Recent Keynotes of December 2016
International Agreements
- Law numbered 6760 on the Service Trade Agreement within the Scope of the Framework Agreement Establishing a Free Trade Area between the Republic of Turkey and the Republic of Korea entered into force through publication in the Official Gazette dated 24.11.2016 and numbered 29898.
- Law numbered 6765 on the Turkish Stream Natural Gas Pipeline Project Intergovernmental Agreement between the Republic of Turkey and the Russian Federation entered into force through publication in the Official Gazette dated 6.12.2016 and numbered 29910.
Resolutions of the Council of Ministers
- The Resolution of the Council of Ministers dated 31.10.2016 and numbered 2016/9538 regarding the Treasury Support to Credit Guarantee Funds was published in the Official Gazette dated 22.11.2016 and numbered 29896.
- The Resolution of the Council of Ministers dated 17.10.2016 and numbered 2016/9495 regarding Investment Incentives on a Project Basis was published in the Official Gazette dated 26.11.2016 and numbered 29900.
- The Additional Resolution of the Council of Ministers dated 21.11.2016 and numbered 2016/9548 to the Resolution regarding the Import Regime was published in the Official Gazette dated 8.12.2016 and numbered 29912.
Legislation
- Decree Law numbered KHK/677 on Taking Precautions Regarding the State of Emergency entered into force through publication in the Official Gazette dated 22.11.2016 and numbered 29896.
- Decree Law numbered KHK/678 on Making Adjustments Regarding the State of Emergency entered into force through publication in the Official Gazette dated 22.11.2016 and numbered 29896.
- The Regulation on the Amendment to the Regulation Pertaining to the Natural Gas Market entered into force through publication in the Official Gazette dated 23.11.2016 and numbered 29897.
- Communiqué numbered 2016/50 on Prevention of Unfair Competition in Importation entered into force through publication in the Official Gazette dated 23.11.2016 and numbered 29897.
- Law numbered 6755 on the Modified Acceptance of the Decree Law on Taking Precautions Regarding the State of Emergency and on Making Adjustments in Institutions and Organizations entered into force as of 15.7.2016 for Article 37, and through publication in the Official Gazette dated 24.11.2016 and numbered 29898 for the remaining articles.
- Law numbered 6757 on the Modified Acceptance of the Decree Law on Making Adjustments in Institutions and Organizations entered into force through publication in the Official Gazette dated 24.11.2015 and numbered 29898.
- Law numbered 6758 on the Modified Acceptance of the Decree Law on making Adjustments regarding the State of Emergency entered into force as of 31.8.2016 for Article 45, and through publication in the Official Gazette dated 24.11.2016 and numbered 29898 for the remaining articles.
- General Communiqué numbered 3 on Law numbered 6736 on Debt Restructuring Regarding Debts entered into force through publication in the Official Gazette dated 25.11.2016 and numbered 29899.
- General Communiqué numbered 4 on Law numbered 6736 on Debt Restructuring Regarding Debts entered into force through publication in the Official Gazette dated 2.12.2016 and numbered 29906.
- Prime Ministry Circular numbered 2016/27 regarding the Trade Facilitation Board was published in the Official Gazette dated 3.12.2016 and numbered 29907.
- The Communiqué on Signing of the Memorandum of Association in the Registry of Commerce entered into force through publication in the Official Gazette dated 6.12.2016 and numbered 29910.
- Communiqué numbered 2016/49 on the Prevention of Unfair Competition in Importation entered into force through publication in the Official Gazette dated 7.12.2016 and numbered 29911.
- The Communiqué on Determination of Implementation Procedures and Principles of Investment Finance Program of 2017 entered into force through publication in the Official Gazette dated 13.12.2016 and numbered 29917 for Articles 4, 10, 22 and 23, and as of 1.1.2017 for the remaining articles.
- Exportation: Communiqué numbered 2016/11 on the Frontier Trade Implementation entered into force through publication in the Official Gazette dated 13.12.2016 and numbered 29917.
