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ANNOUNCEMENT AND ADVERTISEMENT TAX & ENVIRONMENTAL TAX FOR SECOND TERM IN 2024
We refer to our Newsletter dated 24 January 2024 informing you regarding the below mentioned announcement and advertisement tax. The payment of the Environmental Tax, if had not been paid until the end of the month May in full and
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STANDARD CONTRACTS REGARDING TRANSFER OF PERSONAL DATA ABROAD PUBLISHED IN ENGLISH
We refer to our Newsletter dated 12 July 2024 which informed you that the Regulation on the Procedures and Principles Regarding the Transfer of Personal Data Abroad (the “Regulation”) was published in the Official Gazette numbered 32598 and dated 10
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UPCOMING DEADLINE FOR INTERNATIONAL DATA TRANSFER MEASURES
With reference to our Newsletter dated 28 June 2024 and titled “Amendments to the Personal Data Protection Code Have Entered Into Force”, where we informed you about significant amendments to the Turkish Data Protection Law, we would like to inform
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NEW REGULATION ON TRANSFER OF PERSONAL DATA ABROAD
We would like to inform you that the Regulation on the Procedures and Principles Regarding the Transfer of Personal Data Abroad (the “Regulation”) was published in the Official Gazette numbered 32598 and dated 10 July 2024. The Regulation has come
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TERMINATION OF RENT INCREASE LIMITATION FOR RESIDENTIAL RENTS
We refer to our Newsletter dated 22 June 2023 whereby we had informed you that the temporary provision in Turkish Code of Obligations that limits the rent increase in residential lease contracts with 25% maximum was extended until 1 July
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THE UPPER LIMIT OF CASH PAYMENTS
In Türkiye, the cash payments are allowed only up to a legal ceiling determined by the Communiqué No: 459 published in the Official Gazette numbered 29572 and dated 24 December 2015. The purpose of such a limitation is providing transparency
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FATF’S ANNOUNCEMENT ON TÜRKİYE’S REMOVAL FROM THE GREY LIST
With reference to our Newsletter dated 28 June 2024 and titled “Türkiye's Removal from FATF's Grey List”, we would like to inform you that on 28 June 2024, FATF published “Outcomes FATF Plenary, 26-28 June 2024” stating that Türkiye has
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TÜRKIYE’S REMOVAL FROM FATF’S GREY LIST
Today, the sixth and final Plenary of the Financial Action Task Force (“FATF”, in Turkish, “Mali Eylem Görev Gücü”) under the Presidency of T. Raja Kumar of Singapore concluded. As per the public announcement of the Ministry of Treasury and Finance of
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AMENDMENTS TO THE PERSONAL DATA PROTECTION CODE HAVE ENTERED INTO FORCE
With reference to our Newsletter dated 18 March 2024 and titled “Significant Amendments to the Turkish Data Protection Law”, the amendments to the Personal Data Protection Code (“Code”) regulated thereunder have entered into force as of 1 June 2024. In accordance
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NEW DECREE INTRODUCING UPDATED THRESHOLDS FOR LARGE ENTREPRISES
The Regulation on Amendments to the Independent Audit Regulation (in Turkish, “Bağımsız Denetim Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik”, the “Amending Regulation”) prepared by the Public Oversight, Accounting and Auditing Standards Authority (in Turkish, “Kamu Gözetimi, Muhasebe ve Denetim Standartları Kurumu”,
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AMENDMENTS TO THE TURKISH COMMERCIAL CODE
This Newsletter outlines the amendments made to certain articles of the Turkish Commercial Code numbered 6102 and dated 13 January 2011 (in Turkish, “6102 sayılı Türk Ticaret Kanunu”) (the “TCC”), with the Law Amending the Turkish Commercial Code and Other
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NEW MINIMUM SHARE CAPITAL OF JOINT STOCK COMPANIES AND LIMITED LIABILITY COMPANIES
As you may remember from our Newsletter dated 27 November 2023, the legislation regarding the new minimum share capital amounts for Joint Stock Companies and Limited Liability Companies has come into effect as of 1st January 2024 and this amendment
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ADVERTISING IN FOREIGN LANGUAGE WITHIN THE SCOPE OF TURKISH LAW
In the area of advertising, according to Turkish Law, language serves as a crucial tool for ensuring consumer clarity and protection. While there are no explicit bans on foreign language use, it's essential to align with regulations outlined in the
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DEADLINE TO SUBMIT NOTIFICATIONS FOR COMPANIES AND BRANCHES WITH FOREIGN CAPITAL AND LIAISON OFFICES
Foreign investor is defined in Article 2 of the Foreign Direct Investments Law numbered 4875 (in Turkish “Doğrudan Yabancı Yatırımlar Kanunu”, hereinafter referred to as the “Law”). Accordingly, foreign investors are: Real persons who possess foreign nationality and Turkish nationals
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Employer Representative’s Status With Regard to Job Security Provisions of the Labor Code
An employer representative (in Turkish “İşveren Vekili”) is an authorized individual entrusted in the management of the workplace (in Turkish, “işyeri”) and the enterprise (in Turkish, “işletme”). Article 2 of the Labor Code Numbered 4857 (the “Code”) titled “Definitions” defines employer
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NEW PRACTICE OF THE ISTANBUL TRADE REGISTRY OFFICE
In previous years, the resolutions of the Ordinary General Assembly Meeting of Shareholders of the companies registered before the Istanbul Trade Registry Office, which did not include any item subject to registration, but only the decisions on the approval of
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EUROPEAN CLOCKS HAVE BEEN MOVED FORWARD TO SUMMERTIME
European Union countries including France, Italy and Spain, as well as the United Kingdom have moved into summertime on Sunday, 31 March 2024 at 2 a.m., setting clocks forward an hour. As Türkiye had ceased the implementation of wintertime with the
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SIGNIFICANT AMENDMENTS TO THE TURKISH DATA PROTECTION LAW
The amendments to the Law numbered 6698 on the Protection of Personal Data ("LPPD"), adopted by Law numbered 7499 on the Amendments of the Code of Criminal Procedure and Certain Laws (“Amending Law”), were published in the Official Gazette numbered
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EXCEPTIONS TO THE FOREIGN CURRECY PAYMENT BAN HAS BEEN EXPANDED IN TÜRKİYE
The Communiqué numbered 2024-32/69 amending the Communiqué on Decree numbered 32 on the Protection of Value of Turkish Currency (Communiqué numbered 2008-32/34) (in Turkish "Türk Parası Kıymetini Koruma Hakkında 32 Sayılı Karara İlişkin Tebliğ (Tebliğ No: 2008-32/34)'de Değişiklik Yapılmasına Dair
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ANNOUNCEMENT AND ADVERTISEMENT TAX & ENVIRONMENTAL TAX FOR 2024
ANNOUNCEMENT AND ADVERTISEMENT TAX As per the Article 12 of the Municipal Revenues Code numbered 2464 (in Turkish, “Belediye Gelirleri Kanunu”), all kinds of advertisements and announcements made within the municipal boundaries and the areas under the control and
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CERTIFICATION OF COMPANY BOOKS FOR THE YEAR 2024
This Newsletter provides information relating to the certain provisions of the Communiqué on Commercial Books (in Turkish, “Ticari Defterlere İlişkin Tebliğ”) (hereinafter referred to as the “Communiqué”) on the commencement and year-end closing certifications of the commercial books of joint
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ANNUAL CEILING AMOUNT OF SENIORITY INDEMNITY HAS BEEN UPDATED
The Circular on “Financial and Social Rights” with the serial number 1 (in Turkish, “Mali ve Sosyal Haklar Hakkında Genelge (Sıra No:1)”, the “Circular”) has been published by the Ministry of Treasury and Finance, General Directorate of Public Financial Management
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THE DECISION REGARDING THE INCREASE OF THE MINIMUM WAGE
We refer to our Newsletter dated 28 December 2023 regarding the minimum wage determination and its announcement by the Ministry of Labor and Social Security and the Minimum Wage Determination Committee for the year 2024. We would like to inform
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THE OFFICIAL ANNOUNCEMENT REGARDING THE INCREASE OF THE MINIMUM WAGE
We refer to our Newsletter dated 24 November 2023 regarding the statements of relevant governmental officials related with an increase in the minimum wage. As it is known, a minimum wage is the lowest remuneration that employers can legally pay their
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WORK PERMIT EXEMPTION CERTIFICATE REQUIRED FOR BUSINESS LICENSE
The workplaces which will be opened and operated in Türkiye are subject to the Regulation on Business and Operating Licenses (in Turkish, “İşyeri Açma ve Çalışma Ruhsatlarına İlişkin Yönetmelik”, the “Regulation”), published in the Official Gazette dated 10 August 2015
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NEW MINIMUM SHARE CAPITAL FOR JOINT STOCK COMPANIES AND LIMITED LIABILITY COMPANIES
The President’s Decision numbered 7887, published in the Official Gazette dated 24 November 2023, amending article 332 and first paragraph of article 580 of the Turkish Commercial Code numbered 6102 shall enter into force on 1 January 2024. According to
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ANTICIPATED MINIMUM WAGE INCREASE TO BE DETERMINED IN DECEMBER 2023
We would like to inform you that in accordance with the statements of relevant governmental officials, an increase in the minimum wage will be announced in the coming month of December. Labor Code numbered 4857 (the “Code”) (in Turkish, “İş Kanunu”) envisages
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PRICE TAG REGULATIONS IN RETAIL SECTOR
The Price Tag Regulation has been published in the Official Gazette numbered 29044 dated 28 June 2014 (in Turkish, “Fiyat Etiketi Yönetmeliği”, the “Regulation”). Article 4 of the Regulation entitled “Definitions” defines the price tag as “The label used by sellers
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CERTAIN PROVISIONS OF REGULATION ON DISTANCE CONTRACTS POSTPONED
As we informed you with our Newsletter dated 5 January 2023, the Regulation on the Amendment of the Distance Contracts Regulation (“Mesafeli Sözleşmeler Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik”, the “Amendment Regulation”) was published in the Official Gazette on 23 August
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OBLIGATIONS REGARDING ANTI-MONEY LAUNDERING
The Law numbered 5549 for Prevention of Laundering of Crime Revenues, published in the Official Gazette numbered 26323 and dated 18 October 2006, entered into force on the same date (in Turkish, “5549 Sayılı Suç Gelirlerinin Aklanmasının Önlenmesi Hakkında Kanun”,
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AMENDMENT ON REGULATIONS GOVERNING CAPITAL LOSS AND NEGATIVE EQUITY
As per our Newsletter dated 8 November 2022, we informed you regarding the Communiqué on the Amendments of the Communiqué on the Procedures and Principles of the Implementation of Article 376 of the Turkish Commercial Code No. 6102 entered into
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TERMINATION OF THE EMPLOYMENT CONTRACT BY MUTUAL AGREEMENT
Mutual Termination Agreement (“MTA”) is not expressly regulated under Turkish Labor Law, however, is based on Article 26 of the Turkish Code of Obligations titled “Freedom of Contract” and recognized by Supreme Court decisions. MTAs envisage an economic benefit for the
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EUROPEAN CLOCKS HAVE MOVED INTO WINTERTIME
European Union countries including France, Italy and Spain have moved into wintertime on Sunday, October 29th at 3 a.m., setting clocks back an hour. On the other hand, in the United Kingdom, clocks are set back an hour on Sunday, October
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DETERMINATION OF RENTAL PRICE AND RENT DETERMINATION LAWSUIT
A lease agreement is a contractual arrangement where the lessor accepts to leave the use of an asset or benefit of such asset to the Lessee and the Lessee, in return, accepts to pay the agreed rental fee. It should
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MARKET RENTAL RATE
A lease agreement is a contractual arrangement where the lessor accepts to leave the use of an asset or benefit of such asset to the Lessee and the Lessee, in return, accepts to pay the agreed rental fee. It should
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SERVICE OF NOTIFICATIONS BY ELECTRONIC SYSTEMS IN TÜRKİYE THROUGH UETS, KEP AND EYP
The Notification Law numbered 7201 (in Turkish “Tebligat Kanunu”, hereinafter referred to as the “Law”) was modified in March 2018 with Law numbered 7101 on the amendment of the Bankruptcy Law and Other Laws. Based on this change of legislation, a
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MANDATORY MEDIATION FOR LEASE AND REAL ESTATE LAW DISPUTES IN FORCE AS OF 1 SEPTEMBER 2023
In our previous Newsletter dated 24 April 2023, we informed you of the Law numbered 7445 on Amending Code of Enforcement and Bankrupcy and Certain Laws (in Turkish “İcra ve İflas Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun”) that
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THE APOSTILLE CONVENTION AND ITS APPLICATION IN TÜRKİYE
The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents dated 5 Octobre 1961 (in Turkish, “LaheyYabancı Resmi Belgelerin Tasdiki Mecburiyetinin Kaldırılması Sözleşmesi”), more commonly known as “La Convention de la Haye du 5 Octobre 1961” (hereinafter referred
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MANDATORY MEDIATION FOR LEASE AND REAL ESTATE LAW DISPUTES IN FORCE AS OF 1 SEPTEMBER 2023
In our previous Newsletter dated 24 April 2023, we informed you of the Law numbered 7445 on Amending Code of Enforcement and Bankrupcy and Certain Laws (in Turkish “İcra ve İflas Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun”) that
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CHANGE IN EXEMPTION CRITERION FOR DATA CONTROLLERS REGISTRATION OBLIGATION
As per the decision of the Personal Data Protection Board published in the Official Gazette dated 18 August 2018 and numbered 2018/87, "real or legal person data controllers with an annual number of employees are less than 50 and their
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INCREASE IN THE EURO VALUED OF PHARMACEUTICAL PRODUCT PRICES
The Decision Amending the Decision on the Pricing of Pharmaceutical Products for Human Health (the “Decision”) has been entered into force by the Presidential decision numbered 7399, published in the Official Gazette dated 23 July 2023 and numbered 32257. As per
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IMPORTANT CHANGES TO THE REGULATION ON SALES, ADVERTISEMENT AND PROMOTION OF MEDICAL DEVICES
For various purposes such as bringing the obligation to issue a warranty certificate for medical devices to be used in hospitals, expanding the scope of centers where some medical devices are sold in order to facilitate the access of citizens
