scholarly journals Establishment of a Company and Share Acquisitions in Turkey by Foreigner Investors

Author(s):  
Mustafa Topaloğlu

Relating to the establishment and acquisition of a company in Turkey by foreign investors, Foreign Direct Investments Law No.4875, FDI has entered into force on 17.06.2003. FDI formed a notification-based system rather than an approval-based system for foreigners to establish a new company and to take over company shares. Accordingly, company information regarding foreign investors will be notified to the General Directorate of Incentive Implementation and Foreign Capital via “Electronic Incentive Implementation and Foreign Capital Information System”. Foreign investment means establishment of a new company by a foreign investor or share acquisitions of an existing company, any percentage of shares acquired outside the stock exchange or 10 percentage or more of the shares/voting power of a company acquired through the stock exchange, by means of the following economic assets: assets acquired from abroad by the foreign investor which are capital in cash in the form of convertible currency bought and sold by the Central Bank of the Republic of Turkey, stocks and bonds of foreign companies excluding government bonds, machinery and equipment, industrial and intellectual property rights; or assets acquired from Turkey by foreign investor which are reinvested earnings, revenues, financial claims, or any other investment-related rights of financial value, rights for the exploration and extraction of natural resources. According to Article 4 of the Regulation for Implementation of Foreign Direct Investment Law, the Ministry of Economy shall provide information on the companies within the scope of foreign direct investments from Trade Registry Offices and related public institutions and organizations.

2019 ◽  
Vol 1 (2) ◽  
pp. 620
Author(s):  
I Gede Putra Wijaya ◽  
Christine S.T. Kansil

Foreign investors who want to invest in Indonesia must obey the existing rules, namely the Investment Law No. 25 of 2007. The investment law stipulates that if foreign investors want to do business in Indonesia, the foreign investor must establish a company in the form of a legal entity, namely a limited liability company. Requirements for foreign companies can be said as legal entities that must go through the stages of establishing a company until the company ratified by the Ministry of Law and Human Rights. If a foreign company is not a legal entity, the foreign company is not legal and cannot be considered a legal subject in carrying out business activities in Indonesia. Regarding the liability of the foreign company that is to be borne by the private party not by the shareholders because the foreign company is not a legal entity. It is better if foreign investors want to carry out business activities in Indonesia that the business must be in the form of a legal entity in accordance with the investment law’s order to comply with the applicable rules and foreign investors can carry out their business activities properly.


2017 ◽  
Vol 4 (2) ◽  
pp. 35
Author(s):  
Dritan Shoraj ◽  
Perparim Dervishi

There are statistics that foreign direct investments (FDI) in Albania have significantly declined. Business climate and skill of policies to attract FDI in Albania has apparently not impacted the promotion of investments from foreign businesses. This study assesses the business environment disadvantages and the readiness and availability of foreign investors to take risks with their investments in a foreign market facing the business climate of the host country, as well as the skill or failure of the latter for long term cooperation. Some basic components of the business climate in Albania, impact and their attractiveness to foreign investors will be analyzed and assessed. The research methodology selected for this study is the quantitative one, where a number of about 100 CEO and administrators of medium and big foreign companies in Albania have been planned to be interviewed. The measuring instrument will be standardized and after data collection, a series of analyses will be built such as correlation, means, standard deviations, frequencies, Chi-square (χ2) where the value p00.5. Analysis of variables will be realized through SPSS program. The study will be closed with relevant conclusions and recommendations.


2013 ◽  
Vol 6 (2) ◽  
Author(s):  
Nada Petrusheva ◽  
Aleksandar Nikolovski

Amongst economists there is a broad consensus that in order to overcome economic stagnation the economic growth model should be more directed towards increasing investments and export and less reliant on consumption. The stable commitment towards improving the business ambient, the implementation of structural reforms in the field of competitiveness, the export sector as well as investments in infrastructure and education are the fundamental prerequisites to be realized for the opening of perspectives in the overall social development of the countries in the Western Balkans, including the Republic of Macedonia. The dominant driving force of economic growth – investments (foreign and domestic) have not been sufficiently implemented so that structural economic problems such as the low GDP growth rate, unsatisfactory export, unfavourable industrial structure have been present during the entire periodsince the independence of the Republic of Macedonia. Unlike other countries in Middle and Eastern Europe such as Poland, the Czech Republic and Slovakia in which foreign capital was steered towards manufacturing higher added value products, in the Republic of Macedonia investment entered mainly the trade and the banking industry, and quite less in manufacturing.Lacking own significant capacities for considerable increase of the gross-investment rate, assets sources for investments must be found in foreign accumulation, particularly via foreign direct investments so as not to increase the degree indebting the country. The global economic and financial crisis which spread over Europe in the last years has motivated the countries in the Western Balkans, including the Republic of Macedonia, to engage into a more active and more aggressive attraction of foreign capital. Foreign direct investments are considered the highest economic priority for long-term development, whereas the benefits to the national economy are multiple and influence the reduction of unemployment, increase of export, inflow of new technology, knowledge and skills, as well as improvement of the population’s living standard. However, despite the commitment, reforms and activities undertaken to attract FDI, the countries of the Western Balkans are facing remarks from investors for having an insufficiently reformed judicial system, bureaucratic issues, inefficient public administration and corruption. Therefore, it is essential to work continually on improving the macroeconomic environment and implement a long-term strategy to attract FDI through active policies.


