Recent Keynotes of February 2020
Resolutions of the President
- The Resolution of the President dated 28.01.2020 and numbered 2081 on the Amendment to the Re-determination of Special Consumption Tax Amounts to be Applied to Some Goods was published in the Official Gazette dated 29.01.2020 and numbered 31023.
- The Resolution of the President dated 12.02.2020 and numbered 2114 on the Approval and Application of the Investment Program for 2020 was published in the Official Gazette dated 12.02.2020 and numbered 31037 (bis).
Legislation
- The Regulation on the Amendment to the Regulation on Business and Working Licenses (Resolution Number: 2048) entered into force through publication in the Official Gazette dated 25.01.2020 and numbered 31019.
- The Regulation on the Amendment to the Regulation on Organization and Working Principles of the Board Competent to Manage Fines Deducted from Workers Wages entered into force through publication in the Official Gazette dated 25.01.2020 and numbered 31019.
- The Regulation on the Amendment to the Regulation on Increasing Efficiency in the Use of Energy and Energy Resources entered into force through publication in the Official Gazette dated 25.01.2020 and numbered 31019.
- The Nuclear Assurance Regulation entered into force through publication in the Official Gazette dated 25.01.2020 and numbered 31019.
- The Statistical Classifications Regulation entered into force through publication in the Official Gazette dated 28.01.2020 and numbered 31022 (bis).
- The Communiqué on Public Tenders (Communiqué No: 2020/1) was published in the Official Gazette dated 29.01.2020 and numbered 31023. This Communiqué entered into force on 01.02.2020.
- The Communiqué on the Prevention of Unfair Competition in Importation (Communiqué No: 2020/1) entered into force through publication in the Official Gazette dated 31.01.2020 and numbered 31025.
- Law numbered 7210 on the Approval of Ratification of the Social Security Agreement between the Republic of Turkey and the Republic of Poland and Application of the Notes Regarding the Amendment to the Agreement entered into force through publication in the Official Gazette dated 31.01.2020 and numbered 31025.
- Law numbered 7214 on the Approval of the Ratification of the Agreement on Reciprocal Incentive and Protection of the Investments between the Governments of the Republic of Turkey and the Republic of Uzbekistan entered into force through publication in the Official Gazette dated 31.01.2020 and numbered 31025.
- The Regulation on the Amendment to the Regulation on Electricity Market Balancing and Settlement entered into force through publication in the Official Gazette dated 02.02.2020 and numbered 31027.
- The Communiqué (No: 2) on the Amendment to the General Communiqué on Recovery Share Declaration (No: 1) entered into force through publication in the Official Gazette dated 05.02.2020 and numbered 31030.
- The Regulation on the Amendment to the Regulation on General Clarification entered into force through publication in the Official Gazette dated 06.02.2020 and numbered 31031.
- The Regulation on the Amendment to the Petrol Market License Regulation entered into force through publication in the Official Gazette dated 07.02.2020 and numbered 31032.
- The Regulation on the Amendment to the Regulation on the Procedures and Principles Regarding Fees to be Collected from Financial Customers was published in the Official Gazette dated 10.02.2020 and numbered 31035. This Regulation entered into force on 01.03.2020.
- The Communiqué on Procedures and Principles Regarding Fees to be Collected from Financial Customers by Banks (No: 2020/4) was published in the Official Gazette dated 10.02.2020 and numbered 31035. This Communiqué entered into force on 01.03.2020.
- The Regulation on the Amendment to the Regulation on After Sales Services was published in the Official Gazette dated 12.02.2020 and numbered 31037. This Regulation enters into force on 01.07.2020.
- The Nuclear Exportation Control Regulation entered into force through publication in the Official Gazette dated 13.02.2020 and numbered 31038.
- The Regulation on Informing in Insurance Contracts entered into force through publication in the Official Gazette dated 14.02.2020 and numbered 31039.
- The Communiqué (Serial No: 30) on the Amendment to the Value Added Tax Common Practice Communiqué was published in the Official Gazette dated 14.02.2020 and numbered 31039. The Articles of this Communiqué enter into force on different dates.
- The Electricity Generation and Electricity Storage Facilities Acceptance Regulation was published in the Official Gazette dated 19.02.2020 and numbered 31044. This Regulation enters into force on 01.04.2020.
- The Turkish Food Codex Regulation entered into force through publication in the Official Gazette dated 19.02.2020 and numbered 31044.
- The Communiqué on Supervision Application in Importation (No: 2020/2) was published in the Official Gazette dated 19.02.2020 and numbered 31044. This Communiqué enters into force on the thirtieth day following the publication date.
- The General Communiqué on Procedural Tax Law (Serial No: 517) entered into force through publication in the Official Gazette dated 20.02.2020 and numbered 31045.
Resolutions of the Personal Data Protection Board
- The resolution summary dated 26.12.2019 and numbered 2019/389 regarding the Request for Opinions about Posting Candidate Results on Websites Without Consent was published by the Personal Data Protection Board on its website on 31.01.2020.