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VAT INCREASE IN TÜRKİYE AS OF 10 JULY 2023
The Value Added Tax (VAT, in Turkish, “KDV”) applicable to the goods and services on a general basis will be increased from 18% to 20% and while the 8% VAT applicable to the certain goods and services will be increased
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MINISTRY OF JUSTICE ANNOUNCES EXECUTION OF IMMOVABLE SALES IN NOTARY PUBLICS STARTING AS OF 4 JULY 2023
In our previous Newsletters, we had informed you of the Law on the Amendment of the Law on Judges and Prosecutors and Some Other Laws numbered 7413 (in Turkish: “7413 Sayılı Hâkimler Ve Savcılar Kanunu İle Bazı Kanunlarda Değişiklik Yapılmasına
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MINIMUM WAGE INCREASE AS OF 1 JULY 2023
We would like to inform you that following the 3rd Minimum Wage Determination Commission Meeting held on 20 June 2023, the minimum monthly wage increase rate that will be effective as of 1 July 2023 has been determined. As you may
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ANTICIPATED MINIMUM WAGE INCREASE WILL BE ANNOUNCED IN JULY 2023
We would like to inform you that in accordance with the statements of relevant governmental units, as well as the high expectations in this respect, an increase in the minimum wage will be announced in the coming month of July. Labor Code
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REQUEST OF EVICTION DUE TO NECESSITY BY LESSORS IN BUSINESS PREMISES
1. Definition Of A Lease Contract, Leases In General And Legislative Basis For Eviction Article 299 of the Turkish Code of Obligations (“TCO”) defines a lease contract as a contract whereby the lessor undertakes to grant the lessee the use of
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NEW REGULATION FOR COSMETIC PRODUCTS HARMONIZED WITH EU LEGISLATION
A new Cosmetic Regulation (in Turkish, “Kozmetik Ürünler Yönetmeliği”, hereinafter referred to as the “New Regulation”) which has been prepared within the framework of harmonization with the European Union legislation by taking into account the Regulation Numbered 1223/2009 of the
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DEADLINE TO SUBMIT THE ACTIVITY INFORMATION FORM FOR COMPANIES AND BRANCHES WITH FOREIGN CAPITAL AND LIAISON OFFICES
Pursuant to the Foreign Direct Investments Law numbered 4875 (in Turkish “Doğrudan Yabancı Yatırımlar Kanunu”, hereinafter referred to as the “Law”) and to the Regulation for the Implementation of the Foreign Direct Investments Law published in the Official Gazette dated
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MANDATORY MEDIATION AS OF 1 SEPTEMBER 2023 REGARDING LEASE DISPUTES AND CERTAIN IMMOVABLE LAW DISPUTES
The Law numbered 7445 on Amending Code of Enforcement and Bankrupcy and Certain Laws (in Turkish “İcra ve İflas Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun”) has made important amendments by introducing Article 18/B to the Law numbered 6325
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TERMINATION OF EMPLOYMENT FOLLOWING THE COMPLETION OF THE PROBATIONARY PERIOD
The probationary period (in Turkish, “deneme süresi”) is a process whereby an employee and employer may terminate the employment relationship without granting the other party any notice period and/or without paying any compensation (notice pay and/or seniority indemnity) (in Turkish,
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EUROPEAN CLOCKS HAVE BEEN MOVED FORWARD TO SUMMERTIME
European Union countries including France, Italy and Spain, as well as the United Kingdom have moved into summertime on Sunday, 26 March 2023 at 2 a.m., setting clocks forward an hour. As Turkey had ceased the implementation of wintertime with the
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REGULATION ON THE AMENDMENT OF THE REGULATION REGARDING SHOPPING MALLS
The Regulation regarding the Shopping Malls (in Turkish, “Alışveriş Merkezleri Hakkında Yönetmelik”, hereinafter referred to as the “Regulation”) has been issued by the Ministry of Trade, published in the Official Gazette dated 26 February 2016 and numbered 29636. As a brief
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EXECUTION OF IMMOVABLE SALES TRANSACTIONS BY NOTARIES AS OF 1 JULY 2023
The Regulation on the Procedures and Principles Applicable to the Immovable Sales Contracts Executed by the Notary Publics (In Turkish, “Noterler Tarafından Düzenlenen Taşınmaz Satış Sözleşmelerine Uygulanacak Usul Ve Esaslar Hakkında Yönetmelik”, the “Regulation”) has been published in the Official
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IMPORTANT CHANGES TO THE REGULATION ON DISTANCE CONTRACTS
The Regulation on the Amendment of the Distance Contracts Regulation (“Mesafeli Sözleşmeler Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik”, the “Amendment Regulation”) was published in the Official Gazette on 23 August 2022 and numbered 31932. With this Amendment Regulation, new provisions have been
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ADMINISTRATIVE FINE AMOUNTS IN PERSONAL DATA PROTECTION LAW FOR YEAR 2023
In this Newsletter, we intend to update you on various administrative fines which are imposed on data controllers (in Turkish, “veri sorumlusu”) within the scope of Article 18 under the title of “Misdemeanors” (in Turkish, “Kabahatler”) of the Law on
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THE DECISION REGARDING THE INCREASE OF THE MINIMUM WAGE
We refer to our Newsletter dated 22 December 2022 regarding the minimum wage determination and its announcement by the President for the year 2023. We would like to inform you with this additional bulletin that the Minimum Wage Determination Commission’s
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COMMUNIQUÉ REGARDING THE NOTIFICATIONS TO BE SERVED ABROAD
The Communiqué on the Procedures and Principles To Be Followed in Foreign Notifications and Letters of Request (Rogatory Requests) (in Turkish “Yurt Dışı Tebligat Ve İstinabe Taleplerinde Uyulmasi Gereken Usul Ve Esaslara Dair Tebliğ, the “Communiqué”) was published in the Official
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THE OFFICIAL ANNOUNCEMENT REGARDING THE INCREASE OF THE MINIMUM WAGE
As it is known, a minimum wage is the lowest remuneration that employers can legally pay their employees. As per the President’s announcement of today, the minimum wage in Turkey will be increased by 54.7% as of 1 January 2023. Accordingly,
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COURT OF CASSATION’S DECISION REGARDING SERVICE OF PETITIONS IN ANNULMENT LAWSUITS
The Court of Cassation General Assembly on the Unification of Judgments (the “Court”) with docket number 2021/1 and decision number 2022/3 (in Turkish, “Yargıtay İçtihadı Birleştirme Büyük Genel Kurulu’nun 2021/1 E., 2022/3 K. Sayılı Kararı, the “Decision”) has recently provided
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CONDITIONS FOR THE COMPANIES FOR BEING SUBJECT TO INDEPENDENT AUDIT AS OF 1 JANUARY 2023
We would like to inform you that the Decree Regarding the Determination of the Companies Subject to Independent Audit numbered 6434 (in Turkish, “Bağımsız Denetime Tabi Şirketlerin Belirlenmesine Dair Karar, the “Amending Decree”) was published in the Official Gazette on 30
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IMPORTANCE OF GAINING CONFIRMATION PRIOR TO MONEY TRANSFERS BETWEEN PARTIES
We would like to inform you that fraud attempts may occur in money transfers between one party and its suppliers and/or vendors. The incidents indicate that the fraud attempts are made through hacking/stealing the relevant individuals’ e-mail accounts whereby changing
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AN UPDATE ON REGULATIONS ON INCOME TAX AND RETAIL SALES INTRODUCED WITH THE NEW OMNIBUS LAW
In our Newsletter dated 7 November 2022, we informed you that the Omnibus Law on the Amendment of the Income Tax Law and Some Laws and Decrees numbered 7420 (in Turkish, “7420 Sayılı Gelir Vergisi Kanunu ile Bazı Kanun ve Kanun Hükmünde
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DEVELOPMENTS ON MANDATORY USE OF THE PHRASE “TÜRKİYE” IN ALL CORRESPONDENCES AND ACTIVITIES
As we informed you in our Newsletter dated 8 December 2021, The Presidential Circular (“Circular”) numbered 2021/24 has been published in the Official Gazette dated 4 December 2021 and numbered 31679, encouraging the use of the phrase “Türkiye” in all
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AMENDMENT WITH RESPECT TO REGULATIONS GOVERNING CAPITAL LOSS AND NEGATIVE EQUITY
As per our Newsletter dated 19 April 2022, we informed you regarding the Communiqué on the Amendments on the Procedures and Principles of the Implementation of Article 376 of the Turkish Commercial Code No. 6102 (in Turkish, “6102 Sayılı Türk
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REGULATIONS ON INCOME TAX AND RETAIL SALES INTRODUCED WITH THE NEW OMNIBUS LAW
The Omnibus Law on the Amendment of the Income Tax Law and Some Laws and Decrees (in Turkish, “Gelir Vergisi Kanunu ile Bazı Kanun ve Kanun Hükmünde Kararnamelerde Değişiklik Yapılmasına Dair Kanun, the“Omnibus Law”) is announced to have been enacted by
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EUROPEAN CLOCKS HAVE MOVED INTO WINTERTIME
European Union countries including France, Italy and Spain have moved into wintertime on Sunday, October 30th at 3 a.m., setting clocks back an hour. On the other hand, in the United Kingdom, clocks are set back an hour on Sunday, October
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IMPORTANCE OF ANNOTATING LEASE AGREEMENTS AT LAND TITLE REGISTRY
The general rule is that a lease is only enforceable among the parties of a lease agreement, i.e. the lessor and the lessee. In order to render a lease enforceable against third parties, especially a new lessor in case of
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DIGITALIZATION OF COMPANY LAW IN TURKEY
The Ministry of Commerce (the “Ministry”) has introduced a new practice that enables, in limited liability companies, the resolutions of general assembly meeting of shareholders to be adopted online via MERSIS (Mersis is a central registration online system) through expanding
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NOTARY PUBLICS ARE GRANTED WITH NEW AUTHORITY TO EXECUTE IMMOVABLE SALES TRANSACTIONS
The Law on the Amendment of the Law on Judges and Prosecutors and Some Other Laws numbered 7413 (in Turkish: “7413 Sayılı Hâkimler Ve Savcılar Kanunu İle Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun, the “Law”) was published in the Official
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INCREASE OF THE MINIMUM WAGE AS OF 1 JULY 2022
As you may recall from our Newsletter dated 23 May 2022, the Ministry of Labor and Social Security (in Turkish, “Çalışma ve Sosyal Güvenlik Bakanlığı”) conducted studies in order to protect employees from high inflation rates in Turkey and that
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RECENT LEGAL DEVELOPMENTS REGARDING THE MANDATORY USE OF TURKISH LANGUAGE IN CONTRACTS
As you may recall from our Newsletter dated 7 December 2021, we have informed you about the Law numbered 805 on Compulsory Use of Turkish Language in Commercial Businesses (in Turkish, “805 Sayılı İktisadi Müesseselerde Mecburi Türkçe Kullanılması Hakkında Kanun”,
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TEMPORARY LIMITATION ON RENT INCREASE FOR RESIDENTIAL RENTS
We refer to our Newsletter dated 9 June 2022 whereby we informed you that a temporary regulation regarding the rent increase has been announced and the details of such an arrangement would be published soon. The temporary provision which limits the
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LIMITATION OF RENT INCREASE FOR RESIDENTIAL RENTING ANNOUNCED BY THE MINISTER OF JUSTICE
We refer to our Newsletter dated 6 June 2022 whereby we informed you that a temporary regulation regarding the rent increase has been envisaged and the details of such an arrangement would be announced soon. The Minister of Justice has announced
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ANNUAL RENT INCREASE IN JUNE 2022 AND LIMITATION OF RENT INCREASE ANNOUNCEMENTS MADE BY THE MINISTERS
According to article 344 of Turkish Code of Obligation numbered 6098 (in Turkish, “Türk Borçlar Kanunu”), the rent increase rate at most is calculated by taking the 12-month CPI average (in Turkish, “TÜFE 12 aylık ortalamalara göre değişim oranı”) of
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ABOLISHMENT OF PCR TEST REQUIREMENT IN TÜRKİYE
We refer to our Newsletter dated 17 January 2022. PCR Test Requirements regarding the entry conditions when travelling to Türkiye have now been abolished. The Ministry of the Interior has issued a Circular regarding PCR Test Requirement on Entry into the
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REQUIREMENT OF WEARING MASK ON PUBLIC TRANSPORTATION HAS ENDED IN TURKEY
As you may recall from our Newsletter dated 26 April 2022, the Ministry of Health and the Coronavirus Science Committee decided that Covid-19 restrictions and the requirement of wearing masks indoors, except on public transportation and in health institutions were
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RIGHT OF FOREIGN INDIVIDUALS AND COMPANIES TO OBTAIN INFORMATION IN TURKEY
The right to information is the right of individuals and companies to access information and documents held by public authorities. In this way, public authorities become as transparent as possible. The Law on Right to Information numbered 4982 (in Turkish,
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ANTICIPATED MINIMUM WAGE INCREASE MAY BE ANNOUNCED IN JULY 2022
We would like to inform you that in accordance with the non-official statements of the relevant governmental units, as well as the high expectations in this respect, an increase in the minimum wage may be announced in the coming month of
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KEY CHANGES TO THE COMMUNIQUÉ ON MERGERS AND ACQUISITIONS SUBJECT TO PERMISSION OF COMPETITION BOARD
The Communiqué numbered 2022/2 (the “Amending Communique”) on “Amending Communique” Numbered 2010/4 Concerning the Mergers and Acquisitions Requiring Permission of the Turkish Competition Board (in Turkish, “Rekabet Kurulundan İzin Alınması Gereken Birleşme ve Devralmalar Hakkında Tebliğ’de (Tebliğ No: 2010/4) Değişiklik Yapılması Hakkında Tebliğ
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SIGNIFICANT AMENDMENTS IN THE CONSUMER PROTECTION LAW
The Law on the Amendment to the Consumer Protection and Property Ownership Law (in Turkish, “Tüketicinin Korunması Hakkında Kanun ile Kat Mülkiyeti Kanunda Değişiklik Yapılmasına Dair Kanun”, hereinafter referred to as “Amendment Law”) was published in the Official Gazette dated 1
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MANDATORY MEDIATION UNDER TURKISH LAW
1. Mediation in Commercial Disputes Mediation is a compulsory practice in Turkey, in relation to employment, consumer and commercial disputes where mediation is a cause of action (in Turkish, “dava şartı”). The Law on the Execution Proceedings for the Collection of Monetary
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REQUIREMENT OF WEARING MASK INDOORS EXCEPT ON PUBLIC TRANSPORTATION AND IN HEALTH INSTITUTIONS HAVE ENDED IN TURKEY
