
In short
The company on the invoice is the debtor line of the enforcement file. The warehouse that took delivery of the goods, the salesperson who gave the order, and the parent company of the group may be other trade names. If the parent company is not on the invoice and not in a suretyship, it does not of itself assume the subsidiary's debt. A shareholder's personal property is not the subject of this distinction.
Three papers may not carry the same trade name
The order form, the dispatch note, and the invoice may not carry the same trade name. The request for proceedings chooses one trade name. If the chosen trade name is not on the register, or has been struck off, service goes nowhere. The short name on the sign is compared with the full trade name on the trade register. If the short name fits two companies at once, the line the invoice writes is the one taken as the basis. A similar sign does not carry the debt to the other company.
The register number, or the tax number, on the invoice chooses the debtor line. If the number and the trade name conflict, proceedings are not opened before the conflict is corrected. Correction is not enlarging the logo. Correction is the contract and the dispatch note of which legal person took the goods. It is also read in the name of which company the person who signed the dispatch note signed.
The name of the group is not suretyship
The parent company's logo standing at the head of the contract is not an assumption of the debt. Suretyship, or an assumption of the debt, asks for a separate signature. Asking for attachment of the parent company's account while that signature is missing does not collect the subsidiary's debt. Group companies sitting at the same address does not join the trade names. The same email address does not make two legal persons a single debtor either.
The parent company may in fact have paid the subsidiary's invoice. Payment does not mean it assumed all the later invoices. Which invoice was paid by whom appears on the receipt. If the explanation on the receipt carries another company's trade name, that explanation is placed in the file. While there is no explanation, the group relationship is not written in place of the signature.
Service and the current-account statement
Service goes to the registered address of the legal person that was chosen. The address cannot be shortened as the street where the sign stands. If the address on the register and the address on the invoice differ, which one will be gone to is read from the procedure of service. Service that went to the wrong person does not make the right company the debtor. A natural person and a legal person are not mixed in this article. The question here is which company inside the group.
A current-account statement can show the balance on a single line. If the statement carries a trade name other than the one on the invoice, the balance is not of itself written against that second company. Which invoices entered the statement is read from the breakdown. While there is no breakdown, a round balance is not copied as it stands into the request for proceedings. An objection can be made item by item. The item matches by the invoice number.
A shareholder's house is not this distinction
A company debt does not of itself go to the shareholder's house. That debate is the question of whether the legal person's debt passes to the shareholder. This article separates not the house, but which legal person will be written on the debtor line. If the shareholder signed the invoice in their own name, and wrote that openly, that signature is read separately. Stamping a seal does not make the shareholder a personal debtor.
An employee who gave the order orally may not be enough for the company to be the debtor. The employee's authority is asked from internal correspondence, or from the signature circular. While there is no document of authority, the employee's card does not write the parent company as debtor. The group name on the card does not go in front of the trade name on the invoice.
A joint director of a group company may be speaking in the name of both trade names. In the name of which trade name they signed is read from the seal and from the heading of the contract. If there is no heading, the signature does not make both companies debtors at once. The choice is the legal person on the invoice line. The group name on the card does not change this choice.
The route without a judgment for an invoice is in enforcement on an invoice, and a file opened against the wrong person is in the wrong person article. The address of service is in service on a company, the current-account balance in current account, and the shareholder's house in personal attachment.
The place looked at on the trade-name line
This article places the trade name on the invoice, the order form, and the register entry side by side. The office being in Çankaya does not change the enforcement office where the proceedings will be opened. The competent authority is read from the record of the debtor legal person and from the request for proceedings.
Conclusion
The debtor is chosen from the trade name on the invoice and on the order. The name of the group is not written in place of suretyship. The frame is on the enforcement and bankruptcy page.
The basis is Law No. 2004 on Enforcement and Bankruptcy and the Turkish Commercial Code, Law No. 6102.