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Regulation Regarding the Formation, Operation and Control

Principles of the Central Registry Agency

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Att. Naciye Yilmaz

Article 81 of the Capital Markets Law No. 6362 (“Capital Markets

Law”) indicates that the foundation, operation, membership and audit

principals of the Central Registry Agency (“CRA” or “Agency”) shall

be determined by a Regulation of the Capital Markets Board (“CMB”

or “Board”). The Regulation Regarding the Formation, Operation and

Audit Principles of the Central Registry (“Regulation”) was prepared

within this scope and became effective with publication in the Official

Gazette dated 07.08.2014 and numbered 29081.

Duty and Powers of CRA

As per Article 5 of the Regulation, the CRA is a joint stock com-

pany endowed with legal entity status and established to execute the

registry of capital market instruments, pursue electronically these

instruments and the rights thereof, execute the global custody of these

instruments and fulfill other duties determined by the Board.

As per Article 9, the essential duties of the CRA are: registration

of capital market instruments, providing services on the usage of the

rights arising thereof, conserving the privacy of the registry and fulfill-

ing the operation of the system safely. Hence, the CRA pursues the

consistency of the registration of its members; in the event of inco-

herency or contradiction related to the system, the Agency provides the

required corrections and notifies the case to the CMB immediately.

Data collection and data use in a safe way are under the CRA’s respon-

sibility. Therefore, the Agency houses an electronic data bank and pro-

vides the communication of investors safely. It lends assistance to

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NEWSLETTER 2014

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Article of August 2014