As mentioned in our Newsletter dated 3 March 2022, the Ministry of Health and the Coronavirus Science Committee discussed Covid-19 restrictions and the obligation of wearing masks outdoors was abolished. Following the positive developments in the pandemic process that have
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AMENDMENT REGARDING THE POSSIBILITY TO DETERMINE THE PRICE AND OTHER CONTRACTUAL PAYMENT OBLIGATIONS IN FOREIGN CURRENCY OR INDEXED TO FOREIGN CURRENCY FOR SALE OF MOVABLES
The Communiqué (Communiqué No: 2008-32/34) Regarding the Decree No: 32 on the Protection of the Value of the Turkish Currency (in Turkish, “Türk Parası Kıymetini Koruma Hakkında 32 Sayılı Karara İlişkin Tebliğ (Tebliğ No: 2008-32/34) (“Communiqué”) has been amended several
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ADVERTISING RULES TO BE ABIDED BY INFLUENCERS ON SOCIAL MEDIA CHANNELS
As we previously informed you in our Newsletter dated 27 May 2021, the basic provisions on the social media influencers were for the first time regulated in the Guideline on Commercial Advertisement and Unfair Commercial Practices made by Social Media
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ANNOUNCEMENT OF PERSONAL DATA PROTECTION BOARD ON THE REGISTRATION WITH DATA CONTROLLERS’ REGISTRY (“VERBIS”)
With reference to our Newsletters dated 16 March 2021 and 13 October 2021 whereby we informed you on the obligation to register with Data Controllers Registry (in Turkish, “Veri Sorumluları Sicil Bilgi Sistemi”, in short “VERBIS”) and on the postponed
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GUIDELINE WITH RESPECT TO REGULATIONS GOVERNING CAPITAL LOSS AND NEGATIVE EQUITY
The protection of the share capital in the equity is the most important principle for Turkish companies and therefore, the capital loss and negative equity positions (or by definion in practice technical insolvency) of the companies and the measures to
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VIOLATION OF THE LEASE CONTRACT SOLELY SHALL NOT BESTOW LESSOR RIGHT OF TERMINATION
Turkish Code of Obligations numbered 6098 (hereinafter the “TCO”) (In Turkish, “Türk Borçlar Kanunu”) that came into force on 1 July 2012 envisages provisions in relation to the lease agreement under the Turkish law system. In principle, the violation of the
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EUROPEAN CLOCKS HAVE BEEN MOVED FORWARD TO SUMMERTIME
European Union countries including France, Italy and Spain, as well as the United Kingdom have moved into summertime on Sunday, 27 March 2022 at 3 a.m., setting clocks forward an hour. As Turkey had ceased the implementation of wintertime with the
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RECENT AMENDMENT ON JEWELRY TRADE REGULATION
With reference to our Newsletter dated 23 November 2021 related with the Regulation on Jewelry Trade (in Turkish, “Kuyum Ticareti Hakkında Yönetmelik”, the “Regulation”) whereby we informed you about the obligation to obtain a certificate of authorization (in Turkish, “Yetki
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THE PCR TEST COSTS OF EMPLOYEES
EMPLOYERS’ OBLIGATION TO COVERAs you may kindly recall from our Newsletter dated 17 January 2022 titled “Rearrangement of PCR Test Requirement”, the requirement to take a PCR test has been abolished for several circumstances as per the “Circular” dated 15 January 2022 issued
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RECENT AMENDMENTS ON THE PRICE TAG REGULATION
The Amending Regulation on the Price Tag Regulation (In Turkish, “Fiyat Etiketi Yönetmeliği’nde Değişiklik Yapılmasına Dair Yönetmelik”, “Amending Regulation”) has been published in the Official Gazette dated 18 February 2022, numbered 31754 and entered into force on 1 March 2022. The
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RECENT DEVELOPMENTS REGARDING DECLARATION OF SIGNATURE AND DECLARATION OF DUTY ACCEPTANCE TO BE PROVIDED TO THE TRADE REGISTRY OFFICES
Following the amendment of Article of 40 of the Turkish Commercial Code numbered 6102, the Ministry of Trade published an announcement on MERSIS (the online Trade Registry Central Registration System) related with digital signature declaration (in Turkish, “imza beyannamesinin elektronik
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THE REQUIREMENT OF WEARING MASK OUTDOORS AND THE IMPLEMENTATION OF “HES CODE” HAVE ENDED IN TURKEY
Following the implementation of measures, the positive developments in the pandemic process have taken place, thereby the recommendations of the Ministry of Health and the Coronavirus Science Committee were discussed on 2 March 2022. It was evaluated that the following the
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SIGNIFICANT AMENDMENTS ON THE REGULATION ON THE COMMERCIAL ADVERTISEMENT AND UNFAIR COMMERCIAL PRACTICES
The Ministry of Trade amended the Regulation on Commercial Advertisement and Unfair Commercial Practices (the “Regulation”). The amending Regulation was published in the Official Gazette numbered 31737 on 1 February 2022 (the “Amending Regulation”) (in Turkish, “Ticari Reklam ve Haksız Ticari
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REARRANGEMENT OF PCR TEST REQUIREMENT
The Ministry of the Interior has issued the Circular regarding PCR Test Requirement (in Turkish, “PCR Test Zorunluluğuna İlişkin Genelge”) on 15 January 2022, pursuant to the recent course of the coronavirus outbreak in Turkey and the recommendations of the
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EXTENSION OF DEADLINE PERIOD TO APPLY FOR CERTIFICATE OF AUTHORISATION FOR JEWELRY TRADE ACTIVITIES
As we informed you with our Newsletter dated 23 November 2021, the Regulation on Jewelry Trade (the “Regulation”) has been published in the Official Gazette numbered 31454 on 14 April 2021 and entered into force as of the same date. The
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REARRANGEMENT OF QUARANTINE PERIOD FOR COVID-19 PATIENTS IN TURKEY
Following the significant increase in Covid-19 cases in Turkey due to the spread of Omicron variant, the Scientific Advisory Board of the Ministry of Health has reconvened and adopted several decisions regarding the rearrangement of quarantine rules for Covid-19 patients
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ANNUAL INCREASE RATES AS OF JANUARY 2022
As you are aware, as per the mandatory Article 344 of the Turkish Code of Obligations, the rent increase of the business premises is also limited by the consumer price index (hereinafter referred to as “CPI”) (in Turkish, “TÜFE”) as
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EXTENSION OF THE APPLICATION DEADLINE FOR SOCIAL SECURITY INSTITUTION ELECTRONIC NOTIFICATION AND FORM OF APPLICATION
As we previously informed you with our Newsletter titled “New Regulation Regarding the Notifications to be Served Electronically to the Employers by the Social Security Institution” dated 8 October 2021, with the Regulation on the Notifications To Be Served Electronically
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THE DECISION REGARDING THE INCREASE OF THE MINIMUM WAGE
As it is known, a minimum wage is the lowest remuneration that employers can legally pay their employees. The Minimum Wage Determination Commission is the authorized institution to determine the minimum wage in Turkey. Following the meetings held within the
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CERTIFICATION OF COMPANY BOOKS BEFORE END OF YEAR
Similar to previous years, as we approach the year-end, we present to your attention the requirements for the annual certification of company commercial books (in Turkish, “şirketin ticari defterleri”). According to Article 64 of the Turkish Commercial Code numbered 6102
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MANDATORY USE OF THE PHRASE “TÜRKİYE” IN ALL CORRESPONDENCES AND ACTIVITIES
The Presidential Circular (“Circular”) numbered 2021/24 has been published in the Official Gazette dated 4 December 2021 and numbered 31679, encouraging the use of the phrase “Türkiye” in all correspondences activities to strengthen its brand. The Circular emphasizes that this decision
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MANDATORY USE OF TURKISH LANGUAGE IN AGREEMENTS AND OTHER DOCUMENTS AND THE STATUS OF ARBITRATION AGREEMENTS UNDER THE LAW NUMBERED 805
Law numbered 805 on the Compulsory Use of Turkish Language in Commercial Businesses (in Turkish, “İktisadi Müesseselerde Mecburi Türkçe Kullanılması Hakkında Kanun”, the “Law”) was published in the Official Gazette numbered 353 on 22 April 1926 and entered into force as of the
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OBLIGATIONS REGARDING ANTI-MONEY LAUNDERING
The Law No. 5549 for Prevention of Laundering of Crime Revenues, published in the Official Gazette numbered 26323 and dated 18 October 2006, entered into force on 16 February 2013 (in Turkish, “5549 Sayılı Suç Gelirlerinin Aklanmasının Önlenmesi Hakkında Kanun”,
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HAVE YOU APPLIED FOR A CERTIFICATE OF AUTHORISATION FOR JEWELRY TRADE ACTIVITIES?
The Regulation on Jewelry Trade (the “Regulation”) has been published in the Official Gazette numbered 31454 on 14 April 2021 and entered into force as of the same date. The deadline for applying for a certificate of authorization is 31 December
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NEW COMMUNIQUE ON LAND TITLE REGISTRY TRANSACTIONS
The General Directorate of the Land Title Registry and Cadastre (in Turkish, “Tapu ve Kadastro Genel Müdürlüğü”) issued a new circular (hereinafter referred to as the “Circular”) numbered 2021/7 on 11 October 2021, which provides principles for the implementation of
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CHANGE OF TERM OF THE LIQUIDATION PERIOD FROM SIX TO THREE MONTHS
The Omnibus Law numbered 7341 on the Amendment to Law on the Foundation and Duties of the Turkish Exporters Assembly and the Exporters' Associations and to Certain Laws (in Turkish, “Türkiye İhracatçılar Meclisi ile İhracatçı Birliklerinin Kuruluş ve Görevleri Hakkında
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The Guideline on Processing Biometric Data Published by The Personal Data Protection Authority
The Turkish Personal Data Protection Authority (in Turkish, “Kişisel Verileri Koruma Kurumu”,hereinafter referred to as the “Authority”) has published a Guideline on Points to Take into Consideration When Processing Biometric Data (hereinafter referred to as “Guideline”) on 17 September 2021. The
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EUROPEAN CLOCKS HAVE MOVED INTO WINTERTIME
European Union countries including France, Italy and Spain have moved into winter time on Sunday, October 31st at 3 a.m., setting clocks back an hour. On the other hand in the United Kingdom, clocks are set back an hour on Sunday,
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AMENDMENT OF THE ZERO WASTE REGULATION
The Amending Regulation on the Zero Waste Regulation (in Turkish, “Sıfır Atık Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik”) (hereinafter referred to as the “Amending Regulation”) has been published in the Official Gazette numbered 31623 on 9 October 2021 and entered into
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DEADLINE REMINDER FOR THE REGISTRATION WITH THE DATA CONTROLLERS REGISTRY (VERBIS)
As you may remember from our Newsletter dated 16 March 2021, we informed that pursuant to the decision dated 11 March 2021 and numbered 2021/238 of the Personal Data Protection Authority published on 16 March 2021 in the Official Gazette,
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NEW REGULATION REGARDING THE NOTIFICATIONS TO BE SERVED ELECTRONICALLY TO THE EMPLOYERS BY THE SOCIAL SECURITY INSTITUTION
The Regulation on the Notifications To Be Served Electronically By The Social Security Institution (“SSI”) (in Turkish, “Sosyal Güvenlik Kurumunca Elektronik Ortamda Yapılacak Tebligata İlişkin Yönetmelik”) (hereinafter referred to as the “Regulation”) has been published in the Official Gazette numbered
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LAW ON THE RATIFICATION OF THE PARIS AGREEMENT BY TURKEY
The Law on the Approval of Ratification of the Paris Agreement numbered 7335 (in Turkish “Paris Anlaşmasının Onaylanmasının Uygun Bulunduğuna Dair Kanun”) (hereinafter referred to as the “Law”) has been adopted on 6 October 2021, published in the Official Gazette
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AMENDMENTS ON EMERGENCY REGULATION IN WORKPLACES
We would like to inform you that the Regulation on Emergencies in Workplaces (in Turkish, “İşyerlerinde Acil Durumlar Hakkında Yönetmelikte Değişiklik Yapılmasına Dair Yönetmelik”) has been amended with the publication of the Amendment Regulation (hereinafter referred to as the “Amendment
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PERSONAL DATA PROTECTION AUTHORITY’S ANNOUNCEMENT REGARDING PROCESSING OF PCR TEST RESULTS AND VACCINATION DATA
We would like to inform you that the Personal Data Protection Authority (the “Authority”) (in Turkish, “Kişisel Verileri Koruma Kurumu”) has made a public announcement on 28 September 2021 on its official website regarding the implementation of Covid-19 PCR test
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SIGNIFICANT DECISION BY MINISTRY OF HEALTH FOLLOWING COVID-19 VACCINATION
We would like to inform you that according to the newly updated “Contact Tracking, Pandemic Management, Patient Monitoring and Filiation at Home” guide of the Ministry of Health; quarantine rules shall be eased for individuals who have had at least
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EMPLOYERS’ OBLIGATION TO INFORM UNVACCINATED EMPLOYEES IN WORKPLACES
With reference to our Newsletter dated 3 September 2021 regarding “Mandatory PCR Test for the Employees Who Have Not Been Vaccinated”, we would like to further inform you that as per the same Announcement, the employers are under an obligation
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MANDATORY PCR TEST FOR THE EMPLOYEES WHO HAVE NOT BEEN VACCINATED
The Ministry of Labor and Social Security has declared that its their duty to ensure the health and security measures to be implemented at work places, and hence issued a Communiqué dated 3 September 2021 in this respect. As per this
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NOTIFICATION OBLIGATION OF THE COMPANIES REGARDING THEIR “BENEFICIAL OWNERS” AS PER THE NEW COMMUNIQUÉ
The Turkish Tax Procedural Law General Communiqué serial numbered 529 (“the Communiqué”) concerning the notification obligation of the information related to the actual/real beneficiary (in Turkish, “gerçek faydalanıcı bilgisi”) to the tax authority, has come into effect by being published
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COURT OF CASSATION RULED ON ADAPTATION OF LEASE CONTRACTS DUE TO THE COVID-19
In our previous Newsletter on adaptation of lease contracts due to the Covid-19, we informed you that the 4thChamber of the Bursa Regional Court of Justice with its docket numbered 2020/1103 decision numbered 2020/1008 and dated 28 September 2020 has
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The Levy of Stamp Duty on Contracts Regarding the Formal Notices of the Unilateral Termination
The Notaries Union published a circular numbered 2021/12 dated 6 July 2021 regarding the nature of the notices of unilateral termination of contracts, as well as the stamp duty obligation arising from such notices. The purpose of the circular addressed to
