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Regulations regarding the Operating License of Payment

Institutions and their Corporate Governance

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Att. Selen Ozturk

Introduction

The Law on the Payment and Securities Settlement Systems,

Payment Services and Electronic Money Institutions

1

(“Law on

Payment Services”) and the Regulation on Payment Services and

Electronic Money Issuance and Payment Institution and Electronic

Money Institutions

2

(“Regulation on Payment Services”) regulates the

procedures and principles regarding payment services and electronic

money issuance, as well as the activities of payment institutions and

electronic money institutions that operate within Turkey. The regula-

tion of payment services is of vital importance in a world where infor-

mation systems develop each day. Turkey, in order to remain in sync

with current developments, has set forth legal regulations on payment

services. The Regulation on Payment Services regulates, in detail,

transactions that are subject to operating permits, regulations regarding

funds, corporate governance of, and agreements concluded by payment

institutions. This article specifically examines operating permits grant-

ed, and the corporate governance principles that payment institutions

abide by.

Payment Services and Payment Institutions

In accordance with Art. 12 of the Law on the Payment Services, (i)

all transactions that are required in order to operate a payment account,

including services which enable cash to be placed in, and withdrawn

from, a payment account, (ii) execution of payment transactions,

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NEWSLETTER 2015

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Article of April 2015

1

Published in the Official Gazette dated 27 June 2013 and numbered 28690.

2

Published in the Official Gazette dated 27 June 2014 and numbered 29043.