Recent Keynotes of February 2021

February 2021
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International Agreements

  • The Resolution of the President dated 03.02.2021 and numbered 3488 on the Approval of the Contribution Agreement between the Republic of Turkey and the European Reconstruction and Development Bank on Turkey’s Participation in the Eastern Europe Energy Efficiency and Environment Partnership Regional Fund with the Accompanying Rules and the Letter was published in the Official Gazette dated 04.02.2021 and numbered 31385.

Resolutions of the President

  • The Resolution of the President dated 29.01.2021 and numbered 3462 on the Amendment of the Resolution on Supporting Digital Operations for Entering into the Market entered into force through publication in the Official Gazette dated 30.01.2021 and numbered 31380.
  • The Resolution of the President dated 29.01.2021 and numbered 3463 on Providing Additional Support to State Supports for Exported Goods Concerning the Activities Conducted in Target Sectors to Target Countries was published in the Official Gazette dated 30.01.2021 and numbered 31380. Articles of the Resolution enter into force on different dates.
  • The Resolution of the President dated 29.01.2021 and numbered 3470 on the Amendment of the Resolution on Determining Value Added Tax Rates to be Applied to Goods and Services entered into force through publication in the Official Gazette dated 30.01.2021 and numbered 31380.
  • The Resolution of the President dated 02.2021 and numbered 3471 on Enforcement of the Annexed Decision on Special Consumption Tax Rates to be Applied to Certain Goods entered into force through publication in the Official Gazette dated 02.02.2021 and numbered 31383.
  • The Resolution of the President dated 02.2021 and numbered 3506 on Turnover Loss Support due to the Coronavirus Pandemic for Businesses in the Food and Beverage Field entered into force through publication in the Official Gazette dated 06.02.2021 and numbered 31387.
  • The Resolution of the President dated 02.2021 and numbered 3517 on the Amendment of the Decision on the Enforcement of Some Articles of Customs Law numbered 4458 entered into force through publication in the Official Gazette dated 06.02.2021 and numbered 31387.
  • The Resolution of the President dated 02.2021 and numbered 3457 on Determining the Transfer Allowances for Development Agencies in 2021 entered into force through publication in the Official Gazette dated 13.02.2021 and numbered 31394.