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SIGNIFICANT AMENDMENTS TO THE CONCORDATUM UNDER ENFORCEMENT AND BANKRUPTCY LAW
The Law Amending the Enforcement and Bankruptcy Law and Certain Laws numbered 7327 (“Amendment Law”) was published in the Official Gazette on 19 June 2021. The Law brought certain amendments to the provisions of the Enforcement and Bankruptcy Law (“EBL”)
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AMENDMENT TO THE CONDOMINIUM OWNERSHIP LAW
The Law Amending the Enforcement and Bankruptcy Law and Certain Laws numbered 7327 (“Amendment Law”) was published in the Official Gazette on 19 June 2021. This Omnibus Law brought certain amendments to the Condominium Ownership Law dated 23 June 1965
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NEW MEASURES AT BORDER GATES FOR ENTRY INTO TURKEY AND NORMALISATION PROCESS BEGINNING AS OF 1 JULY 2021
In the previous newsletter published on 22 June 2021, we mentioned that we will provide more detailed information after the publication of the relevant circular. The Ministry of the Interior issued the Circular dated 27 June 2021 regarding Measures related to
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Transfer of Personal Data Abroad Data Protection Board’s Another Approval Decision
Cross-border data transfers in Turkey has always been a discussed problematic issue as of the enforcement of the Personal Data Protection Code Numbered 6698 (in short “PDPC”). As a rule, sensitive and non-sensitive personal data can be transferred abroad if the
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Normalization Process Begins in July
As you are aware, the curfew hours on weekdays and weekends were rearranged in accordance with the decisions taken at the beginning of June. According to the decision, curfew has been implemented between 22:00 p.m. - 05:00 a.m. on Monday,
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Employers’ Options for Employees Who Refuse a Covid-19 Vaccination
As a result of the increase in the speed of Covid-19 vaccination across the country, especially following the latest statement made by the Ministry of Health on 14 June 2021 regarding that all employees registered with the Social Security Institution
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RECENT AMENDMENTS ON THE PROCEDURES AND PRINCIPLES OF GENERAL ASSEMBLY MEETINGS OF JOINT-STOCK COMPANIES AND MINISTRY REPRESENTATIVES TO BE PRESENT AT THESE MEETINGS
The Amendment Regulation (hereinafter referred to as the “Amendment Regulation”) on the main legislation governing the formalities for general assembly meetings of joint-stock companies, “Regulation on the Procedures and Principles of General Assembly Meetings of Joint Stock Corporations and Ministry
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Normalization Process Begins in Turkey
Following the full lockdown period, the positive developments in the pandemic process have taken place, thereby the recommendations of the Ministry of Health and the Coronavirus Science Committee were discussed in the Presidential Cabinet dated 31 May 2021; within the
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AMENDMENT OF THE REGULATION ON THE “CE” MARK WHICH INDICATES THE SAFETY OF THE PRODUCT
The Regulation on the “CE” Mark (in Turkish, “CE İşareti Yönetmeliği”) (hereinafter referred to as the “Regulation”), which was prepared based on the Article 24 of the Law on Product Safety and Technical Regulations numbered 7223 (hereinafter referred to as
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NEW GUIDELINE ON COMMERCIAL ADVERTISEMENT AND UNFAIR COMMERCIAL PRACTICES MADE BY SOCIAL MEDIA INFLUENCERS HAS ENTERED INTO FORCE
The Guideline on Commercial Advertisement and Unfair Commercial Practices made by Social Media Influencers (in Turkish, “Sosyal Medya Etkileyicileri Tarafından Yapılan Ticari Reklam Ve Haksız Ticari Uygulamalar Hakkında Kılavuz”, hereinafter referred to as the “Guideline”), which was prepared based on
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JUDICIAL AND OTHER MEASURES DETERMINED WITHIN THE SCOPE OF THE FULL LOCKDOWN DECISION AGAINST COVID-19
As you are aware, the Ministry of Interiors has published its public mandate titled “Circular on Full Lockdown Measures for 81 Provincial Governorships” dated 26 April 2021, setting forth detailed regulations on full lockdown and intercity travel restriction. The Council of
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EXTENSION OF PROHIBITION ON THE UNILATERAL TERMINATION OF THE EMPLOYMENT CONTRACT AND SHORT-TERM WORK ALLOWANCE DUE TO COVID-19
As you are aware, the Presidential Decision numbered 3592 published in the Official Gazette dated 9 March 2021 and numbered 31418, had extended the period of the prohibition on the unilateral termination of employment contracts by the employer and employers’
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FULL LOCKDOWN DECISION AND INTERCITY TRAVEL RESTRICTION TO CURB WITH THE SPREADING EFFECTS OF COVID-19 PANDEMIC
As you are aware, the lockdown which was currently in effect, was being imposed between 7 p.m. until 5 a.m on weekdays and throughout the whole weekend pursuant to the previous Circular of the Ministry of Interiors dated 14 April
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ADAPTATION OF LEASE CONTRACTS DUE TO THE COVID-19
The Coronavirus (Covid -19) outbreak has been declared as a pandemic by the World Health Organization and consequently similar to many countries around the world, Turkey has taken important measures to prevent the spread of the Covid -19. One of
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Recent Amendment Regarding the Closing Hours of Shopping Malls and Stores in Istanbul
Following the new restriction decisions imposed due to the Coronavirus pandemic as per the decision of the Presidency Cabinet dated 13 April 2021, details of which we have disclosed in our previous Newsletter dated 14 April 2021, the Chairman of
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PARTIAL LOCKDOWN DECISION AND NEW RESTRICTIONS TO COMBAT WITH THE SPREADING EFFECTS OF COVID-19 PANDEMIC
As you are aware, the curfew which was currently in effect, was being imposed between 9 p.m. until 5 a.m on weekdays, pursuant to the previous Circular of the Ministry of Interiors dated 1 December 2020. As per the decision of
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The Communiqué on Notification and Registration of Bearer Shares to the Central Registration Agency
The Communiqué Regarding The Notification and Registration Of Bearer Shares To The Central Registry Agency (“CRA”) (in Turkish, “Hamiline Yazılı Pay Senetlerinin Merkezi Kayıt Kuruluşuna Bildirilmesi ve Kayıt Altına Alınması Hakkında Tebliğ”) prepared by the Ministry of Commerce has been
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RECENT DEVELOPMENTS REGARDING DECLARATION OF SIGNATURE TO BE PROVIDED TO THE TRADE REGISTRY OFFICES
The Communiqué Amending the Communiqué on Execution of the Articles of Association Before Trade Registry Offices (in Turkish, “Şirket Kuruluş Sözleşmesinin Ticaret Sicili Müdürlüklerinde İmzalanması Hakkında Tebliğde Değişiklik Yapılmasına Dair Tebliğ”) (hereinafter referred to as the “Amending Communiqué”) has been
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REMOTE WORKING REGULATION IS IN FORCE
As you are aware, the majority of the Companies had to switch to remote working system in order to protect the health of their employees following the emergence of the Covid-19 pandemic. In light of this matter, as of 10
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TAX FILING REQUIREMENT FOR THE EMPLOYEES HAVING A WAGE INCOME EXCEEDING TRY 600,000 IN 2020
As you are aware, pursuant to the Income Tax Law numbered 193, wages other than those exempted from tax are subject to income tax through deductions. Previously, wages received from a single employer were not subject to declaration, regardless of their
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DEADLINE REMINDER FOR THE REGISTRATION WITH THE DATA CONTROLLERS REGISTRY (VERBIS)
Pursuant to the decision numbered 2021/38 of the Personal Data Protection Authority published on 16 March 2021in the Official Gazette, the deadlines for the registration with the Data Controllers Registry (VERBIS) has been extended. We would like to inform you of
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EXTENSION OF PROHIBITION ON THE UNILATERAL TERMINATION OF THE EMPLOYMENT CONTRACT DUE TO COVID-19
As you are aware, the Presidential Decision numbered 3344 published in the Official Gazette dated 30 December 2020, had extended the period of the prohibition on the unilateral termination of employment contracts by the employer and employers’ option to send
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ADDITIONAL EXTENSION OF SHORT-TERM WORK ALLOWANCE
As you are aware, the Presidential Decision numbered 3317, which was published in the Official Gazette dated 23 December 2020, had extended the period of short-time work allowance (in Turkish, “Kısa Çalışma Ödeneği”), for an additional two (2) months, within
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ANNUAL INCREASE RATES AS OF JANUARY 2021
As you are aware, as per the mandatory Article 344 of the Turkish Code of Obligations, , the rent increase of the business premises is also limited by the consumer price index (hereinafter referred to as “CPI”) (in Turkish, “TÜFE”)
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ANNUAL INCREASE RATES AS OF JANUARY 2021
As you are aware, as per the mandatory Article 344 of the Turkish Code of Obligations, as of the date of 1 July 2020, the rent increase of the business premises is also limited by the consumer price index (hereinafter
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2021 CERTIFICATION OF COMPANY BOOKS
This Newsletter provides information relating to the certain provisions ofthe Communiqué On Commercial Books (in Turkish, “Ticari Defterlere İlişkin Tebliğ”) (hereinafter referred to as the “Communiqué”), on the commencement and year-end closing certifications of the commercial books of joint stock
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CRIMINAL RECORD REQUIREMENT FOR COMPANIES PARTICIPATING IN TENDERS
As per the Public Procurement General Communiqué (in Turkish, “Kamu İhale Genel Tebliğ”) (hereinafter referred to as the “Communiqué”), each real or legal person participating in tenders to be conducted within the scope of the Public Procurement Law numbered 4734
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AMENDMENTS BROUGHT ON THE SECONDARY LEGISLATION REGARDING CONSUMER PROTECTION LAW
The Regulation on the Amendment of the Regulation on Warranty Certificate (in Turkish “Garanti Belgesi Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik”), the Regulation on the Amendment of the Regulationon After Sales Services (in Turkish “Satış Sonrası Hizmetler Yönetmeliğinde Değişiklik Yapılmasına Dair
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NEW LAW AMENDING THE RULES IN RELATION TO BEARER SHARES OF JOINT STOCK COMPANIES AND KEEPING COMPULSORY COMPANY BOOKS IN ELECTRONIC ENVIRONMENT
Law on Preventing the Financing of the Proliferation of Weapons of Mass Destruction numbered 7262 which contains a part concerning amendment of the provisions on bearer shares of the Turkish Commercial Code numbered 6102 dated 1 July 2012 (the “TCC”),
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EXTENSION OF PROHIBITION ON THE UNILATERAL TERMINATION OF THE EMPLOYMENT CONTRACT DUE TO COVID-19
As you are aware, the Presidential Decision numbered 3135 published in the Official Gazette dated 27 October 2020, had extended the period of the prohibition on the unilateral termination of employment contracts by the employer and employers’ option to send
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THE DECISION REGARDING THE INCREASE OF THE MINIMUM WAGE
As it is known, a minimum wage is the lowest remuneration that employers can legally pay their employees. The Minimum Wage Determination Commission is the authorized institution to determine the minimum wage in Turkey. Following the meetings held within the
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A RECENT PROPOSAL FOR PASSING NEW LAW AMENDING THE RULES IN RELATION TO BEARER SHARES OF JOINT STOCK COMPANIES AND KEEPING COMPULSORY COMPANY BOOKS IN ELECTRONIC ENVIRONMENT
An amendment proposal on Law on Preventing the Financing of the Proliferation of Weapons of Mass Destruction (“Proposed Amendment”) were submitted to the Grand National Assembly of Turkey (T.B.M.M.) on 16 December 2020 and was adopted by the Judicial Commission
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ADDITIONAL EXTENSION OF SHORT-TERM WORK ALLOWANCE
As you are aware, the Presidential Decision numbered 3134, which was published in the Official Gazette dated 27 October 2020, had extended the period of short-time work allowance (in Turkish “Kısa Çalışma Ödeneği”), for an additional two (2) months, within
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NEW MEASURES AND RESTRICTIONS TO COMBAT WITH THE SPREADING EFFECTS OF COVID-19 PANDEMIC
As per the decision of the Presidency Cabinet dated 14 November 2020, it was decided to impose curfews within the scope of the new measures which is valid continuously from Thursday, December 31st, 9 p.m until Monday, January 4th, 5
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EXTENSION OF THE APPLICATION PERIOD OF WITHHOLDING TAX AND VAT REDUCTION ON WORKPLACE RENTS
As per the decisions made by the Presidential Cabinet and announced on 15 December 2020, the application period of the reduction on withholding tax (in Turkish, “stopaj”) on workplace rental fees, which was previously reduced from 20 percent (20%) to
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EXTENSION OF THE APPLICATION PERIOD FOR THE SHORT-TIME WORK ALLOWANCE
As per the Presidential Decision dated 30 November 2020 and numbered 3238, the application period for the short-term work allowance (in Turkish “Kısa Çalışma Ödeneği”) had been extended. In this respect, the workplaces requesting short-time work for the period after 1 December 2020
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NEW MEASURES AND RESTRICTIONS TO COMBAT WITH THE SPREADING EFFECTS OF COVID-19 EPIDEMIC
As per the decision of the Presidency Cabinet dated 30 November 2020, it was decided to impose curfews within the scope of the new measures which is valid between 9 p.m. and 5 a.m. on weekdays and a full lockdown
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PRESS RELEASE REGARDING THE POSTPONEMENT OF THE DEADLINES RELATED TO THE COMMERCIAL ELECTRONIC MESSAGE MANAGEMENT SYSTEM (in Turkish “İYS”)
As per the very recent emerging press release dated 30 November 2020 made by the Ministry of Commerce of the Republic of Turkey (“Ministry”), it has been announced that the deadlines for registration and uploading current approvals provided by service
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NEW INFORMATION GUIDELINE FOR COSMETIC PRODUCT MANUFACTURERS, CONSUMERS, ESTABLISHMENTS PROVIDING SERVICES AND PROFESSIONALS USING PROFESSIONAL PRODUCTS
“Information Guideline for Cosmetic Product Manufacturers, Consumers, Establishments Providing Service and Professionals Using Professional Products” (in Turkish, “Kozmetik Ürün Üreticisi, Tüketicisi, Hizmet Sunulan Müessese ve Profesyonel Ürünleri Uygulayan Profesyonel Kişiler İçin Bilgilendirme Kılavuzu”, hereinafter referred to as the “Guideline”) has
