Regulation on Electronic Notification Has Been Published 27 December 2018
Regulation on Electronic Notification (“Regulation”) regarding electronic notification which will be made through Post and Telegraph Corporation (“PTT”) by component authorities which are entitled to serve a notification pursuant to the Notification Law, has been published on the Official Gazette numbered 30617 dated 6 December 2018.
Which arrangements are introduced under the new regulation?
1. Which natural and legal persons is required to be notified via electronic notification?
a. Public administrations stipulated in (I), (II), (III) and (IV) numbered schedules which are placed on public finance management and control law numbered 5018 and dated 10/12/2003, and institutions with circulating capital which are connected with these administrations.
b. Local administrations (municipalities, provincial special administrations, theirs subsidiaries and union and administrations which are established by them or they have been enrolled) defined on the Law numbered 5018.
c. Other state institutions and organizations established by private law and capital and surety funds which have been established by Law.
d. Government business enterprises, theirs subsidiaries and enterprises and institutes which are affiliated with them.
e. Other associations which more than %50 of theirs capital are pertain to the public.
f. Professional organizations and parent organizations with public institution status.
g. All private legal persons including those which have been established by law.
i. Lawyers whose names are indicated on the Bar Plaque.
j. Mediators and experts recorded on the Registry.
k. Unity which persons, who are authorized to represent administrations, government business enterprises or other associations which more than %50 of theirs capital are owed by public, as an attorney at judiciary and administrative judicial authorities, executive offices or arbitrators, have enrolled.
Natural and legal persons, who are not stated above, may also apply for obtaining electronic notification address. After that they have an electronic notification address, it is mandatory to send notifications to those persons via electronic means.
2. How is the application procedure for persons who are obliged to obtain electronic notification address?
Application for natural and legal persons stated above shall be implemented by related institutions, organizations or union through PTT within 1 month following the date which this obligation has commenced.
Natural and legal persons, who are not indicated above but have a request regarding that notifications should be send to his/her via electronically, may apply PTT for electronic notification address.
PTT will create a unique and sole electronic notification address based on identification information of natural persons and system information of legal persons within 1 month following the application date and record it to the National Electronic Notification System (“NENS”).
PTT will dispatch electronic notification address to related institution, organization or union in order to be delivered to the addressee for natural and legal persons which are indicated above and to be required to obtain an electronic notification address. After PTT has been informed regarding that the notification address has been received, the address will be provided immediately to the using of competent authorities who are entitled to send notification.
3. How will the electronic notification system process?
Competent authority authorized for sending notification shall confect the electronic notification message and transmit it to the NENS.
NENS shall deliver the electronic notification message to the addressee by linking the message with time stamp.
Message and attached documents to be sent shall be encrypted by NENS in order to protect confidentiality and these message and attached documents may only be reached by addressee.
4. When shall the electronic notification be deemed as served?
Electronic notification shall be deemed as served in five days following the date which electronic notification has been delivered to the addressee.
If addressee request information regarding receiving of electronic notification, he/she shall notify his/her electronic notification address or phone number to the PTT. Then, PTT shall inform addressee when the electronic notification is received. This information message is transmitted to the phone for a fee and to the electronic notification address for free.
That this information message may not be sent for any reason or delaying of sending information message shall not affect the validity of the notification. Accordingly, we recommend that you should check your notifications regularly.
5. How is electronic notification address accessed?
Electronic notification address can be accessed through;
· Using secured e-signature
· E-government by passing identity authentication
· Using non-returnable verification code which will be obtained from the SMS which will be sent after using the code provided PTT.
Sub transaction authority may reach data as limited to its authorities warranted by main transaction authority.
6. Can third persons be authorized to access to electronic notification address?
Natural and legal persons stated above shall designate minimum 1 - maximum 10 main transaction authority and notify of PTT.
Assignment and authorities of main transaction authority are as follows:
a. Determining sub transaction authorities and adding or removing them from NENS.
b. Delegating the assignment for sub transaction authorities in NENS.
c. If required, conducting all transactions of sub transaction authorities and other technical transactions.
Sub transaction authority may reach data as limited to its authorities warranted by main transaction authority.
7. What do the term of evidence records express?
Evidence records are records which express that notification has been received by NENS, to be delivered to the addressee, has been read and to be served duly. These records are also signed by e-certificate.
Evidence records shall be deemed as conclusive evidence unless the contrary is proved.
8. When will the Regulation Come into Force?
The Regulation will be entered into force as the date of 1 January 2019.
Regulation Regarding Prevention of Major Industrial Accidents and Reduction of Their Effects
In the Official Gazette dated March 2nd, 2019, The Regulation Regarding Prevention of Major Industrial Accidents and Mitigation of Their Effects was published based on the Occupational Health and Safety Law No. 6331 and the Environmental Law No. 2872. As stated in Article 1, titled ”Purview” of the relevant Regulation; measures to be taken in order to prevent accidents that may occur in organizations containing hazardous substances and to minimize the harm of possible accidents on people and environment.