Competition Board Decisions
- The Competition Board (“Board”) granted individual exemption to the trademark license agreement between Toshiba Visual Solutions Corporation and Vestel Ticaret A.Ş. for 5 years. (24.11.2016, 16-41/666-299)
- The Board allowed the privatization of Menzelet and Kılavuzlu Hydrolectric Power Plants owned by Elektrik Üretim A.Ş., and the immovables used by these power plants through the “transfer of the operating rights.” (6.12.2016, 16-42/687-305)
- The Board granted individual exemption to the Importer Agreement between Volvo Truck Corporation and Temsa İş Makinaları İmalat Pazarlama ve Satış A.Ş., provided that it fulfils all of the conditions enumerated under Article 5 of Law numbered 4054. (6.12.2016, 16-42/692-310)
- The Board granted individual exemption to the Ground Services Agreement between TGS Yer Hizmetleri A.Ş. and Türk Hava Yolları A.O.. (15.12.2016, 16-44/707-320)
Mergers and Acquisitions
- The Board authorized the merger of International Petroleum Investment Company and Mubadala Development Company P.J.S.C. (24.11.2016, 16-41/ 663- 297)
- The Board authorized the establishment of the joint control on Allegro Sp. Zo and Ceneo Sp. Zo by Permira Advisers LLP and Cinven LLP Capital Management (VI). (24.11.2016, 16-41/665-298)
- The Board authorized the establishment of a joint venture company by TDK Corporation and Toshiba Corporation. (24.11.2016, 16-41/669-301)
- The Board authorized the acquisition of Wuhan Iron and Steel (Group) Corporation by Baosteel Group Corporation. (24.11.2016, 16-41/ 671-302)
- The Board decided that the transfer of the shares of Ateş Çelik İnşaat Taahhüt Proje Mühendislik Sanayi ve Ticaret A.Ş., owned by Erkan GÜLDOĞAN to Ercan GÜLDOĞAN and Mahmut GÜLDOĞAN is not within the subject context. (24.11.2016, 16-41/ 675-BD)
- The Board decided that the acquisition of a certain number of shares of Say Reklamcılık Yapı Dekorasyon Proje Tahhüt Sanayi ve Ticaret A.Ş. by Evren GÜLDOĞAN is not subject to authorization. (24.11.2016, 16-41/ 676-BD)
- The Board authorized the acquisition of OMV Petrol Ofisi Aliağa Akaryakıt ve LPG Depolama ve Dolum Tesisleri, which is located in Aliağa/İzmir, and is owned by OMV Petrol Ofisi A.Ş., by Renatus Marine Denizcilik ve Liman İşletmeciliği A.Ş. through leasing, and is to be operated by Socar Turkey Akaryakıt Depolama A.Ş. (6.12.2016, 16-42/ 684-303)
- The Board authorized the acquisition of the joint control of DCNS Energies SAS, which is currently under the sole control of DCNS SA, by SPI Societes de Projects Industriels, which is represented by Bpifrance Investissement and DNCS SA. (6.12.2016, 16-42/688-306)
- The Board authorized the acquisition of a certain number of shares of Polisan Boya Sanayi ve Ticaret A.Ş. through share transfer and capital increase by Kansai Paint Co., Ltd. (6.12.2016, 16-42/ 689-307)
- The Board authorized the acquisition of 100% of the shares of Örgen Gıda Sanayi ve Ticaret A.Ş. by Ajinomoto Co., Inc. (6.12.2016, 16-42/ 690-308)
- The Board authorized the acquisition of the control of A-Tex Holding A/S by Labelon Group Limited. The Board imposed an administrative fine on Labelon Group according to Article 16/1-b of Law numbered 4054, as the transaction subject to declaration had not been declared. (6.12.2016, 16-42/693-311)
- The Board authorized the acquisition of a certain number of shares of Guardian Industries Corp. by Koch Industries Inc. through KGIC Acquisition LLC. (6.12.2016, 16-42/694-312)
- The Board authorized the establishment of a joint venture between Kayı İnşaat Sanayi ve Ticaret A.Ş. and Salini Impegrilo S.p.A. for the cure, reparation, operation, medical equipment supply, and montage services related to Gaziantep Entegre Sağlık Kampüsü Project. (8.12.2016, 16-43/701-315)