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REMINDER ON THE APPROACHING DEADLINE TO REGISTER WITH THE COMMERCIAL ELECTRONIC MESSAGE MANAGEMENT SYSTEM (in Turkish “İYS”)
With the Regulation on Amendment of the Regulation on Commercial Communication and Commercial Electronic Messages (the “Amending Regulation”), published in the Official Gazette dated 4 January 2020 by the Ministry of Commerce of the Republic of Turkey (“Ministry”), the provisions
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NEW REGULATIONS REGARDING CONSUMER RIGHTS LAW
1. Regulation Regarding the Amendments on the Warranty Certificate Regulation “Regulation Regarding the Amendments on the Warranty Certificate Regulation”, prepared by the Ministry of Commerce, was published in the Official Gazette dated 5 November 2020 and numbered 31295. This regulation will
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EXTENSION OF THE PERIOD AND SCOPE FOR THE LIMITATION IN THE DISTRIBUTION OF PROFITS OF THE STOCK CORPORATIONS
With the Communiqué (the “New Communiqué”) related with the Amendments on the Procedures and Principles regarding the Application of the Provisional Article 13 of the Turkish Commercial Law No.6102 (“TCL”) published in the Official Gazette dated 28 October 2020, the
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ADDITIONAL EXTENSION OF SHORT-TERM WORK ALLOWANCE & PROHIBITION ON THE UNILATERAL TERMINATION OF THE EMPLOYMENT CONTRACT DUE TO COVID-19
As you are aware, the Presidential Decision numbered 2915 published in the Official Gazette dated 31 August 2020, had extended the period of short-term work allowance (in Turkish “Kısa Çalışma Ödeneği”), for an additional two (2) months, within the same
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PUBLIC ANNOUNCEMENT REGARDING REGISTRATION DELAYS WITH THE DATA CONTROLLERS REGISTRY (VERBIS)
As you may remember from our Newsletter concerning ‘VERBIS’ (Data Controllers Registry), pursuant to the decision of the Personal Data Protection Authority (“Authority”) published on 25 June 2020 in the Official Gazette, the new deadlines for the registration with the
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DEADLINE REMINDER FOR THE REGISTRATION WITH THE DATA CONTROLLERS REGISTRY (VERBIS)
As you may remember from our previous Newsletter concerning ‘VERBIS’ (Data Controllers Registry), pursuant to the decision of the Personal Data Protection Authority published on 25 June 2020 in the Official Gazette, the new deadlines for the registration with the
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EXTENSION OF THE PERIOD FOR THE LIMITATION IN THE DISTRIBUTION OF PROFITS OF THE STOCK CORPORATIONS
With the Presidential Decision numbered 2948 published in the Official Gazette dated 18 September 2020, the implementation period of the Provisional Article 13 of the Turkish Commercial Code No.6102 regarding the prohibition on the distribution of profits more than 25%
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ADDITIONAL EXTENSION OF SHORT-TERM WORK ALLOWANCE & PROHIBITION ON THE UNILATERAL TERMINATION OF EMPLOYMENT DUE TO COVID-19
As you are aware, the Presidential Decision numbered 2810 published in the Official Gazette dated 31 July 2020 had extended the period of short-time work allowance (in Turkish “Kısa Çalışma Ödeneği”), for one month, within the same framework of the principles
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LIMITED LIABILITY COMPANIES SHALL HOLD THEIR ANNUAL GENERAL ASSEMBLY MEETING
We bring forth to your attention the ordinary general assembly (“OGAM”) liabilities of limited liability companies and results of default on this. That is to say; As per the article 617/1 of the Turkish Commercial Law (“TCC”), the General Assembly
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FURTHER EXTENSION OF TERMS WITH RESPECT TO LABOR LAW PROVISIONS IMPLEMENTED DUE TO COVID-19
We would like to inform you that pursuant to the Presidential Decisions numbered 2810 and 2811, both of which were published in the Official Gazette dated 31 July 2020, the periods of short-term working allowance (in Turkish “Kısa Çalışma Ödeneği”),
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FURTHER EXTENSION OF CERTAIN TERMS PROVIDED IN LABOR LAW AND RELATED LEGISLATION WITH REGARD TO THE EMPLOYER AND THE EMPLOYEES
Pursuant to the Law on the Amendment of Certain Laws and on the Establishment of a Digital Media Commission No. 7252 (hereafter referred to as “Law No.7252”) published in the Official Gazette on 28 July 2020, notable amendments have been
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DECLARATION OF SIGNATURES APOSTILLED AS PER THE HAGUE CONVENTION OF 1961 CAN BE PROVIDED TO THE TRADE REGISTRY OFFICE
We refer to our Newsletter dated 14 May 2020 whereby we informed you that, according to a recent internal communiqué of the Ministry of Trade which is alleged to have been sent to all trade registry offices on 11 May
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EXTENSION OF TERMS WITH RESPECT TO LABOUR LAW PROVISIONS IMPLEMENTED DUE TO COVID-19
We would like you inform you that Pursuant to Paragraph 1, Provisionary Article 10 of the Labor Law No.4857, the prohibition on the unilateral termination of employment contracts by the employer, except for those terminated for just reason (those that
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AMENDMENT OF THE LAW ON PROTECTION OF COMPETITION
The Law on the Amendment of the Law on Protection of Competition (in Turkish, “Rekabetin Korunması Hakkında Kanunda Değişiklik Yapılmasına Dair Kanun”, hereinafter referred to as the “Amending Law’’) was published in the Official Gazette dated 24 June 2020 and
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ENTRY INTO FORCE OF THE POSTPONED LEASE PROVISIONS WITH RESPECT TO THE WORKPLACES AS OF 1 JULY 2020
As you may know, the Turkish Code of Obligations No. 6098 had entered into force on 1 July 2012 by virtue of article 648 of the Code. However, the enforcement of the provisions of the Turkish Code of Obligations (the
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DECISION OF THE PERSONAL DATA PROTECTION AUTHORITY REGARDING THE EXTENSION OF THE DEADLINE FOR THE REGISTRATION WITH THE DATA CONTROLLERS REGISTRY (VERBIS)
As announced in our Newsletter of yesterday, the decision of the Personal Data Protection Authority has been published on 25 June 2020 in the Official Gazette. In accordance with this Decision, the new deadlines for the registration with the Data Controllers
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REGISTRATION DEADLINE TO DATA CONTROLLERS REGISTRY HAS BEEN EXTENDED
Registration obligation (“Obligation”) to Data Controllers Registry (“Registry”, in Turkish, “VERBIS”) has been issued as a legal obligation for both natural and legal person data controllers as per Article 16 of the Turkish Personal Data Protection Code numbered 6698. As noted
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THE COVID-19 GUIDE FOR THE HYGIENE, INFECTION PREVENTION AND CONTROL OF INDUSTRIAL ENTERPRISES
As you know, in light of the precautions and measures to be taken against Covid-19 for the safe perseverance of the everyday activities of businesses, guidelines had been published by the Turkish Ministry of Health and the Ministry of Family,
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AMENDMENT OF THE REGULATION REGARDING THE OPENING AND OPERATING LICENCES (THE BUSINESS LICENCE)
The Regulation on the Amendment of the Regulation regarding the Opening and Operating Licenses of the Workplaces (in Turkish, “İşyeri Açma ve Çalışma Ruhsatlarına İlişkin Yönetmelikte Değişiklik Yapılmasına Dair Yönetmelik”, hereinafter referred to as the “Amending Regulation”) has entered into
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GUIDE OF THE MINISTRY OF HEALTH REGARDING THE PRECAUTIONS TO BE TAKEN SPECIFIC TO THE WORK PLACES
Further to our Newsletters of 14 April 2020 and 11 May 2020, we would like to inform you that the Scientific Advisory Committee of the Turkish Ministry of Health has published on 27 May 2020, the Guide about the precautions
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AMENDMENT OF THE REGULATION ON THE IMPLEMENTATION OF THE ORGANIZED INDUSTRIAL ZONES
The Regulation Amending the Regulation on the Implementation of the Organized Industrial Zones (the “OIZ”) (in Turkish, “Organize Sanayi Bölgeleri Uygulama Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik”, hereinafter referred to as the “Regulation”), has been published in the Official Gazette and entered
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PROCEDURES AND PRINCIPLES APPLICABLE WITH RESPECT TO THE LIMITATION IN THE DISTRIBUTION OF PROFITS OF THE STOCK CORPORATIONS
As notified via our previous Newsletters in April 2020, the Provisional Article 13 was adopted and added to the Turkish Commercial Code No.6102 (the “TCC”) via the Law No.7244 Amending Certain Laws and Aimed at Reducing the Effects of Covid-19 on
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COMMUNIQUÉ OF THE SOCIAL SECURITY AUTHORITY REGARDING THE WORK ACCIDENT ISSUE IN RELATION WITH COVID-19
The Communiqué numbered 2020/12 (enclosed herewith in Turkish) has been issued by the General Directorate of Pension Services at the Social Security Authority on 7 May 2020 and has been communicated to all social security authorities in Turkey on the said
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DECLARATION OF SIGNATURE TO BE PROVIDED TO THE TRADE REGISTRY
As mentioned in our Newsletter of December 2019, as per Article 40 of the Turkish Commercial Code (the “Code”) as amended on 10 March 2018: The founders of a company and The authorized signatories of a company shall have their signatures approved
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RESTART OF ACTIVITIES
PRECAUTIONS TO BE TAKEN AT THE WORKPLACES DUE TO COVID-19 We note that, following the positive developments about the decreasing case numbers, many employers have gradually started to re-operate their workplaces and that following Turkish President’s declarations in this respect, as of
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FURTHER SUSPENSION OF JUDICIAL ACTS AND EXECUTION AND BANKRUPTCY PROCEEDINGS
As advised in our previous Newsletter, the Presidential Decision No.2279 regarding the Suspension of Execution and Bankruptcy Proceedings had entered into force on 22 March 2020, suspending all execution and bankruptcy proceedings except for the execution proceedings related to the alimony
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LAW AMENDING CERTAIN LAWS AND AIMED AT REDUCING THE EFFECTS OF COVID-19 ON SOCIAL AND FINANCIAL LIFE
The Law Amending Certain Laws and Aimed at Reducing the Effects of Covid- 19 on Social and Financial Life (in Turkish “Yeni Koronavırüs (Covıd-19) Salgınının Ekonomik Ve Sosyal Hayata Etkilerinin Azaltılması Hakkında Kanun ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun”,
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PRECAUTIONS TO BE TAKEN AT THE WORKPLACES AGAINST COVID-19 ANNOUNCED BY THE MINISTRY OF LABOR
Dear Sir/ Madam, Turkish Family, Labor and Social Services Ministry’s General Directorate of Occupational Health and Safety recently published a Guide About the Precautions that should be taken in the workplaces Against the Covid-19. You may have access to the list of
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SUSPENSION OF JUDICIAL ACTS, EXECUTION AND BANKRUPTCY PROCEEDINGS
CLOSURE OF POST OFFICES AND ITS EFFECTS TO THE NOTICES SERVED THROUGH NOTARY PUBLIC As stated in our previous Newsletters, all execution and bankruptcy proceedings except for the execution proceedings related to the alimony receivables, the cautionary attachments (in Turkish, “ihtiyati haciz”), all
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NON-PAYMENT OF THE RENT OF THE PLACE OF BUSINESS BETWEEN 1 MARCH – 30 JUNE 2020 SHALL NOT CONSTITUTE A GROUND FOR EVICTION
As per the provisions of the temporary article 2 of the Law Amending Certain Laws No. 7226 adopted on 25 March 2020, published in the Official Journal No.31080 (bis), dated 26 March 2020 (in Turkish, “Bazı Kanunlarda Değişiklik Yapılmasına Dair
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ANNOUNCEMENT OF FORCE MAJEURE FOR CERTAIN SECTORS DUE TO COVID-19 OUTBREAK
The Revenue Administration, Ministry of Treasury (“Ministry”) published the General Communiqué of Tax Procedural Law No. 518 (hereafter referred to as the “Communiqué”, in Turkish “Vergi Usul Kanunu Genel Tebliği (Sıra No: 518)”) at the Official Gazette on 24 March 2020
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POSTPONEMENT OF GENERAL ASSEMBLY MEETINGS TO PREVENT SPREAD OF COVID-19
The General Directorate of Interior Commerce of the Ministry of Commerce (“Ministry”) published an announcement on the 20th of March 2020 as to the postponement of general assemblies of shareholders for joint stock and limited liability companies within the scope
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SHORT-TIME WORK ALLOWANCE’S UNDER THE EFFECTS OF COVID-19 TO THE WORKPLACES
March, 2020 The Turkish Employment Agency (“ISKUR”) declared on 22 March 2020 that the employers whose activities have been negatively affected due to Covid-19 will be able to apply to ISKUR with short term working system requests and made an announcement
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COVID-19’s EFFECTS
Labor Law Considering the fact that as of today there is not (yet) any mandatory governmental decision in respect of the workplaces’ working conditions, couple of options that the Employers may consider are as follows. Kindly note that all below options
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DECISION REGARDING THE SUSPENSION OF EXECUTION AND BANKRUPTCY PROCEEDINGS
The Decision No.2279 regarding the Suspension of Execution and Bankruptcy Proceedings (in Turkish, “İcra ve İflas Takiplerinin Durdurulması Hakkında Karar”) has come into force by being published in the Official Gazette dated 22 March 2020. As a result of this Decision,
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INCOTERMS 2020
The Incoterms are the world’s essential rules of international commercial transactions and released by the International Chamber of Commerce (hereinafter referred to as the “ICC”). “Incoterms” is an acronym standing for international commercial terms. The Incoterms rules provide specific guidance
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PAYMENT OF TAXES THROUGH PUBLIC BANKS BY THE TURKISH COMPANIES WITH FOREIGN CAPITAL
Further to our previous Newsletter dated 12 December 2019 regarding the tax collection through public banks, we have been provided with the information regarding the new practice on opening bank accounts in public banks by the Turkish companies having foreign
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The Rent Increase Limitation in Lease Contracts May Change
The article 57 of the Bill to Amend Several Laws and Decrees Having the Force of Law, dated 30 November 2018 and numbered 37 (the "Bill") foresees revising the limit on increases of the rents for residences and roofed workplaces
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Kişisel Veri İşleme Envanteri Hazırlama Rehberi
Kişisel Veri İşleme Envanteri Hazırlama Rehberi (PDF dosyası 1,5 MB.)
