Recent Keynotes of December 2023
International Agreements
- The Law numbered 7478 on the Approval of the Ratification of the Air Services Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Maldives entered into force through publication in the Official Gazette dated 29.11.2023 and numbered 32384.
- The Law numbered 7479 on the Approval of the Ratification of the Air Transportation Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Paraguay and the Notes Amending the Agreement entered into force through publication in the Official Gazette dated 29.11.2023 and numbered 32384.
- The Resolution of the President dated 30.11.2023 and numbered 7893 on the Ratification of the Agreement between the Government of the Republic of Türkiye and the Government of the Democratic Socialist Republic of Sri Lanka for the Avoidance of Double Taxation in Taxes on Income and Prevention of Tax Evasion and Tax Avoidance and the Additional Protocol entered into force through publication in the Official Gazette dated 01.12.2023 and numbered 32386.
- The Resolution of the President dated 30.11.2023 and numbered 7894 on the Ratification of the Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Sierra Leone for the Avoidance of Double Taxation in Taxes on Income and Prevention of Tax Evasion and Tax Avoidance entered into force through publication in the Official Gazette dated 01.12.2023 and numbered 32386.
- The Resolution of the President dated 30.11.2023 and numbered 7895 on the Ratification of the Agreement between the Government of the Republic of Türkiye and the Government of the Federal Republic of Nigeria on the Avoidance of Double Taxation in Taxes on Income and Prevention of Tax Evasion and Tax Avoidance entered into force through publication in the Official Gazette dated 01.12.2023 and numbered 32386.
- The Resolution of the President dated 30.11.2023 and numbered 7896 on the Ratification of the Agreement between the Government of the Republic of Türkiye and the Government of the Kingdom of Cambodia for the Avoidance of Double Taxation in Taxes on Income and Prevention of Tax Evasion, together with the accompanying Notes entered into force through publication in the Official Gazette dated 01.12.2023 and numbered 32386.
- The Resolution of the President dated 30.11.2023 and numbered 7897on the Ratification of the Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Senegal on the Avoidance of Double Taxation in Taxes on Income and Prevention of Tax Evasion and the Additional Protocol and the Notes Amending the Agreement entered into force through publication in the Official Gazette dated 01.12.2023 and numbered 32386.
- The Grant Agreement between the Republic of Türkiye and the International Bank for Reconstruction and Development regarding the Renewable Energy Project in Public Sector and Municipalities was published in the Official Gazette dated 07.12.2023 and numbered 32392.
- The Law numbered 7481 on the Approval of the Ratification of the Air Transportation Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Guinea entered into force through publication in the Official Gazette dated 12.12.2023 and numbered 32397.
- The Law numbered 7482 on the Approval of the Ratification of the Air Transportation Agreement between the Government of the Republic of Türkiye and the Government of the Republic of the Congo entered into force through publication in the Official Gazette dated 12.12.2023 and numbered 32397.
- The Law numbered 7483 on the Approval of the Ratification of the Air Services Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Palau entered into force through publication in the Official Gazette dated 12.12.2023 and numbered 32397.
- The Law numbered 7484 on the Approval of the Ratification of the Air Transportation Agreement between the Government of the Republic of Türkiye and the Government of the Kingdom of Lesotho entered into force through publication in the Official Gazette dated 12.12.2023 and numbered 32397.
- The Law numbered 7485 on the Ratification of the Protocol Amending the Title of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) dated September 30, 1957 entered into force through publication in the Official Gazette dated 12.12.2023 and numbered 32397.
- The Law numbered 7486 on the Approval of the Ratification of the Aviation Services Agreement between the Government of the Republic of Türkiye and the Government of Burkina Faso entered into force through publication in the Official Gazette dated 12.12.2023 and numbered 32397.
- The Law numbered 7487 on the Approval of the Ratification of the Air Transportation Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Namibia entered into force through publication in the Official Gazette dated 12.12.2023 and numbered 32397.
- The Grant Agreement between the Republic of Türkiye and the International Bank for Reconstruction and Development regarding the Carbon Market Development Project was published in the Official Gazette dated 12.12.2023 and numbered 32397.
- The Law numbered 7480 on the Approval of the Ratification of the Air Transportation Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Equatorial Guinea entered into force through publication in the Official Gazette dated 13.12.2023 and numbered 32398.
- The Resolution of the President dated 12.13.2023 and numbered 7948 on the Ratification of the Agreement on the Establishment of the Turkish Investment Fund entered into force through publication in the Official Gazette dated 13.12.2023 and numbered 32398.
