Recent Keynotes of May 2021

May 2021
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International Agreements

  • The Resolution of the President dated 21.04.2021 and numbered 3858 on the Approval of the Economic and Financial Cooperation Agreement between the Republic of Turkey and the Turkish Republic of Northern Cyprus was published in the Official Gazette dated 22.04.2021 and numbered 31462.
  • The Resolution of the President dated 21.04.2021 and numbered 3866 on the Approval of the United Nations Convention on International Settlement Agreements Resulting from Mediation was published in the Official Gazette dated 22.04.2021 and numbered 31462.

Resolutions of the President

  • The Resolution of the President dated 21.04.2021 and numbered 3867 on the Amendment of the Resolution on Implementation of Additional Import Customs Taxes entered into force through publication in the Official Gazette dated 22.04.2021 and numbered 31462.
  • The Resolution of the President dated 22.04.2021 and numbered 3910 on Extending the Application Period of Short-Term Allowance for Workplaces that Apply Short-Term Work due to Hardship Reasons Within the Scope of External Effects of the Novel Coronavirus (Covid-19) entered into force through publication in the Official Gazette dated 23.04.2021 and numbered 31463.
  • The Resolution of the President dated 29.04.2021 and numbered 3931 on the Amendment of the Resolution on the Determination of the Value Added Tax Ratios to be Applied to Goods and Services entered into force through publication in the Official Gazette dated 30.04.2021 and numbered 31470.
  • The Resolution of the President dated 06.05.2021 and numbered 3946 on the Amendment of the Resolution on the Practice of the Customs Union Formed Among Turkey and the European Community entered into force through publication in the Official Gazette dated 07.05.2021 and numbered 31477.
  • The Resolution of the President dated 19.05.2021 and numbered 3994 on Determination of Special Consumption Tax Ratio to be Applied to Certain Goods entered into force through publication in the Official Gazette dated 20.05.2021 and numbered 31486.

Legislation

  • Law Numbered 7316 Amending the Law on Collection Procedure of Public Receivables and Other Laws was published in the Official Gazette dated 22.04.2021 and numbered 31462. Articles of the Law enter into force on different dates.
  • The Regulation Amending the Electricity Import and Export Regulation entered into force through publication in the Official Gazette dated 24.04.2021 and numbered 31464.
  • The Regulation Amending the Petroleum Market License Regulation entered into force through publication in the Official Gazette dated 24.04.2021 and numbered 31464.
  • The Communiqué Amending the Communiqué on the Principles of Implementation of the Technology Oriented Industry Action Program entered into force through publication in the Official Gazette dated 27.04.2021 and numbered 31467.
  • Law Numbered 7318 Amending the Law on Tax Procedure Law and Other Laws was published in the Official Gazette dated 30.04.2021 and numbered 31470. Articles of the Law enter into force on different dates.
  • The General Communiqué of the Financial Crimes Investigation Board (Serial No: 19) was published in the Official Gazette dated 30.04.2021 and numbered 31470. The General Communiqué will enter into force on 01.05.2021.
  • The General Communiqué on Income Tax (Serial No: 314) was published in the Official Gazette dated 30.04.2021 and numbered 31470.
  • The Regulation Amending the Regulation on Measures Regarding Prevention of Laundering Proceeds of Crime and Financing of Terrorism entered into force through publication in the Official Gazette dated 01.05.2021 and numbered 31471.
  • The Communiqué on the Prevention of Unfair Competition numbered 2021/24 entered into force through publication in the Official Gazette dated 06.05.2021 and numbered 31476.
  • The Regulation Amending the Electricity Market License Regulation entered into force through publication in the Official Gazette dated 09.05.2021 and numbered 31479.
  • The Regulation Amending the Regulation on Unlicensed Electricity Generation in the Electricity Market entered into force through publication in the Official Gazette dated 09.05.2021 and numbered 31479.
  • The Regulation Amending the Regulation on the Documentation and Support of Renewable Energy Sources entered into force through publication in the Official Gazette dated 09.05.2021 and numbered 31479.
  • The Regulation Amending the Regulation on Electricity Facilities Project entered into force through publication in the Official Gazette dated 10.05.2021 and numbered 31480.
  • The Communiqué on the Prevention of Unfair Competition (No: 2021/23) entered into force through publication in the Official Gazette dated 12.05.2021 and numbered 31482.
  • The Communiqué on the Prevention of Unfair Competition (No:2021/25) entered into force through publication in the Official Gazette dated 12.05.2021 and numbered 31482.

