Recent Keynotes of June 2021

June 2021
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International Agreements

  • The Resolution of the President on the Ratification of the Free Trade Agreement Between the Republic of Turkey and the EFTA States and the Agreement on Agriculture between the Republic of Turkey and the Swiss Confederation dated 25.05.2021 and numbered 4020 entered into force through publication in the Official Gazette dated 25.05.2021 and numbered 31491 (bis).
  • The Resolution of the President on the Approval of the Agreement on the Reciprocal Incentive and Protection of the Investments between the Government of the Republic of Turkey and Georgia dated 31.05.2021 and numbered 4024 entered into force through publication in the Official Gazette dated 06.2021 and numbered 31498.

Resolutions of the President

  • The Resolution of the President on the Amendment to the Decree Regarding the Determination of the Value Added Tax Rates that will be Applied to Goods and Services dated 01.06.2021 and numbered 4062 entered into force through publication in the Official Gazette dated 02.06.2021 and numbered 31499.
  • The Resolution of the President on the Amendment to the Import Regime dated 04.06.2021 and numbered 4081 entered into force through publication in the Official Gazette dated 05.06.2021 and numbered 31502.
  • The Resolution of the President on the Amendment to the Import Regime dated 12.06.2021 and numbered 4087 entered into force through publication in the Official Gazette dated 13.06.2021 and numbered 31510.

Legislation

  • The Communiqué (Serial No: 18) on the Amendment to the General Communiqué (Serial No: 1) on Corporate Income Tax entered into force through publication in the Official Gazette dated 25.05.2021 and numbered 31491.
  • The Regulation on the Amendment to the Regulation on the Technical Evaluation of Solar Energy-Based Electricity Generation Applications entered into force through publication in the Official Gazette dated 26.05.2021 and numbered 31492.
  • The Regulation on the “CE” Sign (Decision No: 4021) entered into force through publication in the Official Gazette dated 27.05.2021 and numbered 31493.
  • The Regulation on Conformity Assessment Bodies and Accredited Bodies (Decision No: 4022) entered into force through publication in the Official Gazette dated 27.05.2021 and numbered 31493.
  • The Regulation on the Amendment to Implement the Regulation on Organized Industrial Zones entered into force through publication in the Official Gazette dated 27.05.2021 and numbered 31493.
  • The Regulation on Conformity Assessment Methods entered into force through publication in the Official Gazette dated 27.05.2021 and numbered 31493.
  • The Communiqué (III-55.1.ç) on the Amendment to the Communiqué on Principles Regarding Portfolio Management Companies and Activities of such Companies (III-55.1) entered into force through publication in the Official Gazette dated 27.05.2021 and numbered 31493.
  • The Regulation on the Amendment to the Regulation on the Procedures and Principles of General Assembly Meetings of Joint Stock Companies and the Ministry Representatives to Attend These Meetings entered into force through publication in the Official Gazette dated 29.05.2021 and dated 31495.
  • The Regulation on the Amendment to the Regulation on the Procedures and Principles regarding the Inspection and Evaluation of Counterfeit Banknotes entered into force through publication in the Official Gazette dated 30.05.2021 and dated 31496.
  • The Communiqué (Customs Transactions) (Serial No: 170) on the Amendment to the Customs General Communiqué (Customs Transactions) (Serial No: 104) entered into force through publication in the Official Gazette dated 01.06.2021 and numbered 31498.
  • The Communiqué (Export 2021/4) on the Amendment to the Communiqué on the Export of Goods that should be Registered (Communiqué No: Export 2006/7) entered into force through publication in the Official Gazette dated 01.06.2021 and numbered 31498.
