In article 102 of Turkish Commercial Code (Türk Ticaret Kanunu, referred to as “TTK” or “TCC”) the term "agent" is defined. Accordingly, an agent is a person acquiring the profession to act as a permanent intermediary in contracts involving a company/merchant (hereinafter called as the “principal”) within a territory or to conclude the contracts on the principal's behalf without holding an official title such as a commercial agent, commercial representative, sales officer, or employee. There are two types of agents: Intermediary agents and agents authorized to con-clude contracts. Both legal and natural persons may act as an agent. In Türkiye, agents are usually the legal persons such as companies.
Agency contract is stipulated under the section between the articles 102 and 123 of TCC. In cases where there is no provision in this section, below listed provisions are applicable:
- the provisions of the brokerage contract set by the articles 520 – 525 of Turkish Code of Obligations (Türk Borçlar Kanunu, referred to as “TBK” or “TCO”);
- the provisions of the commission contract set by the articles 532 – 546 of TCO (limited to the agencies authorized to conclude contracts);
- the provisions of the mandate contract in cases where there is no provision in these (TBK. Articles 502 – 514) are applicable.
Between the articles 102 and 123 of TCC regarding the agency contracts, the definition of the agency (TCC. Art. 102), the application scope (TCC. Art. 103), monopoly (TCC Art. 104), powers of the agent (TCC. Art. 105 – 108), obligations of the agent (TCC. Art. 109 – 112), rights of the agent (TCC. Art. 113 – 119), obligations of the merchant (TCC. Art. 120), termination of agency agreement (TCC. Art. 121 – 123) are regulated.
There are also special provisions regarding subjects such as transportation, maritime trade, insurance, and tourism. Some of important special legislations regarding agency agreements are as follows:
- Communiqué on Insurance Agencies published on Official Gazette dated 22.04.2014 and numbered 28980.
- Communiqué on Ship Agencies published on Official Gazette dated 05.03.2012 and numbered 28224.
- Communiqué on Travel Agencies published on Official Gazette dated 05.10.2007 and numbered 26664.
- Law on Land Carriage, Law No. 4925, dated 10/07/2003, published on Official Gazette dated 19.07.2003 and numbered 25173.
- Communique on Land Carriage published on Official Gazette dated 08.01.2018 and numbered 30295.
To conclude an agency agreement in matters within the scope of the special regulations on agency, it is generally required to obtain a certificate of authorization from competent gov-ernmental bodies. Furthermore, requirements such as residing in Türkiye, having the agency's headquarters in Türkiye, and being registered in the Trade Registry Offices in Türkiye are sought in order to obtain a certificate of authorization for acting as agency.