- The Board authorized the acquisition of the shares of SGL GE Holding GmbH by Showa Denko K.K. (15.12.2016, 16-44/702-316)
- The Board authorized the establishment of a joint venture between IHI Corporation and Dalgakıran Makina San. ve Tic. A.Ş. (15.12.2016, 16-44/704-317)
- The Board authorized the acquisition of a certain number of shares of Publicis Yorum Tanıtım Basım ve Yayın Hizmetleri A.Ş. by Publicis Groupe Holdings B.V., and its transition from joint control to sole control. (15.12.2016, 16-44/705-318)
- The Board authorized the acquisition of the sole control of Asya Emeklilik ve Hayat A.Ş. by Turkish Agricultural Credit Cooperatives Central Association from Asya Katılım Bankası A.Ş. (15.12.2016)
- The Board decided that the acquisition of Kozbükü Hydroelectric Power Plant, owned by İdil İki Enerji San. Tic. A.Ş. by Nas Enerji A.Ş. through asset sale is not subject to authorization. (15.12.2016, 16-44/710-BD)
Energy
- Energy Market Regulatory Authority Oil Market Sector Report, September, 2016, was published on its web site on 22.11.2016.
All rights of this article are reserved. This article may not be used, reproduced, copied, published, distributed, or otherwise disseminated without quotation or Erdem & Erdem Law Firm's written consent. Any content created without citing the resource or Erdem & Erdem Law Firm’s written consent is regularly tracked, and legal action will be taken in case of violation.
Other Contents
The Grand General Assembly of the Unification of Jurisprudence ("GGAUJ") ruled with the Decision of the Grand General Assembly of the Unification of Jurisprudence dated 28.04.2023 numbered 2021/5 E. 2023/2 K. ("Decision") that if the legal remedy period is erroneously indicated longer in the decision in...
The concept of estate, which can be considered as the foundation of our inheritance law, refers to all the property, rights, and debts belonging to an individual after their death. Throughout history, humans have been buried with their cherished belongings based on religious beliefs, but over time, it has been observed...
The Resolution of the President dated 21.07.2023 and numbered 7393 on the Approval of the Memorandum of Understanding between the Government of the Republic of Türkiye and the Government of the People’s Democratic Republic of Algeria on Cooperation in the Field of Mining was published in the Official...
The Grant Agreement signed on 06.04.2023 between the Ministry of Treasury and Finance of Republic of Türkiye, Development and Investment Bank of Turkey (TKYB) and German Development Bank (KfW) was published in the Official Gazette dated 04.07.2023 and numbered 32238...
Inheritance contracts are contracts involving a testamentary disposition concluded by the legator, with her inheritor or a third party. A testamentary disposition is a legal transaction that includes the orders of the legator that she wishes to be carried out after her death. Testamentary disposition term is used in two...
The Resolution of the President dated 06.06.2023 and numbered 7302 on the Ratification of the Economic and Financial Cooperation Agreement between the Republic of Türkiye and the Turkish Republic of Northern Cyprus for 2023 was published in the Official Gazette dated 07.06.2023 and numbered 32214...
This study examines the decision ("Decision") of the Turkish Constitutional Court ("CC") dated 22.02.2023, published in the Official Gazette on April 28, 2023, which abolished the first sentence of Article 187 of the Turkish Civil Code numbered 4721 ("TCC"), which obliges a woman to take her husband's surname upon...
