![["A professional male attorney seated at a desk with legal symbols around him, drafting documents related to joint stock company legal obligations in Türkiye."]](/assets/blog-img/9e95305b-abbd-4d25-b8c6-b15e6f8da2cb_attorney-requirement-joint-stock-companies-turkiye.jpg)
Under Turkish law, certain joint stock companies, anonim şirket, are legally required to retain a contracted attorney. This obligation, introduced to enhance corporate compliance and ensure the proper management of legal affairs, stems from Article 35 of the Attorneyship Law, Law No. 1136. Companies that fail to meet this requirement are subject to significant monthly administrative fines, and the specific figures involved change every year in line with Türkiye's minimum wage.
Quick Answer: As of 2026, any joint stock company with paid in capital of 1,250,000 Turkish Lira or more must retain a contracted attorney under Article 35, paragraph 3 of the Attorneyship Law, and the same obligation applies to housing cooperatives with 100 or more members. A company that fails to comply faces a fine equal to twice the gross monthly minimum wage for every month of noncompliance, which for 2026 amounts to 66,060 Turkish Lira per month, since the 2026 gross minimum wage was set at 33,030 Turkish Lira effective 1 January 2026, an increase from the 2025 figure this obligation was previously calculated against.
As of 2026, any joint stock company with a paid in capital of at least 1,250,000 Turkish Lira is required to retain a contracted attorney under Article 35, paragraph 3 of the Attorneyship Law.
This legal obligation aims to ensure that corporations operate more efficiently and lawfully in their legal transactions. The rule also applies to housing cooperatives with 100 or more members.
The relevant provision of the law is as follows:
Joint stock companies whose capital is five times or more the minimum capital prescribed under Article 272 of the Turkish Commercial Code, and housing cooperatives with 100 or more members, must retain a contracted attorney.
Although the law refers to Article 272 of the former Turkish Commercial Code, Law No. 6762, the relevant provision is now found in Article 332 of the current Turkish Commercial Code, Law No. 6102.
According to the updated law, the minimum capital requirement for a joint stock company was raised from 50,000 Turkish Lira to 250,000 Turkish Lira by Presidential Decree No. 7887, published in the Official Gazette on 25 November 2023, effective as of 1 January 2024. Because the attorney obligation is set at five times this minimum capital figure, and the minimum capital figure itself has not changed since that 2024 increase, the attorney obligation continues to apply to joint stock companies with capital of 1,250,000 Turkish Lira or more in 2026, calculated as 250,000 Turkish Lira multiplied by five.
This rule applies only to joint stock companies operating under the fixed capital system. Companies under the registered capital system, capital market institutions, and variable capital structures are excluded from this requirement.
If you are still deciding on a structure, our comparison of limited liability companies and joint stock companies explains the key differences for your corporate establishment in Türkiye.
The policy rationale behind this rule is straightforward: joint stock companies above a certain capital size are considered significant enough participants in the economy that the legislature judged it appropriate to require them to have ongoing access to qualified legal advice, rather than leaving legal compliance to be addressed only reactively once a problem has already arisen. Because the threshold is tied to a multiple of the statutory minimum capital rather than a fixed figure set once and left unchanged, it automatically adjusts whenever the underlying minimum capital requirement itself is revised, which is precisely what happened with the increase that took effect on 1 January 2024.
The law requires a written attorney agreement, not an employment contract. Companies must engage a freelance attorney or law office on a continuous consultancy basis.
Key features of this attorney contract include:
For detailed legal and tax structuring, we also recommend reading about the benefits of forming a joint stock corporation in Turkey.
What happens if a joint stock company fails to retain an attorney? Per Article 35, paragraph 3 of the Attorneyship Law:
Companies that fail to appoint a contracted attorney shall be fined two times the gross monthly minimum wage for every month of noncompliance. The fine is imposed by the Public Prosecutor.
The penalty is calculated monthly, and applies retroactively for every month the company remains in violation. For example, a joint stock company that fails to retain an attorney for six months in 2026 will face a total fine of 396,360 Turkish Lira, calculated as six months multiplied by the 66,060 Turkish Lira monthly figure.
Because this fine is tied directly to the gross minimum wage, which is revised at the start of each calendar year, the applicable figure for any given month should always be checked against that year's officially announced minimum wage rather than carried over from a prior year's published amount.