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Registration Deadline to Data Controllers Registry Has Been Extended For 6 Months
Registration obligation (“Obligation”) to Data Controllers Registry (“Registry”, in Turkish, “VERBIS”) has been issued as a legal obligation for both natural and legal person data controllers as per Article 16 of the Turkish Personal Data Protection Code numbered 6698. As noted in
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Amendments on the Trade Registry Regulation
The Article 40 of the Turkish Commercial Code (in Turkish, ”Türk Ticaret Kanunu” and hereinafter referred to as “TTK”) had already been amended by the Code On Amendments Of Certain Turkish Codes with the Purpose Of Remediation For Invesment Environment numbered
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The Official Letter of Revenue Administration For Private Banks About Tax Collection1
The official letter titled “Protocols” dated 26 November 2019 delivered by the Revenue Administration to Head Offices of Turkish Private Banks includes; Cancellation of tax collection authority granted by the Revenue Administration to Turkish Private Banks, As of 1 January
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NEW TRADE MARK EXAMINATION GUIDELINE
The updated version of the Trademark Examination Guideline (“Guideline”) has been published on 30 September 2019 by the Turkish Patent and Trademark Office (“TPTO”). The Guideline’s main purpose is to clarify the criterias regarding the examination of trademark applications on absolute
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Amendment of the Digital Service Tax Law and Certain Laws and Decree Law numbered 375
“Proposal of Amendment of the Digital Service Tax Law and Certain Laws and Decree Law numbered 375”, which includes regulations such as Digital Service Tax, Accommodation Tax, Valuable Housing Tax has been accepted by the Plan and Budget Commission of
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Judicial Reform Strategy Package
“Judicial Reform Strategy Package” has been presented to Grand National Assembly of Turkey by the Ministry of Justice, on 1 October 2019. With this extensive reform strategy, the government of Turkey intends to strengthen the principles of the state of
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Extension of the Deadline for Registration to Data Controllers Registry
The Regulation on the Data Controllers Registry (the "Registry Regulation") had come into force on 1 January 2018 pursuant to the Law on the Protection of Personal Data Numbered 6698. The Registry Regulation requires data controllers (in Turkish, “veri sorumlusu”)
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The Obligation of Identity Notification for The Employees and The Consequences of not Notifying
The Identity Notification Code (in Turkish, “Kimlik Bildirme Kanunu”, hereinafter reffered to as the “Code”) numbered 1774, was published in the Official Gazette dated 11 July 1973. As per the article 6 of the Code, an identity notification form shall be filled
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Personal Data Processing Inventory Preparation Guide
As it is known, the inventory of personal data processing is prepared by the data controllers (in Turkish, “Veri Sorumluları”) in accordance with the “Regulation on The Registry of the Data Controllers” published in the Official Gazette dated 30 December
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Amendments Regarding the Law Numbered 7181 ‘’Amendment of the Land Title Registry Law’’
The law numbered 7181 regarding the Amendment of the Land Title Registry Law and some other laws has been published and entered into force on 10 July 2019. Accordingly, the new regulation has abolished Article 22: The requirement to attach photos to
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Banking and Insurance Transactions Tax Rates Applicable to Foreign Exchange Sales
According to the Article 28 and subsequent Articles of the Expenditure Tax Law numbered 6802 (in Turkish, “Gider Vergileri Kanunu’’, hereinafter referred to as the “Code”), Banking and Insurance Transactions Tax (“BITT’’) (in Turkish, “Banka ve Sigorta Muameleleri Vergisi’’) shall
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EMPLOYEE INVENTIONS AND THEIR REMUNERATION
As a result of rapidly developing technology, employee inventions have become a very important issue in recent years. Accordingly, a need to regulate employee inventions has arisen. Employee inventions are regulated under the Industrial Property Code (‘‘IPC’’)(in Turkish, ‘‘Sınai Mülkiyet
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Deadline to submit the Activity Information Form for Foreign Direct Investments
As notified in our Newsletter in February 2019, the Regulation on the Implementation of the Foreign Direct Investments Law (in Turkish, “Doğrudan Yabancı Yatırımlar Kanunu Uygulama Yönetmeliği”, hereinafter referred to as the “Regulation”) sets forth in its Article 5 certain
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EXCEPTION GRANTED TO THE PROHIBITION ON EMPLOYMENT CONTRACTS AND SERVICE CONTRACTS IN FOREIGN CURRENCY OR INDEXED TO FOREIGN CURRENCY
The Presidential Decree No. 85 Amending the Decree No:32 Regarding the Protection of the Value of the Turkish Currency had come into force by being published in the Official Gazette dated 13 September 2018. In our previous Newsletters, we had informed
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On-line submission of Work Permit Applications via e-state account, using e-signature device
As per the legislation in force and per the established practice of the Ministry of Family, Labor and Social Security (in Turkish “Aile, Çalışma ve Sosyal Hizmetler Bakanlığı”, hereinafter referred to as the “Ministry”), the foreigner to be employed in Turkey
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Ticaret Siciline tescil için on-line başvuru sistemi MERSİS uygulaması
Ticaret Sicil Müdürlükleri nezdinde tescil işlemleri önceki Newsletter’ımızda belirttiğimiz üzere artık online MERSİS sitemi üzerinden yapılmaktadır. MERSİS sistemine giriş yapıldıkan sonra, Şirket ile ilgili tescil edilmiş olan tüm bilgilere ulaşmak mümkündür. Bazı durumlarda, Ticaret Bakanlığı tarafından elektronik sisteme geçiş esnasında yapılan
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Implementation of On-line MERSIS Application System for the Registration to Trade Registry
As we have informed you in our previous Newsletters, the application to the Trade registry offices for registration of the resolutions shall be made on-line through MERSIS system. After entering the MERSIS system, it is possible to reach all the information
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Notification of Breaches in Personal Data Protection
The Principles and Procedures Applicable In Case of Breach of Personal Data have been determined through the resolution of Data Protection Board (“Board”) dated 24 January 2019 and numbered 2019/10 (“Resolution”) (in Turkish, “Kişisel Veri İhlali Bildirim Usul ve Esaslarına
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Yabancı Sermayeli Şirketlerin E-TUYS Bilgi Sistemi Kullanma Zorunluluğu
Doğrudan Yabancı Yatırımlar Kanunu Uygulama Yönetmeliği (“Yönetmelik”) 20.08.2003 tarihli Resmi Gazete’de yayınlanarak aynı tarihte yürürlüğe girmiş; akabinde 01.06.2018 tarihinde Resmi Gazete’de yayınlanarak aynı tarihte yürürlük kazanan Doğrudan Yabancı Yatırımlar Kanunu Uygulama Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik (“Tadil Yönetmeliği”) ile tadil
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MANDATORY E-TUYS INFORMATION SYSTEM USE FOR FOREIGN CAPITAL COMPANIES
The Regulation on the Implementation of the Foreign Direct Investments Law (in Turkish “Doğrudan Yabancı Yatırımlar Kanunu Uygulama Yönetmeliği”) (“Regulation”) had been published in the Official Gazette dated 20 August 2003 and had entered into force on the same day.
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The Rent Increase Ceiling Applicable in Lease Contracts Changed
The Code numbered 7161 amending the Tax Laws and Several Laws and Decrees Having the Force of Law (“ Code numbered 7161”) (in Turkish “Vergi Kanunları ile Bazı Kanun ve Kanun Hükmünde Kararnamelerde Değişiklik Yapılmasına Dair Kanun”) was published in
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NEW MANDATORY MEDIATION PROCEEDING IN COMMERCIAL DISPUTES
In accordance with article 20 and the following articles of the Law No. 7155 on The Initiation Of Enforcement Proceedings For Receivables Arising From Subscription Contracts (in Turkish, “7155 Sayılı Abonelik Sözleşmesinden Kaynaklanan Para Alacaklarına İlişkin Takibin Başlatılması Usulü Hakkında
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THE COMMUNIQUE AMENDING THE COMMUNIQUE (COMMUNIQUE NUMBER: 2008-32/34) ON DECREE NO. 32 ON THE PROTECTION OF THE VALUE OF THE TURKISH CURRENCY
A new Communiqué amending the Communiqué (Communiqué number: 2008-32/34) on Decree No. 32 on the Protection of the Value of the Turkish Currency (in Turkish “Türk Parasının Kıymetini Koruma Hakkında 32 Sayılı Karara İlişkin Tebliğ (Tebliğ No : 2008-32/34)’de Değişiklik
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85 sayılı Cumhurbaşkanı Kararına göre Türk parasına uyarlanacak sözleşmelere ilişkin damga vergisi uygulaması hakkında
T.C. HAZİNE VE MALİYE BAKANLIĞI Gelir İdaresi Başkanlığı Damga Vergisi Sirküleri/22 Konusu: 85 sayılı Cumhurbaşkanı Kararına göre Türk parasına uyarlanacak sözleşmelere ilişkin damga vergisi uygulaması hakkında.
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STAMP DUTY OF THE CONTRACTS THE PRICE OF WHICH SHALL BE CONVERTED INTO TURKISH LIRA AS PER THE PRESIDENTIAL DECREE NO.85
According to the Circular on Stamp Duties No. DV-22/2018-1 issued on 22 November 2018 by the Revenue Administration at the Ministry of Treasury and Finance and published on the official website of the said Authority (http://www.gib.gov.tr/node/132647), no stamp duty shall
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TÜRK PARASI KIYMETİNİ KORUMA HAKKINDA 32 SAYILI KARARA İLİŞKİN TEBLİĞ (TEBLİĞ NO:2008-32/34)’DE DEĞİŞİKLİK YAPILMASINA DAİR TEBLİĞ’İN HÜKÜMLERİ
Türk Parası Kıymetini Koruma Hakkında 32 Sayılı Karara İlişkin Tebliğ (Tebliğ No:2008-32/34)’de Değişiklik Yapılmasına Dair Tebliğ (Tebliğ No: 2018-32/51, ileride “Tebliğ” olarak anılacaktır) 06.10.2018 tarihinde Resmi Gazete’de yayımlanarak aynı tarihte yürürlüğe girmiştir. Döviz cinsinden veya dövize endeksli olarak imzalanabilecek sözleşmeler ile
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THE RULES AND PROCEDURES GOVERNING THE PROHIBITION TO USE FOREIGN CURRENCY OR INDEXATION TO FOREIGN CURRENCY IN THE CONTRACTS
The Decree Amending the Decree No:32 Regarding the Protection of the Value of the Turkish Currency (“Amending Decree”) had come into force by being published in the Official Gazette dated 13 September 2018. The Amending Decree has prohibited under certain conditions
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DÉCRET PRÉSIDENTIEL MODIFIANT LE DÉCRET N°32 CONCERNANT LA PROTECTION DE LA VALEUR DE LA MONNAIE TURQUE
Nous souhaitons vous informer que le Décret Présidentiel Modifiant le Décret N°32 Concernant la Protection de la Valeur de la Monnaie Turque (en turc, «Türk Parasının Kıymetini Koruma Hakkında 32 Sayılı Kararda Değişiklik Yapılmasına Dair Karar», ci-après le “Décret”) a
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DECREE AMENDING DECREE NO. 32 ON THE PROTECTION OF THE VALUE OF THE TURKISH CURRENCY
The Presidential Decree No. 85 Amending the Decree no. 32 on the Protection of the Value of the Turkish Lira (in Turkish “Türk Parasının Kıymetini Koruma Hakkında 32 Sayılı Kararda Değişiklik Yapılmasına Dair Karar”, hereinafter referred to as the “Decree”),
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REGULATION ON THE AMENDMENT OF THE PRICE TAG REGULATION
The Regulation on the Amendment of the Price Tag Regulation has been published in Turkish Official Gazette dated 18 September 2018 and it shall enter into force on 4 October 2018. The below mentioned amendments have been made to the Regulation on
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REGISTRATION WITH THE DATA CONTROLLERS REGISTRY
The Regulation on the Data Controllers Registry (the "Registry Regulation") had come into force on 1 January 2018 pursuant to the Law on the Protection of Personal Data Numbered 6698 (the "Data Protection Law"). The Registry Regulation requires data controllers
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AMENDMENT ON DECREE NO. 32 ON THE PROTECTION OF VALUE OF TURKISH CURRENCY
Several amendments have been made to the Decree No. 32 on the Protection of the Value of Turkish Currency (“Decree No.32”) (in Turkish, “Türk Parası Kıymetini Koruma Hakkında 32 Sayılı Karar”) with the Decree numbered 2018/11185 of the Council of
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Code Amending Multiple Codes for the Facilitation of Investment
The Code numbered 7099 Amending Multiple Codes for Facilitation of Investment (“Code numbered 7099”) was published in the Official Gazette dated 10 March 2018. While the majority of the Code numbered 7099 came into force by 15 March 2018 ,
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Measures to be Taken by Data Controllers in Processing Sensitive Personal Data
The Personal Data Protection Board made the decision numbered 2018/10 on 31 January 2018 for "Determination of Adequate Measures to be Taken by Data Controllers in Processing of Sensitive Personal Data", which became effective upon being published in the Official
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RECENT AMENDMENTS ON THE ENFORCEMENT AND BANKRUPTCY CODE AND SOME OTHER CODES
The Code numbered 7101 amending Enforcement and Bankruptcy Code and Some Other Codes (“Code”) (in Turkish “İcra ve İflas Kanunu ve Bazı Kanunlarda Değişiklik Yapılması Hakkında Kanun”) was published in the Official Gazette on 14 March 2018. Among the several changes
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PROCEDURES AND PRINCIPLES TO BE APPLIED REGARDING THE OBLIGATION OF ENLIGHTENMENT IN PROCESSING THE PERSONAL DATA
A Communiqué on the procedures and principles to be complied with whilst fulfilling the obligation of enlightenment (in Turkish, “Aydınlatma Yükümlülüğü”) (“Communiqué”) has been published in the official gazette dated 10 March 2018 and has come into force on the same
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Regulation on Principles and Procedures for Monitoring Transactions Affecting Foreign Currency Position by the Central Bank of Turkey
The Regulation on Procedures and Principles for Monitoring Transactions Affecting Foreign Currency Position by the Central Bank of Republic of Turkey (“Regulation”) (in Turkish, “Döviz Pozisyonunu Etkileyen İşlemlerin Türkiye Cumhuriyeti Merkez Bankası Tarafından İzlenmesine İlişkin Usul ve Esaslar Hakkında Yönetmelik”)
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ANNOUNCEMENT AND ADVERTISEMENT TAX IN TURKEY
In Turkish Law, the Code of Municipal Revenues numbered 2464 (in Turkish, “Belediye Gelirleri Kanunu”) (“Code numbered 2464 ”) governs the commercial and industrial activities subject to taxation within municipal boundaries. As per article 12 of the Code numbered 2464,
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Introduction to Mediation Process
The ‘voluntary mediation’ has entered into our legal system with the Code of Mediation in Legal Disputes numbered 6325 (in Turkish, “Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu”). However, “mediation as a pre-condition before filing a lawsuit” will take place for the first
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Mediation In Labor Courts – bis
We would like to inform you that the Law on Labour Courts numbered 7036 (in Turkish, “İş Mahkemeleri Kanunu”, “Code Numbered 7036”) including as well Mediation process in Labor Courts as a pre-condition for filing lawsuits, which we had informed you
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Mediation in Labor Courts
The ‘voluntary mediation’ has entered into our legal system with the Code of Mediation in Legal Disputes numbered 6325 (in Turkish “Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu”). However, “mediation as a pre-condition before filing a lawsuit” will take place for the first time
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RECENT AMENDMENTS ON TURKISH LABOR LAW