2007 ◽  
Vol 6 (1) ◽  
Author(s):  
Ignatius Roni Setyawan

The article tested net buying selling in Jakarta Stock Exchange. JSX index stated an amazing leap during 2006 however the performance was affect by foreign investor rather than domestic investors. The research indicates that net buying selling forces by foreign investors and the fund transfer during transaction will affect the foreign exchange rate (USD to IDR). The study argues the increasing rate of net buying selling also increase the volatility of exchange rate. Using TARCH model, the research found significant result that supported the argument. The research also test the robustness of data using stationary test. Therefore, the result statistically hold and TARCH model plus AR (1) also hold during the analysis.


2012 ◽  
Vol 7 (2) ◽  
pp. 51-62
Author(s):  
Sabina Hodžić

Abstract In many countries, tax incentives are a popular means to achieve political, economic and social objectives. Their aim is to reach and accelerate certain activities of public interest. Furthermore, one of the objectives is to accelerate the development of a certain industry and influence the growth of research and investment in foreign capital. Innovation is the key element that helps a company achieve competitive advantage. Global competition is forced to offer unique products with added values on the market. Tax incentives for research and development are an important factor of innovation. This paper aims to present the importance of research and development, as well as the role of tax incentives. States should use their fiscal policy to stimulate investment in research and development through various forms of tax relief. The Republic of Croatia applies tax incentives for research and development, but to a significantly less extent than other European Union countries.


2017 ◽  
Vol 55 (1) ◽  
pp. 1-23
Author(s):  
Violeta Domanović ◽  
Sandra Stojadinović Jovanović

Abstract For Serbia the efforts to attract investments from abroad came to the fore with the beginning of transition process. The process of ownership transformation in Serbia most often implied foreign direct investment inflows, because it included participation of foreign investors in purchase of domestic companies that had been the subject of privatisation. The subject of research in the paper is Serbian experience in attracting foreign capital into local export companies with special emphasis on their profitability. Aim of the paper is to estimate the profitability of leading Serbian exporters financed by foreign direct investments, i.e. to determine whether and to what extent foreign direct investments contributed to the increase of return on assets (ROA) and return on equity (ROE), as basic profitability measures. The results show that, in the case of Serbian exporters, the profitability varies, both per companies and per individual years. There is no general conclusion that foreign direct investments contributed to the ROA increase. On the contrary, ROA values significantly varied during this period. Either enormous increase or enormous decrease could be observed. The same goes for ROE values.


2014 ◽  
Vol 12 (20) ◽  
pp. 283
Author(s):  
Индира Курбеговић

Резиме: Проблем ниског раста и спорног развоја привреде с којим се суочава Република Српска и Босна и Херцеговина се огледа у недостатку капитала. Томе је допринијела и глобална економска криза, попраћена проблемима још из ранијих периода, ратним сукобима, застарјелом технологијом и сл. У ранијим периодима значајан прилив средстава у Републику Српску и Босну и Херцеговину био је у виду донација, те у виду задуживања код међународних финансијских организација што је достигло одређену границу. Чињеница да свим учесницима на тржишту недостаје капитал (држави, предузећима, становништву) без кога се не могу ријешити кључни развојни проблеми привреде, води нас ка страним директним инвестицијама као могућности прибављања и обезбјеђивања потребног капитала. Циљ је приказати значај страних директних инвестиција нa земљу домаћина, и њихов утицај кроз позитивне и негативне ефекте. Како је страни капитал, посматран у виду СДИ “заслужан” за привредни развој и просперитет великог броја земаља, тако ми требамо порадити на привлачењу истог, искористити искуства других земаља и у извјесним случајевима предузети мјере како би се заштитили од могућих негативних посљедица страних власника капитала.Summary: The problem of the low growth and slow development that the economy of the Republic of Srpska and Bosnia and Herzegovina are confronted is reflected in the lack of capital, which is also contributed by global economic crisis accompanied by the problems from earlier period, wars, outdated technology etc. Earlier, the significant inflow of RS’s funds was in donations and borrowing from international financial organizations which reached a certain limit. The fact that all market participants lack the capital (government, enterprises, population), which is essential for addressing key development problems of the economy, leads us to the foreign direct investments as a possibility of obtaining and providing the necessary capital. The objective is to show the importance of the foreign direct investments for the host country and their impact on the same through their positive and negative effects. Since the foreign capital (FDI) is ‘responsible’ for the economic development and prosperity of many countries, we need to work on attracting the same, use the experiences of the other countries and in certain cases take all necessery steps to protect ourselves from possible adverse consequences which might come out of foreign owners capital activities.