Legislation

  • The Regulation Amending the Regulation on the Electronic Tender was published in the Official Gazette dated 26.01.2021 and numbered 31376. Articles of the Regulation enter into force on different dates.
  • The Regulation Amending the Regulation on the Service Procurement Tender was published in the Official Gazette dated 26.01.2021 and numbered 31376. Articles of the Regulation enter into force on different dates.
  • The Regulation Amending the Regulation on the Goods Procurement Tender was published in the Official Gazette dated 26.01.2021 and numbered 31376. Articles of the Regulation enter into force on different dates.
  • The Regulation Amending the Regulation on Construction Works Tender was published in the Official Gazette dated 26.01.2021 and numbered 31376. Articles of the Regulation enter into force on different dates.
  • The Communiqué on the Amendment of the General Communiqué of Public Procurement entered into force through publication in the Official Gazette dated 26.01.2021 and numbered 31376.
  • The Communiqué on Public Procurement (No: 2021/1) was published in the Official Gazette dated 26.01.2021 and numbered 31376. The Communiqué entered into force on 01.02.2021.
  • The Regulation on the Amendment of the Regulation on Electricity Market Ancillary Services was published in the Official Gazette dated 27.01.2021 and numbered 31377. Articles of the Regulation enter into force on different dates.
  • The Communiqué on Preventing Unfair Competition in Imports (No: 2021/3) entered into force through publication in the Official Gazette dated 28.01.2021 and numbered 31378.
  • The Communiqué (No: 2021-32/59) on the Amendment of the Communiqué (No: 2008-32/34) on Resolution numbered 32 on the Protection of the Value of Turkish Lira entered into force through publication in the Official Gazette dated 30.01.2021 and numbered 31380.
  • The Communiqué on the Protection Measures in Import (No: 2021/2) entered into force through publication in the Official Gazette dated 02.02.2021 and numbered 31383.
  • Law No. 7263 on the Amendment of the Technology Development Zones Law and Some Other Laws entered into force through publication in the Official Gazette dated 03.02.2021 and numbered 31384.
  • The Regulation Amending the Regulation on Commercial Advertising and Unfair Commercial Practices was published in the Official Gazette dated 03.02.2021 and numbered 31384. The Regulation enters into force on 01.04.2021.
  • The Communiqué on Preventing Unfair Competition in Imports (No: 2021/6) entered into force through publication in the Official Gazette dated 03.02.2021 and numbered 31384.
  • The Communiqué on the Amendment of General Application of Value Added Tax (Serial No: 34) entered into force through publication in the Official Gazette dated 05.02.2021 and numbered 31386.
  • The Communiqué on the Amendment of the Communiqué on the Supervision in Imports (No: 2008/8) entered into force through publication in the Official Gazette dated 06.02.2021 and numbered 31387.
  • The General Communiqué of the Law of Tax Procedure (Serial No: 525) entered into force through publication in the Official Gazette dated 09.02.2021 and numbered 31390.
  • The Communiqué (Serial No: 526) on the Amendment of the General Communiqué of the Law of Tax Procedure (Serial No: 509) entered into force through publication in the Official Gazette dated 09.02.2021 and numbered 31390.
  • The Regulation on the Amendment of the Regulation on the Procedures and Principles of Precious Metal Trading by the Banks entered into force through publication in the Official Gazette dated 10.02.2021 and numbered 31391.
  • The Regulation on the Amendment of the Regulation on the Principles of Repo and Reverse Repo Transactions by Banks entered into force through publication in the Official Gazette dated 10.02.2021 and numbered 31391.
  • The Communiqué on Preventing Unfair Competition in Imports (No: 2021/7) entered into force through publication in the Official Gazette dated 12.02.2021 and numbered 31393.
  • The Communiqué on the Amendment of General Application of Value Added Tax (Serial No: 35) entered into force through publication in the Official Gazette dated 16.02.2021 and numbered 31397. The Communiqué enters into force at the beginning of the month following its publication.
  • The Communiqué on Preventing Unfair Competition in Imports (No: 2021/5) entered into force through publication in the Official Gazette dated 19.02.2021 and numbered 31400.
  • The Regulation on the Amendment of the Regulation on the Electricity Market Balancing and Settlement entered into force through publication in the Official Gazette dated 20.02.2021 and numbered 31401.
  • The Regulation on the Amendment of the Regulation on the Electricity Market Consumer Services entered into force through publication in the Official Gazette dated 20.02.2021 and numbered 31401.
  • The Regulation on the Amendment of the Regulation on the Registration of Devices Carrying Electronic Identity Information entered into force through publication in the Official Gazette dated 20.02.2021 and numbered 31401.
  • The Communique on the Implementation of the Regulation on the Qualifications of Tourism Facilities entered into force through publication in the Official Gazette dated 20.02.2021 and numbered 31401.
  • The Communiqué on the Amendment to the Communiqué on the Execution of Companies’ Articles of Association with the Trade Registry Directorates entered into force through publication in the Official Gazette dated 20.02.2021 and numbered 31401.
  • The Communiqué (No: 2021-32/60) on the Amendment of the Communiqué (No: 2008-32/34) on Resolution numbered 32 on the Protection of the Value of Turkish Lira entered into force through publication in the Official Gazette dated 21.02.2021 and numbered 31402.

Competition Board Decisions

  • The Board decided that the Franchise Contract Renewed for Turkey between Marka Mağazacılık A.Ş. and GAP Europe Limited, GAP (ITM) Inc. and Banana Republic (ITM) Inc. is within the scope of group exception. (21-05/59-26, 28.01.2021)
  • The Board granted individual exemption to the “Personal Accident Bancassurance Agreement” between BNP Paribas Cardif Emeklilik A.Ş., BNP Paribas Cardif Sigorta A.Ş. and Türk Ekonomi Bankası A.Ş. (21-06/73-33, 04.02.2021)