Competition Board Decisions
- The Board granted individual exemption to “Draft Recommendation Resolution Concerning the Use of TLREF Interest Rate in Restructuring Contracts Concluded with Commercial Borrowers,” and “Draft Resolution Regarding the Use of TLREF Interest Rate in Restructuring Under the Financial Restructuring Framework Agreement (Large Scale Application) of the Banks Association of Turkey. (23.01.2020, 20-06/69-38)
- The Board granted individual exemption for five years to the contract concluded between DFDS Denizcilik ve Taşımacılık A.Ş. and Yalova Ro-Ro Terminali A.Ş. regarding the sale of port services from the existing Ro-Ro terminal facilities, and to be constructed in Yalova, owned and operated by Yalova Ro-Ro Terminali A.Ş. to DFDS. (23.01.2020, 20-06/51-28)
- The Board granted individual exemption to Wholesale-Level Fiber Data Flow Access Service and Support Services Framework Cooperation Agreement concluded on 15.03.2017 between Vodafone Net İletişim Hizmetleri A.Ş. and Superonline İletişim Hizmetleri A.Ş. until 15.03.2025. (13.02.2020, 20-10/110-66)
- The Board granted indefinite individual exemption to the ATM Sharing Platform Protocol concluded between Denizbank A.Ş., Türk Ekonomi Bankası A.Ş. and QNB Finansbank A.Ş. on bringing the ATMs owned by them into their customers’ common usage. (13.02.2020, 20-10/108-64)
Mergers & Acquisition
- The Board authorized the establishment of a joint venture by Hyundai Motor Company Ltd. and Aptiv PLC to operate in the development of autonomous driving technologies. (23.01.2020, 20-06/63-35)
- The Board authorized the acquisition of the sole control of ABB Management Holding AG by Hitachi Ltd. (23.01.2020, 20-06/55-31)
- The Board authorized the acquisition of the sole control of Zorlu Rüzgar Enerjisi Elektrik Üretimi A.Ş. by İmbat Enerji A.Ş., the subsidiary of Akfen Yenilenebilir Enerji A.Ş. (28.01.2020, 20-07/72-40)
- The Board authorized the acquisition of (i) the sole control of Koç Finansal Hizmetler A.Ş., which was under the joint control of Koç Holding A.Ş., and the group companies of Koç Holding A.Ş. and UniCredit S.p.A., and (ii) the actual sole control of Yapı ve Kredi Bankası A.Ş., which is the subsidiary of Koç Finansal Hizmetler A.Ş., by the Koç Group. (28.01.2020, 20-07/71-39)
- The Board authorized the merger of Nippon Shokubai Co. Ltd. and Sanyo Chemical Industries Ltd. (06.02.2020, 20-08/91-56)
- The Board authorized the acquisition of the sole control of OMNOVA Solutions, Inc. by Synthomer plc. (06.02.2020, 20-08/90-55)
- The Board authorized the acquisition of the joint control of HH Global Group Ltd. by the investments funds under The Blackstone Group Inc. (06.02.2020, 20-08/85-52)
- The Board authorized the acquisition of the sole control of Veeam Software Holding Limited by the funds managed by Insight Holdings Group, LLC. (06.02.2020, 20-08/84-51)
- The Board authorized the acquisition of Animal Health, which is an animal health line of work of Bayer AG, by Elanco Animal Health Inc. (06.02.2020, 20-08/80-47)
- The Board authorized the acquisition of the joint control of Sanovel İlaç San. ve Tic. A.Ş. and its subsidiaries by MCP Private Capital Fund III SCSp, via MCP Investments III Sarl through Yamma Investments. (06.02.2020, 20-08/79-46)
- The Board authorized the establishment of a joint venture by Peugeot SA, Opel Automobile GmbH and Saft Groupe S.A., to operate in the areas of development, production and supply of battery cells and modules for electric batteries. (06.02.2020, 20-08/78-45)
- The Board authorized Can Uluslararası Yatırım Holding A.Ş. to acquire Sebat Çakmak Sınai ve Tüketim Malları San. ve Tic. A.Ş., which is controlled by Gözde Girişim Sermayesi Yatırım Ortaklığı A.Ş. (06.02.2020, 20-08/75-43)
- The Board authorized the acquisition of the joint control of Zaragoza Properties SOCIMI, S.A. by Generali SCF S.à.r.l and Union Investment Real Estate GmbH. (06.02.2020, 20-08/73-41)
- The Board authorized the acquisition of the sole control of Clariant Plastics & Coating AG, which globally operates in the masterbatch line of work as the subsidiary of Clariant AG, by PolyOne Corporation. (13.02.2020, 20-10/113-68)
- The Board authorized the acquisition of the sole control of Asia Capital Reinsurance Group Pte. Ltd. by Catalina Holdings (Bermuda) Ltd. (13.02.2020, 20-10/106-62)
- The Board authorized the establishment of a joint venture by and between Daimler AG and Swiss Re Ltd. (13.02.2020, 20-10/105-61)
- The Board authorized the establishment of a joint venture by and between Sumitomo Corporation, Toyota Tsusho Corporation, and Kirk J. Lewis. (13.02.2020, 20-10/101-59)
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...