Foreign Direct Invesment Law No. 4875 (“FDI”) was enacted to dispose of many problems relating to the foreign investors worries about their ownership rights in host countries. (please see our related articles…) In line with this idea, the FDI Law correctly deals with foreign investors’ rights by latest international standarts.
The FDI contains many provisions of law which have been settled to make the invesment process easier in Turkey. Moreover the FDI have an aim to bring down the legal obstacle that foreign investors exprience while doing business in Turkey. Therefore, the lawmaker has regulated the specific articles in the code, in order to make clear the legal issues.
One of the most important exprience of foreign investors is about the valuation of non-cash capital issue which is regulated into FDI law of Article 3. As stated in sub-paragraph (f) of Article 3, the principle regarding the foreign invesments is about value assesment of non-cash capital.
Non-cash capital is valued with in the regulations of Turkish Commercial Law. Although, foreign investors bring the stocks and bonds of companies residing abroad to use as foreign capital, the values determined by the relevant authorities in the home country. Besides, the experts appointed by courts of home country decide the value of them. Also, any other international institutions performing valuations will be accepted too.
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