How to Start a Startup?
1. Company Formation and Structure Selection
⦁ Determining the Type of Company: First and foremost, entrepreneurs are expected to choose the type of company they wish to establish. This could be a Joint Stock Company or a Limited Liability Company, as these are generally the preferred types. However, it is advisable to seek legal advice for more information. Every type of company has its own advantages and disadvantages, and being aware of these can be important for you.
⦁ Articles of Association (Company Agreement):After determining the type of company, it is of course necessary to establish the relevant agreement in accordance with the law. Here, the parties' responsibilities, opportunities for participation in management, the company's structure, and its areas of activity will provide clues and determine its capabilities in these areas.
2. Tax and Financial Obligations
⦁ Obtaining a Tax Number: After the company is established, it will be necessary to register with the tax office and obtain a tax number.
⦁ Tax Returns and Accounting: It will be mandatory for the company to declare the taxes for which it is liable and to maintain accounting records.
3. Legal Permits and Licenses
⦁ Operating Permit: Of course, obtaining the necessary permits related to the field in which the venture will operate may be required. In this case, it will be to your advantage to benefit from the necessary consultancy services to avoid incurring responsibilities you would not want to incur.
4. Employee Rights and Labor Law
⦁ Employment Contracts: When it comes to the employment of workers, employment contracts are important in determining the rights and responsibilities of both the employee and the employer.
⦁ Social Security and Insurance: It is necessary for employees to be registered in the social security system and insured.
5. Intellectual Property Rights
⦁ Patents, Copyrights and Trademarks: To protect the company's distinctive and creative works, such as its name and logo, a trademark application will be necessary.
6. Founding Partners and Partnership Agreements
⦁ Partnership Agreement: Partnership agreements between the founders should also include alternative solutions that may exist when making a decision or resolving a problem.
⦁ Vesting and Exit Strategies: Strategies regarding partners' shares and exit from the company should be defined.
7. Investor Agreements
⦁ Investment Agreement: Agreements made at the time of receiving investments define the investors' rights over management and the terms of return on investment.
⦁ Due Diligence: A detailed examination of the company's financial and legal status is conducted during the investment process.
8. Privacy and Data Protection Law
⦁ Protection of Personal Data: In accordance with the Personal Data Protection Law (KVKK), necessary measures must be taken to protect the data of customers, employees, and third parties with whom relationships are established.
⦁ Privacy Policy: If the company collects data, a privacy policy should be developed regarding the data collected, its processing, the extent and type of its use, and other aspects that may give rise to the company's liability.
9. Compliance and Legal Risk Management
⦁ Regulatory Compliance: The company must comply with all relevant legal regulations of the sector in which it operates.
⦁ Legal Consultancy: Obtaining professional legal advice is important for managing legal risks and preventing legal problems.
10. Inter-Company Relations and Commercial Law
• Supplier and Customer Contracts: Customer contracts, which regulate the company's commercial relationships, must be legally binding and detailed in terms of legal protection.
• Collection and Debt Management: The company must collect its receivables on time and manage its debts effectively.
These legal foundations are critical for startups to have a sustainable structure and to anticipate and resolve potential legal issues in advance.