certificate
4. Annex - 2 (Criminal Record Declaration)
5. Signature Circular
6. Travel Agency Establishment Guarantee
7. Annex - 1 (Original Agency Title Commitment)
8. Original Travel Agency Information Update Form

Warning: If your business address changes in addition to your amendment, you must add the documents requested on the address change page to your application file.

REQUIRED FORMS AND APPLICATIONS

1. Annex - 1
2. Annex - 4
3. Travel Agency Information Update Form
4. Company Merger Petition Sample
5. Guarantee Letter Sample
6. Signature Circular
The original document or a notarized copy of the document containing the signature samples of the representative of an institution or organization.
7. Guarantee

• If provided as a letter of guarantee, the letter of guarantee must be definitive and open-ended and must include the agency name and trade name.
• Guarantees other than letters of guarantee: The receipt deposited in the account of the Central Accounting Directorate of the Ministry of Culture and Tourism of the Republic of Turkey, “Collection Account TR89 0000 1001 0000 0350 1540 21 IBAN” account, or deposited to the Ministry's Central Accounting Unit or the accounting units of provincial or district general budget departments via the Ministry's Central Accounting Unit. (The receipt must be stamped and signed, and the sender section must include the commercial name (no personal names are allowed), while the description section must include the agency title obtained from the Ministry of Culture and Tourism of the Republic of Turkey.)

• For Group A: 7,000.00 TL (Seven thousand Turkish Lira)
• For Group B: 6,000.00 TL (Six thousand Turkish Lira)
• For Group C: 5,000.00 TL (Five thousand Turkish Lira)

and 25% of these amounts must be paid for each branch.

8. Trade Registry Certificate
Trade Registry Certificate issued in accordance with Article 16 of the Trade Registry Regulation;
MERSIS number, trade name, in the case of real person commercial enterprises, the name and surname of the business owner, place of residence and identity number, the headquarters of the business, the address of the branch along with the headquarters address of the business, the field of activity of the business, the capital allocated to the business, and the persons authorized to represent the business at the time the document is issued.

FREQUENTLY ASKED QUESTIONS

1. How are the Travel Agency business certificates located in the branches of the transferred company transferred to the acquiring company after the merger?

In a company merger, the travel agency operating license held by the dissolved company must be transferred to the acquiring company for both the headquarters and branches. This requires the existence of Trade Registry records corresponding to the number of operating licenses being transferred, a decision by the acquiring company's authorized body, and the matching of the operating licenses with the aforementioned Trade Registry records upon declaration to our Association.

2. Does the establishment guarantee held by the Ministry remain valid in the event of a company merger?

If the establishment guarantee is in cash, it remains valid if the Travel Agency issues a letter stating that the existing guarantee remains valid for this change. If it is a letter, it remains valid if the relevant bank issues a letter stating that the existing guarantee remains valid for this change.