The Resolution on the Approval of the Annexed Amendment Letter Regarding the Separate Agreement on the Financing Agreement between the Ministry of National Education of the Republic of Turkey and the German Development Bank (KfW) on the Clean Energy and Energy Efficiency Measures Project...
The Resolution of the President dated 01.04.2023 and numbered 7025 on the Approval of the Protocol on the Accession of the Republic of Finland to the North Atlantic Treaty was published in the Official Gazette dated 02.04.2023 and numbered 32151...
The Resolution of the President dated 08.03.2023 and numbered 6913 on the Ratification of the Agreement between the Republic of Turkey and the European Union on the Participation of the Republic of Turkey in the Union Program on Cooperation in the Customs Area, ‘Customs’, effective from 1 January 2021...
The Resolution of the President dated 25.01.2023 and numbered 6728 on the Application of the Exemption in the Fourth Paragraph of the Provisional Article 14 of the Corporate Tax Law No. 5520 to the Foreign Currencies in the Balance Sheets of the Corporations as of 31.12.2022 was published in the Official...
The Resolution on the Approval of the Protocol between the Government of the Republic of Turkey and the Government of the Turkish Republic of Northern Cyprus on the Deployment of Energy Transmission Lines of Geçitkale Airport (Resolution No: 6647) entered into force through publication in the...
The Resolution of the President dated 23.11.2022 and numbered 6416 on the Approval of the Economic and Financial Cooperation Agreement - Additional Agreement - signed between the Government of the Republic of Turkey and the Government of the Turkish Republic of Northern Cyprus on...
The Resolution of the President dated 19.10.2022 and numbered 6238 on the Approval of the Memorandum of Understanding Between the Government of the Republic of Turkiye and the Government of the Federal Republic of Nigeria on Cooperation in the Field of Energy was published in the Official Gazette...
The Resolution of the President dated 26.09.2022 and numbered 6090 on the Approval of the Annexed Amendment Protocol signed by the Exchange of Letters dated 12.08.2022 and 31.08.2022 between the Government of the Republic of Turkey and the European Commission on the Amendment to...
The Resolution of the President dated 15.09.2022 and numbered 6080 on the Approval of the Memorandum of Understanding About Implementation of the Multilateral Tax Program Between the Government of the Republic of Turkey and the Organization for Economic Cooperation and Development at...
Since social media has turned into a modern mass communication tool, the concepts of advertising and marketing have been brought to a new dimension. Influencers, who promote various products and services by "influencing" their audience through social media, are driving the next generation of...
The Resolution of the President dated 20.07.2022 and numbered 5801 on the Determination of the Default Interest Rate under the First Paragraph of Article 51 of the Law numbered 6183 on the Collection Procedure of Public Receivables as 2.5% to be Applied Separately for Each Month, was published...
Decision dated 27.06.2022 and numbered 5751 on the Ratification of the Fund Grant Agreement signed between Republic of Turkey Ministry of Labor and Social Security and International Bank for Reconstruction and Development, on 05.05.2022...
The Resolution of the President dated 23.05.2022 and numbered 5596 on the Ratification of the Economic and Financial Cooperation Agreement between the Government of the Republic of Turkey and the Government of the Turkish Republic of Northern Cyprus was published in the Official Gazette dated...
The Resolution of the President dated 23.04.2022 and numbered 5520 on the Approval of the Agreement between the Government of the Republic of Turkey and the Government of the Republic of Cote D’Ivoire Concerning the Reciprocal Promotion and Protection of Investments...
In a decision dated 29.09.2021 with application number 2018/357 (“Decision”), the Constitutional Court decided by a large majority that the applicant's right to property was violated due to the fact that the immovables expropriated for the purpose of mass housing construction...
Pursuant to Art. 101 of the Turkish Civil Code (“CC”) No. 4721, foundations are an ensemble of assets that have legal personality, which comprises of sufficient assets and rights that are allocated by real and legal persons for a determined and perpetual objective. Foundations are legal persons that have “ideal...