- The Resolution of the President dated 12.13.2023 and numbered 7949 on the Ratification of the Agreement between the Republic of Türkiye and the Democratic Republic of the Congo on the Avoidance of Double Taxation in Taxes on Income and Prevention of Tax Evasion and Tax Avoidance entered into force through publication in the Official Gazette dated 13.12.2023 and numbered 32398.
- The Resolution of the President dated 12.13.2023 and numbered 7950 on the Ratification of the Memorandum of Understanding on Energy between the Government of the Republic of Türkiye and the Government of the Kingdom of Saudi Arabia entered into force through publication in the Official Gazette dated 13.12.2023 and numbered 32398.
Resolutions of the President
- The Resolution of the President dated 23.11.2023 and numbered 7846 on the Removal of the Right to Discount the Value Added Tax Calculated within the Scope of Import Surveillance and Safeguard Measures entered into force through publication in the Official Gazette dated 24.11.2023 and numbered 32379.
Legislation
- The Regulation on the Amendment to the Advertising Council Regulation entered into force through publication in the Official Gazette dated 22.11.2023 and numbered 32377.
- The Communiqué on the Amendment to the Customs General Communiqué (Customs Transactions) (Serial No: 95) (Serial No: 194) entered into force through publication in the Official Gazette dated 22.11.2023 and numbered 32377.
- The Communiqué on the Amendment to the Customs General Communiqué (Customs Transactions) (Serial No: 97) (Serial No: 195) entered into force through publication in the Official Gazette dated 22.11.2023 and numbered 32377.
- The Communiqué on the Amendment to the Customs General Communiqué (Customs Transactions) (Serial No: 99) (Serial No: 197) entered into force through publication in the Official Gazette dated 22.11.2023 and numbered 32377.
- The Communiqué on the Amendment to the Customs General Communiqué (Customs Transactions) (Serial No: 100) (Serial No: 198) entered into force through publication in the Official Gazette dated 22.11.2023 and numbered 32377.
- The Communiqué on the Amendment to the Customs General Communiqué (Customs Transactions) (Serial No: 105) (Serial No: 199) entered into force through publication in the Official Gazette dated 22.11.2023 and numbered 32377.
- The Regulation on the Amendment to the Regulation on Application to Mediator and Arbitrator in Collective Labor Contracts entered into force through publication in the Official Gazette dated 23.11.2023 and numbered 32378.
- The General Communiqué on Tax Procedure Law (Sequence No: 554) entered into force through publication in the Official Gazette dated 25.11.2023 and numbered 32380.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2023/32) entered into force through publication in the Official Gazette dated 25.11.2023 and numbered 32380.
- The Communiqué (No: 2023/31) on the Amendment to the Communiqué on the Maturities and Types of Deposits and Participation Funds (No: 2007/1) entered into force through publication in the Official Gazette dated 25.11.2023 and numbered 32380.
- The Communiqué (No.: 2023/32) on the Amendment to the Communiqué (No.: 2020/4) on the Procedures and Principles Regarding the Fees to be Charged by Banks to Commercial Customers was published in the Official Gazette dated 25.11.2023 and numbered 32380. This Communiqué enters into force on 01.12.2023.
- The Communiqué (No.: 2023/33) on the Amendment to the Communiqué on Procedures and Principles Regarding Fees to be Charged to Financial Consumers (No.: 2020/7) was published in the Official Gazette dated 25.11.2023 and numbered 32380. This Communiqué enters into force on 01.12.2023.
- The Communiqué (No: 2023/1) on the Amendment to the Communiqué on the Implementation of the Decree on State Aids in Investments (Communiqué No: 2012/1) entered into force through publication in the Official Gazette dated 28.11.2023 and numbered 32383.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2023/33) entered into force through publication in the Official Gazette dated 28.11.2023 and numbered 32383.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2023/34) entered into force through publication in the Official Gazette dated 28.11.2023 and numbered 32383.
- The Communiqué on the Amendment to the Communiqué on Principles Regarding Portfolio Management Companies and their Activities (III-55.1) (III-55.1.e) entered into force through publication in the Official Gazette dated 28.11.2023 and numbered 32383.
- The Regulation on the Amendment to the Electronic Notification Regulation entered into force through publication in the Official Gazette dated 29.11.2023 and numbered 32384.
- The Communiqué on the Import of Certain Electric Vehicles (Import: 2023/22) was published in the Official Gazette dated 29.11.2023 and numbered 32384. This Communiqué enters into force on the thirtieth day following the date of publication.
