Duties, authorities and responsibilities of trade registry offices

In our study, the trade registry concept, trade registry processes, the organization of trade registry office/s and the duties and powers/authorities of the trade registrars, assistant trade registrars and other officers were examined in detail. The trade registry organization and the state, chambers of commerce and chambers of commerce and industry were examined in terms of legal and penal liabilities arising from keeping and retention of trade registry records. The duties and authorities of the trade registry offices regarding management and keeping and retention of the registry were explained under our study; and in this context, the issues including review and investigation, scope of the duty of investigation and the power of discretion in this sense, registration in the registry and the rejection of a registration request, invitation to registration and warning procedure, protection of the registry books and documents, notification to other registries and public authorities in respect of specific issues, certification of commercial books and forwarding of documents were evaluated and objectified in the light of Supreme Court decisions. The issues explained include the recourse action that may be filed against officers of trade registry offices within the framework of the mechanism of recourse by the state and the related chamber to those that are at fault and jointly and severally liable for the loss and damages arising from retention of trade registry, which was not specified in the Turkish Commercial Code no. 6762, but regulated within the Turkish Commercial Code no. 6102, the competent court of jurisdiction for such actions, mediation cause of action and liabilities to third parties. Keywords: Trade Registry, Registry Office, Registrar, Duty, Authority, Responsibility, Recourse Action, Power of Discretion