BRINGING MINING RIGHTS AS CAPITALS TO THE TRADING COMPANIES FROM THE PERSPECTIVE OF VALUATIONS OF LICENSES

Abstract

It is an undeniable fact that mining rights are at an important economic levelnowadays. Considering this characteristic, the Code is stipulated in the TurkishCommercial Code; "Mining licenses" and "other rights with an economic value like this"among the elements of property that can be brought as the same capital, allowing allmining rights to bring as a capital of the trading companies. In the No. 3213 Mining Law ineffect, Article 6, the possession of mineral rights can only be recognized to commercialcompanies with real or legal personality. The prerequisite for mining rights to beundertaken as capital is the absence of any limited property right, seizure and interiminjunction on it. In this respect, mining rights are valued by experts who will be appointedby the commercial courts. When the rights of mining are written as capital in the company'sarticles of incorporation, it is requested that the relevant rights holder apply the GeneralDirectorate of Mining and Petroleum Affairs (MAPEG) before the registration andannotate the mine register of the right of the relevant mine as capital. At this point, unlikethe Code, the annotation/registration of the transfer process foreseen by the mandatoryprovision of the Mining Law should also be conducted. In this study, the process ofbringing mineral rights as capital is analyzed, especially by emphasizing the perspective ofvalorization of licenses. In this way, it is aimed to help to conduct the aforementionedprocess within the mining license transfer in the minimum time and the actual monetaryvalue.