- The Communiqué on the Amendment to the Communiqué on Supporting Conversion to Turkish Lira Deposit and Participation Accounts (Number: 2021/14) (Number: 2023/34) entered into force through publication in the Official Gazette dated 01.12.2023 and numbered 32386.
- The Communiqué on the Amendment to the Communiqué on Supporting Conversion from Gold Accounts to Turkish Lira Deposit and Participation Accounts (No: 2021/16) (No: 2023/35) entered into force through publication in the Official Gazette dated 01.12.2023 and numbered 32386.
- The Communiqué (No. 2023/36) on the Amendment to the Communiqué (No. 2022/7) on the Deposit and Participation System Accounts of Citizens Residing Abroad (YUVAM) entered into force through publication in the Official Gazette dated 01.12.2023 and numbered 32386.
- The Communiqué (No. 2023/37) on the Amendment to the Communiqué (No. 2022/11) on the Incorporation of Physical Assets Denominated in Gold into the Financial System entered into force through publication in the Official Gazette dated 01.12.2023 and numbered 32386.
- The Determination of Interest Rates to be Applied in Rediscount and Advance Transactions entered into force through publication in the Official Gazette dated 01.12.2023 and numbered 32386.
- The Regulation on the Amendment to the Customs Settlement Regulation entered into force through publication in the Official Gazette dated 02.12.2023 and numbered 32387.
- The Communiqué on the Amendment to the Communiqué on the Tariffs and Instructions and Working Procedures and Principles of the State-Supported Commercial Receivables Insurance System was published in the Official Gazette dated 06.12.2023 and numbered 32391. The provisions of the Communiqué enter into force on different dates.
- The General Communiqué on the Law numbered 7440 on the Restructuring of Certain Receivables (Serial No: 5) entered into force through publication in the Official Gazette dated 13.12.2023 and numbered 32398.
- The Communiqué on the Amendment to the Customs General Communiqué (International Agreements) (Serial No: 10) (International Agreements) (Serial No: 11) was published in the Official Gazette dated 13.12.2023 and numbered 32398. This Communiqué entered into force through publication, effective as of 11.10.2023.
- The Customs General Communiqué (Customs Transactions) (Serial No: 202) was published in the Official Gazette dated 13.12.2023 and numbered 32398. This Communiqué enters into force on 01.01.2024.
- The Communiqué on Safeguard Measures in Imports (No: 2023/7) entered into force through publication in the Official Gazette dated 13.12.2023 and numbered 32398.
- The Regulation on the Amendment to the Regulation on Principles and Rules to be Applied in Retail Trade was published in the Official Gazette dated 14.12.2023 and numbered 32399. This Regulation enters into force on 01.01.2024.
- The Regulation on Active Cooperation for the Purpose of Uncovering Cartels entered into force through publication in the Official Gazette dated 16.12.2023 and numbered 32401.
- The Regulation on the Amendment to the Price Labeling Regulation was published in the Official Gazette dated 19.12.2023 and numbered 32404. This Regulation entered into force on 01.01.2024.
- The Regulation on the Amendment to the Electricity Market Balancing and Settlement Regulation was published in the Official Gazette dated 19.12.2023 and numbered 32404. This Regulation enters into force on 01.01.2024.
- The Communiqué (No: 2024/1) on the Increase in the Lower Limit of the Administrative Fine Stipulated in the First Paragraph of Article 16 of the Law numbered 4054 on the Protection of Competition was published in the Official Gazette dated 20.12.2023 and numbered 32405. This Communiqué enters into force on 01.01.2024.
