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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 force after being published in the Official Gazette dated 9 June 2020 upon adoption of the Presidential Decree No.2626, introducing certain amendments regarding various businesses. 

We would like to bring forth to your attention some of the main changes implemented therein, which may be of interest to your field of activity. 

With the Amending Regulation, the definitions “workplace” and “class determination” (in Turkish, “Sınıf Tespiti”) have been added to the Article 4 of the main Regulation. Workplace is defined as “Fixed or mobile places allocated to or used in a commercial, industrial, agricultural or professional activity or enterprise, located in open or closed areas on land or water”. Class determination is defined as the operation that will be made by the Ministry of Health for the purpose of determining the classification of a non-sanitary establishment (in Turkish, “gayrisıhhi müessese”) that was not yet classified by the main Regulation. 

Furthermore, as per Article 8 of the Regulation, the documentation and information contained in the license file of the workplace and the physical features of the workplace must comply with the provisions of the legislation in force. Thus, for the workplaces that do not comply therewith, a limitation of six months’ term is brought to the Article 8 of the main Regulation for completion any eventual missing documentation in case of request for the transfer of workplaces and for the issuance of a new opening and operating license on behalf of the transferee and it is stated that in case of non-completion of any missing documents required as per the main Regulation, the transfer shall not be proceeded to. 

Moreover, the Additional Article 2 deemed it compulsory for the owners or employees of business establishments to obtain a professional competence certificate as per the Professional Training Code no. 3308, or a diploma attesting that they have been graduated from the related departments of professional and technical institutes or universities, proving that they have received the necessary professional education related to their field of activity. 

Another amendment concerns the inspections to be made after the finalization of licenses and is brought via adoption of the Additional Article 3 of the main Regulation. Pursuant to the said article, in the event where it is determined, subsequent to an inspection, that there are violations and deficiencies with regard to the legislation arising from the business operator’s fault, it will be requested that this violation be remedied within a period of 15 days. If the contradiction is not resolved at the end of the said period, the business operator (in Turkish, “işletmeci”) shall be subject to an administrative fine. Besides, sanitary establishments (in Turkish, “sıhhi müessese”) shall be banned from exercising their activity for a period of up to 15 days, and non-sanitary establishments (in Turkish, “gayrisıhhi müessese”) shall be banned from exercising their activity until the contradictions and deficiencies are eliminated. In case it is the determined that the deficiency or contradiction is fixed, the ban shall be lifted immediately. 

On the other hand, pursuant to Provisionary Article 6, businesses that are income taxpayers or corporate income taxpayers as of 5 June 2018, or businesses that are registered at the trade association and are practicing real estate commerce with a license or a pending license, shall be exempt from the special conditions sought in relation to the field of activity of businesses pursuant to this Regulation unless there is a change in their business addresses after the said date. This provision shall not be applied in case of transfers. 

Please also note that, pursuant to Provisionary Article 7, if, starting from the enforcement date thereof, the conditions for licensing related to the safety of the persons and products are met for the workplaces to be opened in buildings which have obtained a building registration certificate (in Turkish, “yapı kayıt belgesi”) for commercial purposes, the right of licensing will be granted to the said workplaces without seeking an occupancy permit (in Turkish, “yapı kullanma izin belgesi”) until the reconstruction of the building or the implementation of urban transformation. 

Our Law Firm remains at your disposal for any further clarifications or assistance you may need about the subject matter. 

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