Recent Keynotes of January 2019

January 2019
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International Agreements

  • The Resolution of the President dated 25.12.2018 and numbered 494 on the Approval of the Agreement between the Republic of Turkey and the United Nations concerning the Establishment of the Technology Bank for Least Developed Countries, was published in the Official Gazette dated 26.12.2018 and numbered 30637.
  • The Resolution of the President dated 29.12.2018 and numbered 527 on the Approval of the Agreement between the Republic of Turkey and the Government of the State of Qatar for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, and the Protocol and Letters Included with the Agreement, was published in the Official Gazette dated 30.12.2018 and numbered 30641.

Resolutions of the President

  • The Resolution of the President dated 29.12.2018 and numbered 530 on the Amendment of the Resolution on the Interest Support to be Provided for the Credits to be used from Banks by the Right Holders as per Law numbered 6306, was published in the Official Gazette dated 30.12.2018 and numbered 30641. This resolution entered into force on 01.01.2019.

Legislation

  • The Regulation on the Amendment to the Regulation on the Petroleum Market License entered into force through publication in the Official Gazette dated 22.12.2018 and numbered 30633.
  • The Regulation on the Amendment to the Regulation on the Natural Gas Market License entered into force through publication in the Official Gazette dated 22.12.2018 and numbered 30633.
  • The Communiqué (No: 2018/8) on the Amendment to the Communiqué on the Required Reserves (No: 2013/15) was published in the Official Gazette dated 22.12.2018 and numbered 30633. The Communiqué entered into force on 28.12.2018.
  • The Regulation on the Procedure and Principles regarding the Terrestrial Broadcasting License and Gradation Tender of Radio and Television Supreme Council entered into force through publication in the Official Gazette dated 23.12.2018 and numbered 30634.
  • Law numbered 7159 on the Amendment to Certain Laws with the Highway Traffic Law, was published in the Official Gazette dated 28.12.2018 and numbered 30639. The Articles of this Law, with the exception of Article 5, entered into force on its publication date.
  • The Communiqué on the Amendment to the Communiqué on the Construction Inspection Application was published in the Official Gazette dated 29.12.2018 and numbered 30640. The Communiqué entered into force on 01.2019.
  • The Communiqué (II-26.1.c) on the Amendment to the Communiqué on Takeover Bids (II-26.1) entered into force through publication in the Official Gazette dated 02.01.2019 and numbered 30643.
  • The Communiqué (III-48.1.ç) on the Amendment to the Communiqué on the Principles Regarding Real Estate Investment Companies (III-48.1) entered into force through publication in the Official Gazette dated 02.01.2019 and numbered 30643.
  • The Communiqué (III-52.1.b) on the Amendment to the Communiqué on the Principles regarding Investment Funds (III-52.1) entered into force through publication in the Official Gazette dated 02.01.2019 and numbered 30643.
  • The Communiqué on the Amendment to the Communiqué on the Advance Dividend Distribution entered into force through publication in the Official Gazette dated 05.01.2019 and numbered 30646.
  • The General Communiqué of Law numbered 7143 on Reconstruction of Tax and Other Certain Receivables (Serial No: 5) entered into force through publication in the Official Gazette dated 05.01.2019 and numbered 30646.
  • The Communiqué on the Amendment to the Communiqué on Bank Cards and Credit Cards entered into force through publication in the Official Gazette dated 11.01.2019 and numbered 30652.
  • The Communiqué (No: 2019/1) on the Amendment to the Communiqué as to the Printed Form of Cheque Books, and the Determination of the Amount that Banks are Obliged to Pay to the Holder (No: 2010/2), was published in the Official Gazette dated 12.01.2019 and numbered 30653. The Communiqué shall enter into force on 01.2019.
  • The Communiqué on the Amendment to the Communiqué on the Licensing of the Liquified Petroleum Gas Market entered into force through publication in the Official Gazette dated 17.01.2019 and numbered 30658.
  • Law numbered 7161 on the Amendment to Tax Laws and Certain Laws and Statutory Laws was published in the Official Gazette dated 18.01.2019 and numbered 30659. Articles of this Law shall enter into force on different dates.
  • The Communiqué (No: 2019/2) on the Amendment to the Communiqué on Required Reserves (No: 2013/15) was published in the Official Gazette dated 19.01.2019 and numbered 30660. The Communique entered into force on its publication date and became effective as of 11.01.2019.