The Chief Public Prosecutor's Office handles penalty enforcement. Bar associations are authorised to monitor companies and report violations.
No. This legal obligation only applies to joint stock companies and large cooperatives. Limited liability companies, limited şirket, are not legally required to retain an attorney.
However, while not mandatory, legal consultancy is still highly recommended for limited companies, especially when handling commercial contracts, labour law issues, disputes and litigation, and tax planning.
Having an attorney ensures proper legal compliance and reduces business risk. The duties and powers of managers in limited companies further illustrate why ongoing legal support matters even where it is not compulsory.
A joint stock company approaching or exceeding the 1,250,000 Turkish Lira threshold should generally work through the following steps rather than waiting until a compliance gap has already opened. First, confirm the company's current paid in capital against the threshold, keeping in mind that a capital increase triggers the obligation from the date of registration in the Trade Registry, not from the date of the shareholders' resolution approving it. Second, select and engage a contracted attorney under a written agreement meeting the three copy, Bar Association filing requirement described above, well before the obligation formally attaches wherever possible. Third, budget for the attorney's monthly fee under the current year's Minimum Attorney Fee Tariff as an ongoing compliance cost, rather than a one time expense, since the relationship is intended to be continuous rather than project based. Finally, maintain clear internal records of the attorney agreement and its Bar Association filing, since these are what the company would need to demonstrate compliance if a bar association or prosecutor's inquiry ever arose.
Any joint stock company with capital of 1,250,000 Turkish Lira or more must retain an attorney, a figure that has remained unchanged since the underlying minimum capital increase took effect on 1 January 2024.
66,060 Turkish Lira per month of noncompliance, calculated as two times the 2026 gross minimum wage of 33,030 Turkish Lira.
No, but it is highly advisable to work with one for legal safety, particularly for contracts, labour matters, disputes, and tax planning.
The agreement must be in written form, prepared in three copies under Article 73/A of the Attorneyship Law's Regulation, and one copy must be submitted to the Bar Association.
From the date the capital increase is registered in the Trade Registry, not from the date the general assembly resolution approving the increase was passed.
No. It is tied directly to the gross minimum wage, which is revised at the start of each calendar year, so the fine increases whenever the minimum wage increases.
Yes, where the cooperative has 100 or more members, it is subject to the same attorney retention obligation as a qualifying joint stock company.
No. The obligation applies only to companies operating under the fixed capital system; companies under the registered capital system, capital market institutions, and variable capital structures are excluded.
The fine is imposed by the Public Prosecutor, with enforcement handled through the Chief Public Prosecutor's Office, while bar associations are authorised to monitor companies and report violations.
It must be paid in accordance with the current year's Minimum Attorney Fee Tariff, which is itself revised annually and should be confirmed against its current version rather than assumed from a prior year.
The fine applies retroactively for every month the company was in violation, so a delayed realisation does not reduce the accumulated exposure, making prompt compliance once the threshold is reached important.
No. The law requires a written attorney agreement on a continuous consultancy basis, engaging a freelance attorney or law office, rather than an employment contract.
It can, since the 1,250,000 Turkish Lira figure is tied to five times the statutory minimum capital for a joint stock company, so any future increase to that minimum capital requirement would automatically raise the attorney obligation threshold as well.
Generally yes. The obligation attaches automatically once the capital threshold is met and registered, regardless of whether the company was aware of the requirement, which is why monitoring the company's capital position against this threshold is a compliance responsibility in its own right.
The legal obligation to retain an attorney for joint stock companies in Türkiye is a critical requirement to strengthen legal compliance and protect corporate interests. As of 2026, companies with capital of 1,250,000 Turkish Lira or more must comply with this regulation or face monthly fines of 66,060 Turkish Lira, a figure that will itself be revised again whenever the minimum wage next changes, meaning companies should treat this as a moving target to be reconfirmed annually rather than a fixed number to file away and forget.
Working with a qualified attorney not only ensures compliance with Turkish law but also gives your company a strategic legal advantage, since the same attorney relationship required for compliance purposes also positions the company to receive proactive advice on contracts, disputes, and regulatory changes throughout the year. At Bayraktar Attorneys, we provide corporate legal services and regularly assist companies in drafting legally sound contracts, resolving disputes, and maintaining full legal compliance.
