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important role in our future lives, by examining the legal justification

and important articles of said Law.

Legal Justification of the Law

The legal justifications of the Law show its extent, purpose and

scope. These are as follows:

• Usage of non-cash payment methods for several commercial

and financial transactions in daily life, as a result of technolog-

ical developments and new emerging applications for making

payments;

• Extension of the usage of electronic money as a payment instru-

ment and as a consequence, the need for a legal basis;

• Establishing the integrity of the legislation by defining, legally,

the relationship between the parties as related to payment and

security settlement systems and services, and the terms used in

such relationships;

• Regulating the non-bank institutions which can engage in the

activities of payment services, the increase of the competition

within this sector and the benefits of consumers obtained as a

consequence.

• Authorizing the Turkish Republic Central Bank (“Central

Bank”) to inspect the secure and effective working of the sys-

tems; and

• Harmonization with European Union legislation, especially

with the Payment Services Directive 2007/64/EC, Directive

2009/44/EC amending Directive 1998/26/EC On Settlement

Finality in Payment and Securities Settlement Systems and the

Directive 2009/110/EC on the Taking Up, Pursuit and

Prudential Supervision of the Business of Electronic Money

Institutions.

Payment and Security Settlement Systems

Payment and security settlement systems shall mean the structure

that has common rules and provides the necessary infrastructure for the

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NEWSLETTER 2014