  • The Communiqué (Temporary Import) (Serial No: 7) on the Amendment to the Customs General Communiqué (Temporary Import) Serial No: 4 entered into force through publication in the Official Gazette dated 02.06.2021 and numbered 31499.
  • The Regulation on the Inspection of Transport Services was published in the Official Gazette dated 03.06.2021 and numbered 31500. The Articles of this Regulation hereby enter into force on different dates.
  • The Communiqué (Customs Transactions) (Serial No: 170) on the Amendment to the Customs General Communiqué (Customs Transactions) (Serial No: 104) entered into force through publication in the Official Gazette dated 03.06.2021 and numbered 31500.
  • The Regulation on the Sharing of Confidential Information entered into force through publication in the Official Gazette dated 04.06.2021 and numbered 31501.
  • The Communiqué (Export 2021/5) on the Amendment to the Communiqué on the Export of Goods that must be Registered (Communiqué No: Export 2006/7) entered into force through publication in the Official Gazette dated 04.06.2021 and numbered 31501.
  • The Regulation on the Amendment to the Regulation on the Petroleum Market License entered into force through publication in the Official Gazette dated 08.06.2021 and numbered 31505.
  • The Regulation on the Amendment to the Regulation on the Procedures and Principles regarding the Inspections and Preliminary Research and Investigations in the Petroleum Market entered into force through publication in the Official Gazette dated 08.06.2021 and numbered 31505.
  • The Communiqué on the Amendment to the Communiqué on the Liquified Petroleum Gas (LPG) Market entered into force through publication in the Official Gazette dated 08.06.2021 and numbered 31505.
  • The Regulation on the Amendment to the Regulation on the Procedures and Principles regarding the Inspections and Preliminary Research and Investigations on the Liquified Petroleum Gas (LPG) Market entered into force through publication in the Official Gazette dated 08.06.2021 and numbered 31505.
  • The Regulation on the Amendment to the Regulation on the Calculation and Evaluation of Banks’ Capital Adequacy entered into force through publication in the Official Gazette dated 08.06.2021 and numbered 31505.
  • The Communiqué (Serial: A Sequence No: 13) on the Amendment to the General Communiqué on Collection Serial: A Sequence No: 1 entered into force through publication in the Official Gazette dated 08.06.2021 and numbered 31505.
  • Law numbered 7326 on the Amendment to Certain Laws with the Reconstruction of Certain Receivables entered into force through publication in the Official Gazette dated 09.06.2021 and numbered 31506.
  • The Regulation on Peripheral Control entered into force through publication in the Official Gazette dated 12.06.2021 and numbered 31509.
  • The Communiqué (Serial No: 403) on the Amendment to the General Communiqué on National Estate (Serial No: 324) entered into force through publication in the Official Gazette dated 12.06.2021 and numbered 31509.
  • The General Communiqué (Serial No: 1) on Law numbered 7326 on the Reconstruction of Certain Receivables entered into force through publication in the Official Gazette dated 14.06.2021 and numbered 31511.
  • Law numbered 7327 on the Amendment to Certain Laws with the Execution and Bankruptcy Law entered into force through publication in the Official Gazette dated 19.06.2021 and numbered 31516.
  • The Regulation on the Amendment to the Regulation on Facilitation of Customs Procedures entered into force through publication in the Official Gazette dated 19.06.2021 and numbered 31516.
  • The Regulation on the Amendment to the Customs Regulation entered into force through publication in the Official Gazette dated 19.06.2021 and numbered 31516.