Competition Board Decisions

  • The Competition Board (“Board”) granted negative clearance within the framework of Article 8 of Law numbered 4054 to the application regarding the publication of “Certified Firm Success Performance Evaluation,” on the website of Eskişehir Şehir İçi Doğalgaz Dağıtım Ticaret ve Taahhüt A.Ş., with the exception of the “Firm General Success Performance.” (27.12.2018, 18-49/759-366)
  • The Competition Board granted negative clearance within the framework of Article 8 of Law numbered 4054 to the acquisition of the Japan Alumina Associates Pty Ltd.’s certain shares belonging to ITOCHU Minerals & Energy of Australia Pty Ltd. of Japan Alumina Associates Pty Ltd. by Press Metal Bintulu Sdn Bhd. Japan Alumina Associates Pty Ltd. is under the joint control of ITOCHU Minerals & Energy of Australia Pty Ltd., which is the subsidiary of Sojict Corporation and ITOCHU Corporation. (10.01.2019, 19-03/20-9)

Mergers and Acquisitions

  • The Competition Board (“Board”) authorized the acquisition of Vakıf Portföy Yönetimi A.Ş. and Halk Portföy Yönetimi A.Ş. by Ziraat Portföy Yönetimi A.Ş. (27.12.2018, 18-49/767-372)
  • The Board authorized the acquisition of certain steel assets sold by ArcelorMittal Holdings AG by Sanjeev Gupta through Liberty Steel East Europe Bidco Limited and Liberty House Group Pte. Ltd. (27.12.2018, 18-49/766-371)
  • The Board authorized the acquisition of certain assets of D.Med Consulting GmbH by Fresenius Medical Care Beteiligungsgesellschaft mbH, Bad Homburg v.d.H., Germany, which is wholly owned by Fresenius Medical Care AG & Co. KGaA, as its subsidiary, from KR² GmbH. (27.12.2018, 18-49/762-368)
  • The Board authorized the acquisition of the sole control of Kellogg Med Gıda Ticaret Ltd. Şti. by Kellogg Company through Kellogg Europe Treasury Services Limited. (27.12.2018, 18-49/761-367)
  • The Board authorized the acquisition of MPM Holdings Inc. by a consortium that is comprised of SJL Partners LLC, KCC Corporation, and Wonik QnC Corporation. (27.12.2018, 18-49/758-365)
  • The Board authorized the acquisition of the sole control of CEVA Logistics AG by CMA CGM S.A. (03.01.2019, 19-02/6-3)
  • The Board authorized the acquisition of certain shares of Avrasya Gaz A.Ş. owned by TAHSİNCİOĞLU Family members by Adnan ŞEN. (10.01.2019, 19-03/24-11)
  • The Board authorized the acquisition of the shares of Esterline Technologies Corporation by TransDigm Group Incorporated. (10.01.2019, 19-03/17-8)
  • The Board authorized the establishment of a fully functioning joint venture between Electronics Inc and Lufthansa Technik AG. (10.01.2019, 19-03/16-7)
  • The Board authorized the acquisition of GrazianoFairfield AG, which is the drive system segment of OC Oerlikon Corporation AG, Pfäffikon by Dana Incorporated, through Dana International Luxembourg S.a.r.l. (10.01.2019, 19-03/15-6)

Energy

  • The 2018 October Monthly Sector Reports were published on the official website of the Energy Market Regulatory Authority (“EMRA”) on 28.12.2018.

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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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