Provisional Article 7 of the Turkish Commercial Code No. 6102 regulated certain cases where a company or cooperative is deleted from the trade registry without being liquidated, and revival of companies and cooperatives cancelled from the trade registry under this provision can be requested within five years from the date of cancellation.

An application for concrete review of the aforementioned rule was filed on the grounds that the time period for applying for the revival of a company cancelled from the trade registry was limited to five years from the date of the cancellation from the trade registry, which restricted the right to file revival lawsuits.

The Constitutional Court has ruled that the debts owed to companies and cooperatives constitute property and, therefore, the right to pursue and collect these debts is an extension of the right to property, taking into consideration that the rule in question did not provide safeguards to ensure that creditors or those with a legal interest are informed about the liquidation, ruled that the five-year period for filing a lawsuit from the date of cancellation instead of the date when the cancellation is learned or can reasonably be deemed to have been learned could render the revival institution non-functional and thus violate the right to property. As a result, the Constitutional Court has decided to annul the part “within five years from the date of cancellation”.

The annulment decision of the Constitutional Court dated 22.06.2023 and numbered 2023/33 E., 2023/117 E. has been published in the Official Gazette dated 15.09.2023 and numbered 32310.

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