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NEWSLETTER 2011
300
Major Amendments in the Notification Law
8
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Att. Pelin Baydar
“The Notification Law and Lawwith regard to Amendments to Certain
Laws” (“Law”)
entered into force by being publishing in the Official
Gazette dated 19.01.2011 and numbered 27820. Major amendments are
made to the Notification Law by this law.
According to amended article 1 of the Notification Law, all
notifications, including those in the electronic environment, by (i) judicial
authorities, (ii) public administrations within the scope of the general
budget, (iii) administrations with private budgets, (iv) regulatory and
supervisory institutions, (v) social security institutions, (vi) provisional
special administrations, (vii) municipalities, (viii) rural legal personalities,
(ix) bar associations and (x) notaries will be made by the PTT General
Directorate or an officer.
The electronic notification is regulated by the amendment to the
Notification Law. Nevertheless, article 7/a regulated that electronic
notification may be made to those who provided their electronic addresses
and is sufficient for notification. On the other hand, it is obligatory to
make electronic notification to joint stock companies, limited companies,
and limited partnerships divided into shares. It is stipulated within the
same article that an electronic notification is deemed to have been made
on the fifth day following the display of the notification in the electronic
address of the respondent. In addition, it is stipulated that the notification
may be made by other means if electronic notification is impossible due
to obligatory reasons.
A new sub-paragraph
“Notification to the known address”
was added
to article 10 of the Notification Law. If the latest known address is not
sufficient for notification or it is not possible to make a notification to that
address, then the respondent’s residence address registered in the address
registration system will be deemed to be the latest known address, and
notification will be made to that address. Article 21 of the Notification
Law with the title
“Impossibility to notify and refusal of receiving
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Article of January 2011