
The trader is the natural person, within the meaning of Civil Code, which carries on independent economic activities requiring a normal commercial organization.
A natural person who exercises an independent profession (such as lawyer, notary, accountant, physician, engineer, architect, artist, etc.) is deemed a merchant if a special law assigns them that status.
A natural person who carries on agricultural, livestock, forestry, and similar activities is considered a trader if his activity is primarily focused on the processing and sale of agricultural, livestock, and forestry products (agribusiness).
A natural person whose economic activity, by reason of its scale, does not require a formal commercial organization (small trader) is not considered a trader and is not subject to this law. The Minister of Finance and the minister responsible for the economy, by joint order, shall approve the activity volume thresholds at which the obligation to register as a trader arises.
The trader registers under Articles 28(1) and 30 of the law. No. 9723, dated May 3, 2007 “For the National Registration Center.” If the trader has created a website, all data reported to the National Registration Center are published on that site.
The trader is obligated to adhere to the principles of professional integrity applicable in the trading environment in which he operates. The merchant, for the obligations arising from the activities carried out, is personally liable with all his present and future assets and rights, including movable and immovable property, industrial and intellectual property, claims against third parties and any right or other asset whose value can be expressed in money.
The trader loses his status when he suspends the exercise of his activity or when he is compelled to suspend it. In such a case, he is struck off the register, in accordance with Articles 48 to 53 of the law. No. 9723, dated May 3, 2007 “For the National Registration Center.
Source: National Business Center.
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