Competition Board Decisions

  • The Competition Board (“Board”) granted individual exemption to the Framework Agreement on the Cooperation Model to be Applied in Health Insurances and the Kotpar Reinsurance Agreement and the Closed Coinsurance Agreement annexed, and their annexes between Bupa Acıbadem Sigorta A.Ş. and HDI Sigorta A.Ş. (03.06.2021, 21-29/368-184)
  • The Board granted individual exemption to the THY Frequent Flyer Program Miles&Smiles Credit Card Cooperation Agreement for a period of 5 (five) years, starting from the date of entry into force under Article 5 of Law No. 4054. (03.06.2021, 21-29/369-185)

Mergers and Acquisitions

  • The Board authorized the acquisition of the joint control of Surteco Group SE by PKG Schürfeld Gmbh and other existing joint fund members of Surteco Group SE. (27.05.2021, 21-27/358-177)
  • The Board authorized the acquisition of the sole control of Atılım Unlu Mamüller San. ve Tic. A.Ş. (27.05.2021, 21-27/357-176)
  • The Board authorized the acquisition of the sole control of Propak Ambalaj Üretim ve Pazarlama A.Ş. by ASAŞ Ambalaj Baskı Sanayii ve Ticareti A.Ş., which is a subsidiary of Constantia Flexibles International GmbH. (27.05.2021, 21-27/355-175)
  • The Board authorized the acquisition of the joint control of a new joint venture by Hitachi Zosen Corporation and Kawasaki Heavy Industries, Ltd. in a new joint venture. (27.05.2021, 21-27/352-170)
  • The Board authorized the acquisition of the joint control by Nordic Capital Fund X through the acquisition of a certain shares of LEO Pharma A/S and all its subsidiaries, which are under the sole control of the LEO Foundation through Cidron Spare 11 S.à r.l. (27.05.2021, 21-27/351-169)
  • The Board authorized the acquisition of all shares of Asena Patent Marka Fikri Telif Hakları Danışmanlığı ve Ticareti A.Ş. through share transfer and the acquisition of the trademark, movable and immovable assets, contracts, and employees of Tamek Gıda ve Konsantre Sanayi ve Ticaret A.Ş, through asset transfer by OYAK Gıda ve Tarım Holding A.Ş., one of the group companies of Ordu Aid Institution. (27.05.2021, 21-27/350-168)
  • The Board authorized the transaction of the merger of Total Produce plc ve Dole Food Company Inc. under Dole plc. (27.05.2021, 21-27/349-167)
  • The Board authorized the acquisition of the sole control of Hyperconnect, Inc. by Hyperconnect, Inc. (27.05.2021, 21-27/348-166)
  • The Board decided that the acquisition of Palm City Alışveriş Merkezi by Yenişehir Alışveriş Merkezi Sanayi ve Ticaret Limited Şirketi is not subject to authorization. (03.06.2021, 21-29/373-BD)
  • The Board authorized the acquisition of the sole control of Secna Natural Ingredients Group S.L. and its subsidiaries, by EQT Fund Management S.à r.l., through Holdingselskabet af 22. april 2021 ApS which is ultimately under control. (03.06.2021, 21-29/378-189)
  • The Board authorized the acquisition of the sole control of Magal Cavo Otomotiv Sanayi Ticaret ve Servis A.Ş., which is under the joint control of Magal Engineering Ltd. and Cavo Otomotiv Ticaret ve Sanayi A.Ş., by Cavo Otomotiv Ticaret ve Sanayi A.Ş. (03.06.2021, 21-29/372-187)
  • The Board authorized the acquisition of the joint control of the field of Special Components of Lonza Group AG by the funds managed by Bain Capital Investors L.L.C., and by the funds managed by Cinven Capital Management (VII) General Partner Limited. (03.06.2021, 21-29/366-183)
  • The Board authorized the acquisition of various unlicensed power generation plants through Ak Portföy Yönetimi A.Ş. - JEC Renewable Energy Private Venture Capital Investment Fund, by Japan Energy Capital 1 LP. (03.06.2021, 21-29/364-181)
  • The Board authorized the acquisition of the joint control of Orange Concessions SASU, which is under the sole control of Orange SA by Caisse des Dépôts et Consignations and Électricité de France SA. (03.06.2021, 21-29/363-180)
  • The Board authorized the acquisition of the sole control of AdColony Holding AS by Digital Turbine Media, Inc., which is a wholly owned subsidiary of Digital Turbine, Inc. (03.06.2021, 21-29/362-179)
  • The Board authorized the acquisition of the sole control of Atademir Gıda Sanayi ve Ticaret A.Ş. by Beyda Gıda Ürünleri Sanayi ve Ticaret A.Ş., through the acquisition of the shares owned by Yıldız Holding A.Ş., Bülend Örgen and Ayşe Örgen. (10.06.2021, 21-30/394-198)
  • The Board authorized the transfer of the sole control of D-Market Elektronik Hizmetler ve Ticaret AŞ, which is under the joint control of the Doğan Family and Turkcommerce B.V. to Hanzade Vasfiye DOĞAN BOYNER. (10.06.2021, 21-30/393-197)
  • The Board authorized the transaction of the merger of SYNNEX Corporation, Spire Sub I, Inc. that is a subsidiary of SYNNEX Corporation and Tiger Parent (AP) Corporation, which is under the control of Apollo Management, LP. (10.06.2021, 21-30/392-196)
  • The Board authorized the acquisition of the sole control of Bİ Strateji Yazılım Sanayi Ticaret A.Ş. by Komtaş Bilgi Yönetimi Danışmanlık ve Ticaret A.Ş. (10.06.2021, 21-30/391-195)
  • The Board authorized the acquisition of the joint control of Novalbufera Business, S.L. that is under the sole control of Igenomix S.L.U., by Universal Clinics S.L. (10.06.2021, 21-30/383-192)
  • The Board authorized the acquisition of the joint control of IGL Green Chemicals Private Limited that is under the sole control of India Glycols Limited by Clariant International AG, which is a wholly owned subsidiary of Clariant AG. (10.06.2021, 21-30/382-191)
  • The Board authorized the acquisition of KT ROA Pte. Ltd, by Kellogg Tolaram Noodles Singapore Pte. Ltd. and its main companies. (10.06.2021, 21-30/380-190)

Energy

  • The Energy Market Regulatory Authority (“EMRA”) Decision dated 27.05.2021 and numbered 10228 was published in the Official Gazette dated 29.05.2021 and numbered 31495.
  • The EMRA Decisions dated 27.05.2021 and numbered 10232-1, 10232-2 and 10232-3 were published in the Official Gazette dated 02.06.2021 and numbered 31499.
  • The EMRA Decision dated 03.06.2021 and numbered 10247 was published in the Official Gazette dated 04.06.2021 and numbered 31501.
  • The EMRA Decision dated 06.2021 and numbered 10267 was published in the Official Gazette dated 19.06.2021 and numbered 31216.

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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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