The Board of Protection of Personal Data Has Published New Decision Summaries
Pursuant to the articles 15 and 22 of the Law on Protection of Personal Data no. 6698 (“Law”), the Board of Protection of Personal Data (“Board”) is entitled to conduct necessary inspection within the scope of its remit either ex officio in case it learns the allegation of a violation or upon complaint, and to impose administrative fines in case of breach. The Board publishes decision summaries of its investigations which are considered to be important and to establish precedent on its website.
Panel of Legal Sector Economical Analysis - White Book
Outside Counsel” Panel of Economical Analysis of the Legal Sector – White Book academic study has been carried out at Boğaziçi University South Campus Nafi Baba Tekke in 27 February
Announcement Concerning The Personal Data Violations Has Been Published
The announcement concerning the Decision of the Board of Personal Data Protection in regard to the Rules and Procedures of Notifying the Personal Data Violations dated 24.01.2019 and numbered 2019/10 has been published in the website of the Institution of Personal Data Protection.
Rent Increase Rate Has Changed
Law Amending the Tax Laws and Certain Laws and Legislative Decrees (“Law”) was published in the Official Gazette dated 18 January 2019 and numbered 30659.
The Regulation on the Documents To Be Attached To The Concordatum Request Was Published
The Regulation on the Documents that are to be attached to Concordatum Request (“Regulation”) of which object is to regulate rules and procedures regarding the documents to be attached to concordatum request was published and entered into force on January 30th, 2019.
New Period For Automatic Participation in Compulsory Individual Annuity Insurance
We would like to remind you about the employees who were included in the compulsory individual annuity insurance on 1 January 2019.
Execution Proceedings For Pecuniary Claims Arising Out Of Subscription Agreements Will Be Conducted Online
The Bill of Law on the Execution Proceedings for Pecuniary Claims Arising out of Subscription Agreements (“Law”) which is bringing crucial amendments to the execution proceedings for pecuniary claims arising out of subscription agreements has been published in the Official Gazette dated 19 December 2018.
Obligatory Mediatiıon For Commercial Disputes Is Coming
The Law on the Execution Proceedings for Pecuniary Claims Arising out of Subscription Agreements (“Law”) which brings obligatory mediation for commercial disputes has been published on the Official Gazette dated December 19th, 2018.
Debtor’s Assets Check System Is Coming
The Bill of Law on the Execution Proceedings for Pecuniary Claims Arising out of Subscription Agreements (“Law”) which amends the Enforcement and Bankruptcy Law has been passed into law by being adopted by the General Assembly of the Parliament.
Amendment To Provisions Of Concordatum
The Bill of Law on Procedure of Commencing Execution Proceedings of Receivables Arising from Subscription Agreements ( “Law”) amending various articles of Bankruptcy and Enforcement Law including provisions of concordatum has accepted by Grand National Assembly Of Turkey and has passed into law. The law is expected to be published in the Official Gazette in the upcoming days and the amendments are expected to come into force in soon. We would like to submit the amendments accepted in accordance with the law in terms of concordatum to your information below.
Amendment On The Regulation On Restructuring Of Debts Owed To Financial Sector
The Regulation Amending the Regulation on Restructuring of Debts Owed to Financial Sector (“Regulation”) which aims to amend the Regulation on Restructuring of Debts Owed to Financial Sector which was published on the Official Gazette dated August 15th, 2018, numbered 30510, and which of purpose was to provide debtors, who are in credit relation with banks, leasing companies, factoring companies and financing companies operating in Turkey, an opportunity to fulfill of their repayment obligations and to make sure that they continue to contribute employment, concerning credit debts owed by institutions above mentioned and with the measures to be taken within framework agreements and contracts, has been entered into force by being published on the Official Gazette numbered 30602 dated November 21st, 2018.
The Communique Related to the Decree on the Protection of the Value of the Turkish Currency Numbered 32, Prepared by the Ministry of Treasury and Finance
By the Decree amending the Decree on the Protection of the Value of the Turkish Currency numbered 32 published on September 13th, 2018 (“the Decree”), it has been decided that prices of real estate and movable purchase and sell contracts , all kinds of movable and real estate rental contracts including vehicle renting and financial leasing, employment, leasing, service and construction contracts executed between residents in Turkey shall not be drawn in foreign currency or foreign currency indexed. It has been also indicated in the Decree that details regarding the implementation of the Decree will be issued by the Ministry of Treasury and Finance.
Yunus Egemenoğlu participated to “Yatırım Kulübü” (which basically means “Investment Club”) broadcasted on Bloomberg TV.
Mr. Egemenoğlu treated the legal dimension of increase of the suspension of bankruptcy proceedings lately, while Professor Sakrak touched on economical dimension of this proceedings.
Egemenoglu is retained for the third time at the ICSID arbitration against Turkmenistan
Egemenoglu and Butzel Long LLP is retained by Sehil İnsaat Bankruptcy administration in the arbitration against the Turkmenistan at ICSID.