2016 ◽  
Vol 8 (3) ◽  
pp. 15-24
Author(s):  
Krystyna Zimnoch

Abstract The main aim of this article is to demonstrate the ability of cooperatives to create internal resources of a region through foreign direct investments and the creation of financial, physical, human, and social capital. It concerns the comparing and emphasizing of the stability of resources created in a region by these forms of action. In order to demonstrate the stability of internal resources of a region, generated through foreign direct investment, a research was conducted involving the analysis of the rankings of the largest foreign investors in Poland, statistical data from the Central Statistical Office and the NBP, showing the inflow and outflow of FDIs, the number of companies with foreign capital participation, and the number of people working in them. In addition, a case study was used for the regions where the investments have been withdrawn, showing the importance of cooperatives for the stabilization of the potential of the regions. The study shows that the transfer of FDIs is always guided by the maximization of profit, tax optimization of a location, and the native currency exchange rate fluctuations. The following consequences of withdrawal have no significance to foreign investors but affect the regions: the increase in the unemployment rate, the reduction in the income of local residents, the increase in debt, the acquisition of real estate purchased on credit. The case study shows that cooperative enterprises can replace foreign capital in the region, ensuring the stability and durability of its internal resources. The concepts and strategies for regional development should focus on cooperatives as a way to create the internal resources of a region, which are seen as the current development source. Co-operatives can prevent the leaching of resources and backwash effects. The economic policy must ensure the equal treatment of all of the entities investing in the region. Currently, Poland gives the priority to foreign investors over the domestic ones. Cooperative enterprises are particularly discriminated against through double taxation. It is worthwhile to examine the scale of the cooperative movement in the economy of the EU and the US and the policy instruments applied to this form of business in those areas.


2021 ◽  
Vol 9 (1) ◽  
pp. 53
Author(s):  
Salsabila Fakhriyyah Ar Raidah

<p align="center"><strong><em>Abstract</em></strong></p><p><em>Currently, the business sector that is being intensified by the Indonesian government is the mining sector which is aimed at increasing state revenue. The state revenue aims to prosper the people's welfare, which is guaranteed by the constitution of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia which states that the land, water and natural resources in it are state control designated in the event that prosperity of the people. In developing the mining business sector, Indonesia needs cooperation from foreign investors to adequately fulfill various needs. In developing the mining business sector, Indonesia needs cooperation from foreign investors to adequately fulfill various needs. In developing the mining business sector, Indonesia needs cooperation from foreign investors to adequately fulfill various needs. Therefore, Indonesia is cooperating with a company from America, namely PT. ExxonMobil. However, in the implementation of their investment activities, there are many problems, especially with the communities around the mining area. Therefore, this study aims to analyze the form of PT. ExxonMobil's responsibility for investing in Indonesia using normative juridical research methods..</em></p>


Author(s):  
Rrezarta Gashi

FDI (Foreign Direct Investments) are very important for many businesses worldwide including Kosovo as a country which is seeking for foreign investors to get healed from distraction of the past. Due to the capacity and purchasing power it has, market of Kosovo can be attractive for small and middle businesses intending to invest. Best options prospering in this sort of market, similar to Kosovo market, is by building of partnership or emerging businesses between foreign investors and domestic businesses as the best alternative for both parties. I would stress out the Kosovo market has potential for foreign companies to use the strategic management in order to expand their businesses, in this case in close cooperation or any kind of partnership with local companies by using opportunity in doing business in the field of distribution, representation and sales. Foreign interested companies intending to invest in Kosovo can use the strategic management in the field of operation such are: Distribution – usage of distribution strategies by getting into the partnership with domestic companies, Representation – practicing strategic planning of products offering in partnership with local businesses, Sales – can be mingled experience of companies which operate in Kosovo with best practices from other markets. This combination can afford reaching strategy planes effecting on better sales and aligning the company politics for: Logistic marketing – appropriate for current market of operation, Storage of goods – using the warehouses of partners or distributors, Transportation – using the vehicles of transport that partners are working with according to the agreement between partners – investor and native businesses- about the obligation and expenses for goods transportation.


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