Mergers and Acquisitions
- The Competition Board (“Board”) decided that the acquisition of sole control of Braingroup AG by Giesecke+Devrient GmbH through its subsidiary Netcetera Group AG is not subject to authorization. (23.11.2023, 23-54/1064-BD)
- The Board decided that the acquisition of sole control of certain tangible and intangible assets belonging to Medicall Biomedical Eng. Sag. Hiz. Tic. A.Ş. by Medtronic, plc. through Medtronic Medikal Teknoloji Ticaret Ltd. Şti. is not subject to authorization. (23.11.2023, 23-54/1065-BD)
- The Board authorized the establishment of a full function joint venture between Renault S.A.S. and Zhejiang Geely Holding Group Co., Ltd. (23.11.2023, 23-54/1030-369)
- The Board authorized the acquisition of the joint control of BCP V Everise Topco Inc. by Warburg Pincus LLC. (23.11.2023, 23-54/1032-370)
- The Board authorized the establishment of a full function joint venture between China National Medical Device Co., Ltd. and GE Healthcare Co., Ltd. under the name Sinopharm Pharmaceutical Imaging Co., Ltd. (23.11.2023, 23-54/1037-372)
- The Board authorized the indirect acquisition of sole control of Synlab AG and its subsidiaries by Fifth Cinven Fund through Ephios Luxembourg S.àr.l. (23.11.2023, 23-54/ 23-54/1038-373)
- The Board authorized the acquisition of a certain percentage of the capital of Disera Tıbbi Malzeme Lojistik Sanayi ve Ticaret A.Ş. by Azimut Portföy Yönetimi A.Ş. LCP Birinci Girişim Sermayesi Yatırım Fonu and the acquisition of its joint control (23.11.2023, 23-54/1039-374)
- The Board authorized the acquisition of sole control of Ankara Etlik Hastane Sağlık Hizmetleri İşletme ve Yatırım A.Ş. by Türkerler İnşaat Turizm Madencilik Enerji Üretim Ticaret ve Sanayi A.Ş. (23.11.2023, 23-54/1041-375)
- The Board authorized the establishment of a full function joint venture by Marketspringpad Holdings Limited and UNİ Finansal Teknoloji Hizmetleri A.Ş. (23.11.2023, 23-54/1045-377)
- The Board authorized the transfer of the truck and bus service business line of the dealership located in Stuttgart-Hallschlag to Daimler Truck AG and ultimately to Daimler Truck Holding AG. (23.11.2023, 23-54/1072-378)
- The Board authorized the acquisition of the sole control of Global Terminal Hizmetleri A.Ş. by GTS Investments B.V. (30.11.2023, 23-55/1086-383)
- The Board authorized the acquisition of sole control of Cargo Partner Group Holding AG by Nippon Express Holdings, Inc. (30.11.2023, 23-55/1090-384)
- The Board authorized the acquisition of sole control of Kocaeli Lastik Sanayi Anonim Şirketi by Maxis Girişim Sermayesi Portföy Yönetimi A.Ş. Atlas Büyüme Sermayesi Girişim Sermayesi Yatırım Fonu and Maxis Girişim Sermayesi Portföy Yönetimi A.Ş. T-Fon Girişim Sermayesi Yatırım Fonu. (30.11.2023, 23-55/1092-386)
- The Board authorized the acquisition of all shares of Future Electronics Inc. by WT Microelectronics Co. Ltd. (30.11.2023, 23-55/1093-387)
- The Board decided that Origin Lojistik Tic. Taş. A.Ş. by Fevzi Gandur Lojistik A.Ş. is not within the scope of the transaction. (07.11.2023, 23-56/1115-BD)
- The Board authorized the acquisition of sole control of Kimya Tekstil Ürünleri Ticaret A.Ş. and Renkim Dış Ticaret A.Ş. by Ravago S.A. through its subsidiary Ravago Chemicals S.A. (07.12.2023, 23-55/1100-388)
- The Board authorized the acquisition of sole control of Bolloré Logistics SE by CMA CGM S.A. (07.11.2023, 23-56/1109-392)
- The Board authorized the acquisition of sole control of Zingat Gayrimenkul Bilgi Sistemleri A.Ş. by Glokal Dijital Hizmetler Pazarlama ve Ticaret A.Ş. (07.11.2023, 23-56/1121-399)
Energy
- The Decisions of Energy Market Regulatory Authority (“EMRA”) dated 23.11.2023 and numbered 12206, 12207, 12210, 12211 and 12212 were published in the Official Gazette dated 25.11.2023 and numbered 32380.
- The Decision of EMRA dated 14.12.2023 and numbered 12249 was published in the Official Gazette dated 16.12.2023 and numbered 32401.
- The Decision of EMRA dated 14.12.2023 and numbered 12250 was published in the Official Gazette dated 16.12.2023 and numbered 32401.
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 Resolution of the President dated 24.10.2023 and numbered 7731 on the Approval of the Protocol on Cooperation in the Field of Social Assistance and Social Services between the Government of the Republic of Türkiye and the Government of the Turkish Republic of Northern Cyprus was published in the...
The Law on the Approval of the Ratification of the Intergovernmental Agreement on Dry Ports numbered 7459 was published in the Official Gazette dated 17.10.2023 and numbered 32342...
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 Resolution of the President dated 14.09.2023 and numbered 7611 on the Approval of the Agreement signed between the Government of the Republic of Turkey and the Government of Hungary on 06/04/2023 on Cooperation in the Field of Sports was published in the Official Gazette dated 15.09.2023 and...
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...