In August 2017, some important amendments came into force in relation with the Turkish Labor Law. You can find here-below a brief summary of the new provisions to be applied in Labor Law. AMENDMENTS REGARDING THE REGULATION ON THE PAID ANNUAL LEAVE
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The Draft Regulation on the Deletion, Annihilation or Anonymization of Personal Data
Since it is regulated within the Code numbered 6698 on the Protection of the Personal Data (“Code”), the data controllers are obliged to delete, annihilate or anonymize the personal data when the valid reasons to process the data no longer
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New Regulations Under New Industrial Property Law
The Industrial Property Law numbered 6769, was published in the Official Gazette dated 10 January 2017. The Law brings the principles of trademarks, geographical indications, industrial designs, patents and utility models under one roof. These were previously regulated by different Decree-Laws. The
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The Code on the Amendments of Certain Laws and Decrees on the Improvement of Industry and Support of Production
The Code on the Amendments of Certain Laws and Decrees on the Improvement of Industry and Support of Production (hereinafter as “Code”) has entered into force on 1 July 2017 with the Official Gazette no. 30111. The objectives of the
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OECD Convention on Mutual Administrative Assistance in Tax Matters
Providing the entry into force as of 1 January 2018 with retroactive effect from 1 January 2017 of the OECD Convention on Mutual Administrative Assistance in Tax Matters (hereinafter “Convention”) signed on 3 November 2011 and ratified by the Turkish
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DECISION ON RESOURCE UTILIZATION SUPPORT FUND CUT
The Council of Ministers Decision numbered 2017/9973 on Stamp Tax Rates for certain documents, real estate transaction fees, and taxes on Resource Utilization Support Fund Cut (hereafter mentioned as the “Decision”) published on 15 March 2017 in the Official Gazette
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AMENDMENT ON TURKISH CITIZENSHIP ACQUISITION
The Code numbered 5901 on Turkish Citizenship (hereinafter mentioned as “Code”) defines the principles and the procedures related to acquisition and loss of Turkish citizenship. According to the Code, there are three main ways to acquire Turkish citizenship after birth;
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GRADUAL DATE OF EFFECT FOR THE EMPLOYER’S OBLIGATION ON AUTOMATIC INVOLVEMENT OF EMPLOYEES IN PRIVATE PENSION SYSTEM
With reference to our Newsletter of December 2016, the Regulation on the Basis and Procedures for Automatic Involvement of the Employees in the Pension Plan through Employers (in Turkish “Çalışanların İşverenleri Aracılığıyla Otomatik Olarak Emeklilik Planına Dahil Edilmesine İlişkin Usul
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AUTOMATIC INVOLVEMENT OF EMPLOYEES IN PRIVATE PENSION SYSTEM
The Law numbered 6740 amending the Law numbered 4632 (hereinafter referred to as the “Law numbered 4632”) on Individual Pension Savings and Investment System (in Turkish “Bireysel Emeklilik Tasarruf ve Yatırım Sistemi Kanununda Değişiklik Yapılmasına Dair Kanun”) (hereinafter referred to
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CODE ON EXPERTNESS
The new Code on Expertness (in Turkish “Bilirkişilik Kanunu”, hereinafter referred to as the “Code”) numbered 6754 published in the Official Gazette dated 24 November 2016 determines the modalities applicable to the Expertness and brings about certain amendments and complementary
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BUSINESS LICENCE OBLIGATION FOR THE WORKPLACES OF SANITARY ENTERPRISES (IN TURKISH “SIHHİ MÜESSELER”)
The Regulation on Workplace Opening and Operating Licenses (in Turkish “İşyeri Açma ve Çalışma Ruhsatlarına Ilişkin Yönetmelik”, hereinafter referred to as the “Regulation”) published in the Official Gazette dated 10 August 2005 and numbered 25902 sets forth mainly the procedures
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NEW TURKISH LEGISLATION IN FORCE REGARDING PROTECTION OF PERSONAL DATA
As we have informed in our Newsletter of April 2016 (herewith enclosed), the Code numbered 6698 on the Protection of Personal Data (in Turkish, “Kişisel Verilerin Korunması Kanunu”) (“CPPD”) had come into force on 7 April 2016. However, the effective
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Recent Changes in Turkish Law with the Code numbered 6728 Aiming to Improve the Investment Environment
The Code numbered 6728 on the Amendment to Certain Laws with the Aim to Improve the Investment Environment (in Turkish “Yatırım Ortamının İyileştirilmesi Amacıyla Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun”) was published in the Official Gazette dated 9 August 2016
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NEW APPEALING MECHANISM IN TURKISH JUDICIAL SYSTEM
The Code on the Establishment, Jurisdiction and Competence of the Regional Courts of Justice and of the Civil Courts of First Instance (in Turkish “Adli Yargı İlk Derece Mahkemeleri ile Bölge Adliye Mahkemelerinin Kuruluş Görev ve Yetkileri Hakkında Kanun”) numbered
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OBLIGATION OF EMPLOYING OCCUPATIONAL HEALTH AND SAFETY SPECIALIST AND WORKPLACE DOCTOR
Occupational Health and Safety Code numbered 6331 ( the ”Code”) came into effect on 30 June 2012 after being published in the Official Gazette numbered 29717. The purpose of the Code is to provide occupational health and safety at work
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RECENT LEGAL ARRANGEMENTS ON FLEXIBLE WORKING MODELS
The Code numbered 6715 regarding the Amendments to the Labour Code and the Turkish Employment Agency Code (the “Amendment Code”) came into effect after being published in the Official Gazette dated 20 May 2016 and numbered 29717. The Amendment Code brings
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PROTECTION OF PERSONAL DATA IN TURKEY
Protection of personal data is a much-debated subject recently in Turkey. The law numbered 6669 regarding the ratification of Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (hereinafter referred to as the “Convention”) numbered
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CHANGES CONCERNING THE SCOPE OF THE COMPANIES SUBJECT TO INDEPENDENT AUDITING
The Decree of the Council of the Ministers dated 19 December 2012 and numbered 2012/4213 (“Decree”) (adopted as per Article 397 of the Turkish Commercial Code numbered 6102) concerning the determination of the companies that are subject to independent auditing
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SIGNBOARD TAX IN TURKEY
The Code of Municipal Revenues (in Turkish “Belediye Gelirleri Kanunu”, hereinafter referred to as the “Code”) numbered 2464 and published in the Official Gazette dated 29 May 1981 determines the commercial and industrial activities subject to taxation within municipal boundaries. The
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THE RIGHT TO DEMAND THE DISSOLUTION OF PARTNERSHIPS WITH A VALID REASON AND ALTERNATIVES AS PER THE TURKISH COMMERCIAL CODE
The Turkish Commercial Code numbered 6102 (in Turkish “Türk Ticaret Kanunu”, hereinafter referred to as the “Code”) that came into force on 1 July 2012 regulates, as the former code no. 6762, both joint stock companies (in Turkish, called “anonim
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THE REGULATION REGARDING THE SHOPPING MALLS
The Regulation regarding the Shopping Malls (in Turkish “Alışveriş Merkezleri Hakkında Yönetmelik”, hereinafter referred to as the “Regulation”) has been issued by the Ministry of Customs and Trade, published in the Official Gazette dated 26 February 2016 and numbered 29636. This
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TERMINATION OF REAL PROPERTY LEASE CONTRACTS AS PER THE TURKISH CODE OF OBLIGATIONS NUMBERED 6098
Turkish Code of Obligations numbered 6098 (in Turkish “Türk Borçlar Kanunu”, hereinafter referred to as the “Code”) that came into force on 1 July 2012 regulates real property lease contracts (“Contract/s”) in the Turkish law system. The Code also provides
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COMPARATIVE ADVERTISING UNDER COMMERCIAL ADVERTISING AND UNFAIR COMMERCIAL PRACTICES REGULATION
The Consumer Protection Law numbered 6502 (hereinafter referred to as the "CPL") that came into force on 28 May 2014 provides a general framework governing comparative advertising in its article 61. In this respect, the Regulation called Commercial Advertising and Unfair
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E-NOTIFICATION REQUEST SUBMISSION DEADLINE POSTPONED FROM 1 JANUARY 2016 TO 1 APRIL 2016
E-Notification as Regulated by the General Communiqué on the Tax Procedural Code (Serial No: 456) As defined in Article 3 of the General Communiqué on the Tax Procedural Code (Serial No: 456) (in Turkish “Vergi Usul Kanunu Genel Tebliği (Sıra No:
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Material Change in Working Conditions and Termination of Employment Contracts due to such Changes
Material change in Working Conditions and Termination of Employment Contracts arising from these material changes are regulated under Article 22 of the Labor Code Numbered 4857 (hereinafter referred to as the “Code”). The article is as follows: Article 22. – “Any
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DEFECTIVE GOODS IN COMMERCIAL SALES BETWEEN MERCHANTS
The liability of the seller for defective goods (in Turkish “ayıplı mal”) is governed generally by the Turkish Code of Obligations numbered 6098 and dated 4 February 2011 (hereinafter referred to as the “TCO”, in Turkish “Türk Borçlar Kanunu”) between
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NECESSITY OF OBTAINING THE EMPLOYEE’S DEFENSE IN WRITING BEFORE TERMINATING HIS / HER EMPLOYMENT CONTRACT
Termination of an Employment Contract in the Labor Law: Termination is a dissolving unilateral explicit declaration of intent that creates a new legal situation when it reaches to the opponent. Termination gives the right owner the power of breaking the contract
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TERMINATION OF EMPLOYMENT BY MUTUAL TERMINATION AGREEMENT
As per the “freedom of contract” principle set forth in the Constitution of the Republic of Turkey and Turkish Code of Obligations numbered 6098 (hereinafter referred to as “Code”) employers and employees can terminate an employment contract by Mutual Termination
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GENERAL PRINCIPLES ABOUT JOINT STOCK COMPANIES AND LIMITED LIABILITY COMPANIES AS PER THE NEW TURKISH COMMERCIAL CODE
The new Turkish Commercial Code numbered 6102, published in the Official Gazette dated 14 February 2011 and entered into force on 7 July 2012 (hereinafter referred to as the “Code”) regulates the principles applicable to Joint Stock Companies (hereinafter referred
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THE LIABILITY OF LEGAL REPRESENTATIVES OF LIMITED LIABILITY COMPANIES AND JOINT STOCK COMPANIES ARISING FROM PUBLIC DEBTS
The liability of legal entities from public debts, and the determination of the scope of this liability are of great importance in practice, since it is possible that the public debts that cannot be collected from Joint Stock Companies (“JSC”)
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NEW LEGISLATION ON THE REGULATION OF ELECTRONIC COMMERCE
The Code on the Regulation of Electronic Commerce numbered 6563, entered in force on 1 May 2015 (in Turkish, “Elektronik Ticaretin Düzenlenmesi Hakkında Kanun”, hereinafter referred to as the “Code”) regulates electronic commerce, commercial communication, liabilities of service providers and
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AMENDMENT TO THE LABOR LAW AND THE LAW ON OCCUPATIONAL HEALTH AND SAFETY
This Amendment Law numbered 6645 (the “Amendment Law”) amending the Labor Law numbered 4857, the Law on Occupational Health and Safety numbered 6331 and certain laws and decree- laws was published in the Official Gazette numbered 28335 and dated 23
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THE NEW IMPLEMENTATION OF THE TRADE REGISTRY REGARDING THE APPOINTMENT OF THE LIMITED LIABILITY COMPANY’S REPRESENTATIVES WITH LIMITED SIGNATORY AUTHORITY
The Trade Registry of Istanbul has made an announcement on its website on 2 April 2015 related to the recent application of the Trade Registry regarding the implementation of articles 367, 371/7 and 629 of the Turkish Commercial Code (in
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THE LAW ON OCCUPATIONAL HEALTH AND SAFETY AND ITS IMPLICATIONS
The Law on Occupational Health and Safety Numbered 6331 (hereinafter referred to as the “Law”, in Turkish “6331 sayılı İş Sağlığı ve Güvenliği Kanunu”), governing the health and safety standards to be adopted by employers in Turkey, has been published
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REVISED SCOPE OF INDEPENDENT AUDIT
The decree issued by the Council of Ministers, numbered 2014/7149 and published in the Official Gazette numbered 29254 on 1 February 2015 (hereinafter referred to as the “Second Amendment Decree”) has set forth new numeric limits determining whether or not
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ELECTRONIC NOTIFICATION ADRESS OBLIGATION FOR JOINT STOCK COMPANIES AND LIMITED LIABILITY COMPANIES
As per the Article 7 of the Regulation related to Electronic Notification (in Turkish, “Elektronik Tebligat Yönetmeliği”, hereinafter referred to as “Regulation”), notifications to joint stock companies and limited liability companies shall be made mandatorily through electronic notification (in Turkish, “Kayıtlı
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SCOPE OF THE OCCUPATIONAL HEALTH AND SAFETY CODE
The Occupational Health and Safety Code numbered 6331 (hereinafter referred to as the “Code”) has entered into force on the date of 1 January 2013 and provided the regulation of the provisions regarding occupational health and safety, which heretofore were
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INTERNAL DIRECTIVE REPLACING THE CIRCULAR OF SIGNATURES
The Code Related to the Amendment of the Labor Code and of Certain Codes and Statutory Decrees and to Restructuring of the Certain Receivables (hereinafter referred to as “omnibus bill”) numbered 6552, entered into force on 11 September 2014, has
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CONDITIONS FOR ENTITLEMENT TO SEVERANCE PAY
The Turkish Labor Code numbered 4857 (hereinafter referred to as the “Code”) has abrogated the previous Turkish Labor Code numbered 1475 (hereinafter referred to as the “Abrogated Code”) with the exception of the Article 14 thereof. The said Article 14
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CAPITALIZATION OF THE RECEIVABLES IN STOCK CORPORATIONS
The Turkish Commercial Code numbered 6102 (in Turkish “Türk Ticaret Kanunu”, the “TCC”) sets forth thecapital investment obligation in the Articles 127 and 128, assets subject to capitalization as capital in kind in the Article 342 and the valuation methods in
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NEW PRICE TAG REGULATION
The Consumer Protection Law numbered 6502 dated 7 November 2013, published on the Official Gazette numbered 28835 dated 28 November 2013 and entered into force on 28 May 2014 (in Turkish “Tüketicinin Korunması Hakkında Kanun”, hereinafter referred to as the
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JOB SECURITY IN TURKISH LAW
The Article 18 of the Labor Code numbered 4857 dated 22 May 2013 (in Turkish “İş Kanunu”, hereinafter referred to as the “Code”) foresees the principle of job security and states that “The employer, who terminates the contract of an
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EXTENDED SCOPE OF INDEPENDENT AUDIT
The Article 397 of the Turkish Commercial Code (in Turkish “Türk Ticaret Kanunu”) provides that the companies subject to independent audit shall be determined by the Council of Ministers. In other words, not companies shall be subject to independent audit. Accordingly, the
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LEGAL OBLIGATIONS TO BE FULFILLED AS PERTHE LAND REGISTRY REGULATION
The Land Registry Regulation (in Turkish, “Tapu Sicili Tüzüğü”; hereinafter referred to as the “Regulation”) was published in the Official Gazette numbered 28738 and dated 17 August 2013. The Regulation brings substantial arrangements to the land registry legislation in Turkey.