Mergers and Acquisitions

  • The Board authorized the acquisition of certain shares of Arolez Gıda Sanayi ve Ticaret A.Ş. by Masterbaker Marketing Fzco. (21-05/66-30, 28.01.2021)
  • The Board authorized the acquisition of the joint control of Blutv İletişim ve Dijital Yayın Hizmetleri A.Ş. by Discovery Communication Europe Limited, which is controlled by Discovery Inc. (21-05/65-29, 01.2021)
  • The Board authorized the acquisition of the joint control of Ecom Express Private Limited, which is controlled by Warburg Pincus LLC by Partners Group AG. (21-05/60-27, 28.01.2021)
  • The Board authorized the acquisition of the joint control of AM InvestCo Italy S.p.A, which is controlled by ArcelorMittal S.A. by Invitalia -Agenzia Naionale per I'attrazione degli invetimenti e lo sviluppo d'impresa S.p.A. (21-05/58-25, 28.01.2021)
  • The Board authorized the acquisition of the sole control of DE-KA Elektroteknik Sanayi ve Ticaret A.Ş. by Volex Plc. (21-05/57-24, 28.01.2021)
  • The Board authorized the acquisition of the sole control of Asiana Airlines Inc. by Korean Airlines Co., Ltd. (21-06/79-36, 04.02.2021)
  • The Board authorized the acquisition of the sole control of Çiğli Su Teknolojileri Anonim Şirketi by Ebara Corporation. (21-06/75-34, 04.02.2021)
  • The Board authorized the acquisition of the sole control of Al Obeikan SIG Combibloc Company Ltd. and SIG Combibloc Obeikan FZCO by SIG Combibloc Group AG. (21-06/72-32, 04.02.2021)
  • The Board authorized the acquisition of the sole control of Aegon Hungary Holding B.V., Aegon Hungary Holding II B.V., Aegon Poland/Romania Holding B.V. and Aegon Turkey Holding B.V. by Vienna Insurance Group AG Wiener Versicherung Gruppe. (21-07/101-44, 11.02.2021)
  • The Board authorized the indirect acquisition of the joint control of Calisen plc by BlackRock Alternatives Management, LLC, Nineteenth Investment Company LLC and The Goldman Sachs Group, Inc. (21-07/100-43, 11.02.2021)
  • The Board authorized the acquisition of the sole control of DSM Niaga, DSM Additive Manufacturing and DSM Advanced Solar, including the plating operations, and KONINKLIJKE DSM N.V.'s business line of Resins and Functional Materials by Covestro AG. (21-07/96-42, 11.02.2021)
  • The Board authorized the acquisition of the joint control of KAZ Minerals plc by Vladimir KIM and Oleg NOVACHUK. (21-07/95-41, 11.02.2021)
  • The Board authorized the acquisition of the sole control of Ege-Tav Ege Tarım Hayvancılık Yatırım Ticaret ve Sanayi A.Ş. by NH Food Ltd. (21-07/93-39, 11.02.2021)
  • The Board authorized the acquisition of the joint control of Louis Dreyfus Company B.V., which is controlled by Louis Dreyfus Commodities and Energy Holdings N.V. by Abu Dhabi Developmental Holding Company PJSC. (21-07/92-38, 11.02.2021)
  • The Board authorized the acquisition of the sole control of Trakya Et ve Süt Ürünleri Sanayi ve Ticaret A.Ş. by Siniora Food Industries Company. (21-07/90-37, 11.02.2021)

Energy

  • The Announcement on the Publication of Market Sector Reports of 2020 November was published on the official website of the Energy Market Regulatory Authority (“EMRA”) on 28.01.2021.
  • The EMRA Decision dated 11.02.2021 and numbered 10023, was published in the Official Gazette dated 16.02.2021 and numbered 31397.
  • The EMRA Decisions dated 18.02.2021 and numbered 10035/2, 10036, 10037-1, 10037-2, 10037-3, 10037-4, 10037-5 and 10037-6 were published in the Official Gazette dated 20.02.2021 and numbered 31401.

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Have Form Requirements been brought for Engagements?
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United States Economic Sanctions Regime: Iran
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Regulation on Pilotage and Towage Services
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Approach to Trust Law from a Civil Law Perspective
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Operation of Economic Enterprises by Foundations
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Operation of Economic Enterprises by Foundations

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...

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Industry 4.0 and Its Impact in the Legal World
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