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THE CENTRAL REGISTRY NUMBER SYSTEM (MERSIS)
The Trade Registry Regulation (in Turkish, “Ticaret Sicili Yönetmeliği” and hereinafter referred to as the “Regulation”), published in the Official Gazette dated 27 January 2013 numbered 28541, lays down the overall principles and procedures of the Central Registry Number System
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LEGAL OBLIGATIONS TO BE FULFILLED REGARDING THE LAW ON HEALTH AND SECURITY AT WORK
The Law on Health and Security at Work (in Turkish “İş Sağlığı ve Güvenliği Kanunu” and hereinafter referred to as the “Law”) has been adopted on 20 June 2012 under the number 6331, tremendously changes the health labor security legislation
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THE NEW CONSUMER PROTECTION LAW
The Consumer Protection Law numbered 6502 (in Turkish “Tüketicinin Korunması Hakkında Kanun”, hereinafter, the “Law”) was published in the Official Gazette numbered 28835 and dated 28 November 2013. This new Law shall abrogate and substitute the Law on Protection of
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APPLICATION DATES FOR SOME PROVISIONS OF THE TURKISH COMMERCIAL CODE
Turkish Commercial Code No. 6102 (Hereinafter the “TCC” or the “Code”) was adopted on 13 January 2011, published on 14 February 2011 and entered into force on 1 July 2012. However, according to the related provisions of the TCC and
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THE BOARD OF DIRECTORS MEMBERSHIP
Following the entry into force of the Turkish Commercial Code (“TCC”) numbered 6102 on 1 July 2012, there have been significant amendments regarding the Board of Directors (“BoD”), which is the management and representative organ of joint stock companies. Becoming a
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İMZA SİRKÜLERLERİNDE TEMSİL YETKİLERİNİN SINIRLANDIRILMASI
6102 sayılı Türk Ticaret Kanunu’nun (“TTK”) 371. maddesinin 3. fıkrası uyarınca imza sirkülerinde öngörülen şirketin temsili hususundaki sınırlamalardan yalnızca aşağıda belirtilmiş olanlar iyi niyetli üçüncü kişilere karşı hüküm ifade edebilecek ve Ticaret Siciline tescil edilebilecektir: Temsil yetkisinin sadece merkezin veya
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LES RESTRICTIONS DANS LA CIRCULAIRE DE SIGNATURES
En vertu de l'Article 371/3 du Code de Commerce Turc (“CCT”) numérotés de 6102, uniquement les restrictions suivantes sont obligatoires concernant la représentation d'une société d’être énoncés dans la circulaire de signatures (en Turc, “imza sirküleri”) pour des tiers de
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RESTRICTIONS IN THE CIRCULAR OF SIGNATURES
As per the Article 371/3 of the Turkish Commercial Code numbered 6102 (“TCC”), only the following restrictions regarding the representation of a company set forth in the circular of signatures (in Turkish, “imza sirküleri”) shall be binding for third persons
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EN FAZLA YEDİ BUÇUK SAAT VEYA DAHA AZ ÇALIŞILMASI GEREKEN MESLEKLER
Sağlık kuralları bakımından günde azami yedi buçuk saat veya daha az çalışılması gereken işler hakkındaki Yönetmelik 16.07.2013 tarihli ve 28709 sayılı Resmi Gazete’de yayımlanmıştır. Aynı tarihte yürürlüğe giren yönetmeliğin amacı ise Yönetmelikte belirtilen işlerde çalışanların, çalışabilecekleri azami çalışma sürelerini düzenlemektir. Yönetmeliğin
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LES METIERS DONT LA DUREE DE TRAVAIL EST LIMITEE A SEPT HEURES ET DEMI
Le Règlement concernant les métiers dont la durée de travail est limitée à sept heures et demie et les métiers dont la durée de travail doit être inférieure à sept heures et demie selon les règles de santé, a été
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WORKS THAT REQUIRE MAXIMUM OF SEVEN HOURS AND HALF WORKING TIME
In terms of Health and Safety Regulations, Regulation regarding works that require maximum of seven hours and half or less of working time is published in the Official Gazette dated 16 July 2013 numbered 28709. The purpose of this Regulation
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ŞİRKETLERİN İNTERNET SİTESİ AÇMA ZORUNLULUĞU
Sermaye Şirketlerinin Açacakları İnternet Sitelerine Dair Yönetmelik, 01.07.2013 tarihinde yürürlüğe girmek üzere, 31.05.2013 tarihli ve 28663 sayılı Resmi Gazete’de yayımlanmıştır. Yönetmeliğin yürürlüğe girdiği tarihten sonra kurulan şirketlerin, kuruluşlarının ticaret siciline tescil edildiği tarihten itibaren üç (3) ay içinde internet sitesi açmaları
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OBLIGATION TO ESTABLISH A WEBSITE FOR COMPANIES
The Regulation Regarding the Websites to be set up by Commercial Companies has been published on the Official Gazette dated 31 May 2013 numbered 28663 to enter into effect on the date of 1 July 2013 (hereafter referred to as
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OBLIGATION D’OUVRIR UN SITE INTERNET DE LA SOCIETE
Le Règlement concernant l’ouverture d’un site internet pour un certain nombre de sociétés commerciales a été publié au journal officiel n°28663 le 31 mai 2013 et entre en vigueur le 1er juillet 2013 (ci-après le « Règlement »). Les sociétés concernées,
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MEVCUT ŞİRKETLERİN ESAS SÖZLEŞMELERİNDE YER ALAN PAY DEVİRLERİ HAKKINDAKİ HÜKÜMLERİN YENİ TÜRK TİCARET KANUNU’NA UYGUN HALE GETİRİLMESİ
Türk Ticaret Kanununun Yürürlüğü ve Uygulama Şekli Hakkında Kanun’un 22. maddesi uyarınca, anonim şirketlerin ve limited şirketlerin 1 Temmuz 2013 tarihine kadar esas sözleşmelerini Türk Ticaret Kanunu’na uyarlamaları gerekmektedir. Bu süre içinde gerekli değişikliklerin yapılmaması hâlinde, esas sözleşmedeki düzenleme yerine
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ADAPTATION AU NOUVEAU CODE DU COMMERCE TURC DES STIPULATIONS STATUTAIRES CONCERNANT LES TRANSFERTS D’ACTIONS ET DE PARTS
1) REGLE GENERALE Selon l’article 22 de la loi d’application du code du commerce, les sociétés anonymes et les sociétés à responsabilité limitée ont jusqu'au 1er juillet 2013 pour adapter leurs statuts aux dispositions du nouveau code du commerce. A défaut,
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NECESSARY UPDATE OF THE ARTICLES OF ASSOCIATION OF COMMERCIAL COMPANIES REGARDING SHARES TRANSFERS TO THE TURKISH COMMERCIAL CODE
1) GENERAL CONDITION According to the Article 22 of the Law Regarding Effectiveness and Implementation of the Turkish Commercial Code, joint stock corporations and limited liability companies shall have their articles of association complied with the Turkish Commercial Code until 1
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Les obligations légales et annuelles à remplir par des Sociétés Anonymes par Actions et à Responsabilité Limités
Nous faisons suite à notre infolettre de janvier sur les échéances pour 2013 des sociétés commerciales (notamment, les sociétés anonymes et les sociétés à responsabilité limitée). Le décret no. 2012/4213, publié au journal officiel du 23 janvier 2013, est venu préciser
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Limited ve Anonim Şirketlerin 2013 Yılına İilişkin Yıllık ve Yasal Yükümlülükleri
Başta anonim şirketler ile limited şirketler olmak üzere, ticaret şirketlerinin yasal ve yıllık yükümlülüklerine ilişkin Ocak 2013 tarihli hukuk bültenimizi müteakiben, işbu Hukuk Bültenimizi sunarız. Resmi Gazete’de 23/01/2013 tarihinde yayınlanmış olan 2012/4213 sayılı Bağımsız Denetime Tabi Olacak Şirketlerin Belirlenmesine ilişkin Bakanlar
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Annual and Legal Obligations to be Fullfilled by Limited and Joint Stock Companies
In our Newsletter-January 2013, we had provided information regarding the annual and legal obligations to be fulfilled by companies especially limited and joint stock companies. The Decree of the Council of Ministers on Determination of the Companies Subject to Independent Audit
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2013 YILI İÇİNDE LİMİTED VE ANONİM ŞİRKETLERİN YERİNE GETİRMESİ GEREKEN YÜKÜMLÜLÜKLER
2013 yılı Türkiye’de bulunan şirketler için adeta bir milat olma özelliği taşımaktadır. Gerçekten de bu yıl, resmi olarak 1 Temmuz 2012’de yürürlüğe giren, 13 Ocak 2011 tarihli 6102 sayılı yeni Türk Ticaret Kanunu’nun uygulanacağı ilk tam yıl olmakla birlikte söz
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LEGAL OBLIGATIONS TO BE FULFILLED BY LIMITED AND JOINT STOCK COMPANIES FOR 2013
2013 is a milestone in the life of companies in Turkey. Indeed, it is the first full year of the New Turkish Commercial Code, act no 6102, adopted on 13 January 2011, and which officially entered into force as of
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OBLIGATIONS LEGALES QUE LES SOCIETES ANONYMES ET A RESPONSABILITE LIMITEE DOIVENT REALISER EN 2013
L’année 2013 constitue un tournant dans la vie des sociétés. En effet, il s’agit de la première année pleine d’application du nouveau code de commerce, adopté le 13 janvier 2011 et entré en vigueur le 1er juillet 2012. Certaines de
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DUTIES OF THE COMPANIES REGARDING THEIR COMMERCIAL BOOKS DUE ON 31 DECEMBER 2012 AND 31 MARCH 2013
According to the Article 64 of the New Turkish Commercial Code (TCC) No. 6102. which came into force on 1st July 2012, all real and legal persons are obliged to keep their commercial books in line with the provisions of
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ECHÉANCES DES OBLIGATIONS RELATIVES AUX CAHIERS SOCIAUX
Selon l’article 64 du Nouveau Code de Commerce n° 6102, qui est entré en vigueur le 1er juillet 2012, les personnes physiques et les personnes morales doivent tenir les cahiers sociaux conformément aux règles relatives à la tenue des cahiers
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ŞİRKET DEFTERLERİNE İLİŞKİN OLARAK 31 ARALIK 2012 VE 31 MART 2013 TARİHLERİNE KADAR YAPILMASI GEREKEN İŞLEMLER
1 Temmuz 2012 tarihinde yürürlüğe giren 6102 sayılı Türk Ticaret Kanununun 64’ncü maddesinde düzenlenmiş bulunan defter tutma yükümlülüğüne göre, gerçek ve tüzel kişiler, Vergi Usul Kanunu’nun defter tutma, kayıt zamanı, onay yenileme ve açılış ve kapanış onayıyla ilgili hükümlerine uymak