Competition Board Decisions

  • The Board granted individual exemption to the Catering Services Agreement between Türk Hava Yolları A.O. and THY DO & CO İkram Hizmetleri A.Ş. about the supply of catering and goods services for domestic and international flights of Turkish Airlines in the İstanbul, İstanbul/Sabiha Gökçen, Adana, Ankara/Esenboğa, İzmir/Adnan Menderes, Bodrum/Milas, Antalya, Dalaman and Trabzon airports starting from the signing date 17.05.2019 for the term of the contract (15 years). (29.04.2021, 21-24/282-126)

Mergers and Acquisitions

  • The Board decided that the acquisition of the sole control of Döksan Basınçlı Döküm ve Makina Sanayi Ticaret Ltd. Şti., Dabco Hava ve Fren Sistemleri Sanayi ve Ticaret A.Ş., Dolpa Pazarlama ve Dış Ticaret Ltd. Şti. and Dolsan Dolgunlar Otomotiv Sanayii ve Ticaret A.Ş., which are under the control of the DOLGUN Family, by YK Yatırım Holding A.Ş. is not subject to authorization. (29.04.2021, 21-24/295-BD)
  • The Board authorized the acquisition of Signature Aviation plc by the consortium formed through the investment funds managed by affiliate companies of Blackstone Group Inc., Global Infrastructure Partners, and Cascade Investment L.L.C. (29.04.2021, 21-24/293-133)
  • The Board authorized the acquisition of the joint control of Aggreko PLC by the funds managed by I Squared Capital (US) Advisors, LLC, and by the funds managed by TDR Capital LLP. (29.04.2021, 21-24/290-132)
  • The Board authorized the acquisition of the sole control of FLIR Systems, Inc. by Teledyne Technologies Incorporated. (29.04.2021, 21-24/289-131)
  • The Board authorized the formation of a joint venture by KION GROUP AG and Jungheinrich AG for the purpose of acquiring the rolling mill assets of Hoesch Schwerter Profile GmbH. (29.04.2021, 21-24/286-129)
  • The Board authorized the indirect acquisition of the sole control of Savio Macchine Tessili S.p.A by Vandewiele NV. (29.04.2021, 21-24/285-128)
  • The Board authorized the acquisition of the sole control of Anadolu Flygt Pompa Pazarlama ve Ticaret A.Ş. by Xylem Industries S.à.r.l. (29.04.2021, 21-24/277-122)
  • The Board decided that the acquisition of sole control of Bankpozitif Kredi ve Kalkınma Bankası A.Ş by HR Bank Ltd. is not subject to authorization. (04.05.2021, 21-25/309-BD)
  • The Board authorized the formation of a fully-functioning joint venture by Magna International Inc. and LG Electronics Inc. (04.05.2021; 21-25/317-147)
  • The Board authorized the acquisition of the sole control of the shares of Kotkamills Group Oyj by Mayr-Melnhof Cartonboard International GmbH. (04.05.2021; 21-25/316-146)
  • The Board authorized the acquisition of the sole control of Nile Dutch Investments B.V. by Hapag-Lloyd Aktiengesellschaft. (04.05.2021; 21-25/314-145)
  • The Board authorized the acquisition of the sole control of hydraulic business line of Eaton Corporation plc by Danfoss A/S. (04.05.2021; 21-25/313-144)
  • The Board authorized the acquisition of the sole control of Groupe Ecore Holding SAS by Derichebourg Environnement controlled by Derichebourg SA. (04.05.2021; 21-25/311-143)
  • The Board authorized the acquisition of the sole control of Ceratizit S.A. by Plansee Holding AG. (04.05.2021; 21-25/308-141)
  • The Board authorized the acquisition of 34 stores of CarrefourSA Carrefour Sabancı Ticaret Merkezi A.Ş. located in Diyarbakır, Elazığ, Erzincan, Hatay, Malatya, Mardin, Şanlıurfa and Van cities by Migros Ticaret A.Ş. through the transfer of rights of tenancy. (04.05.2021; 21-25/307-140)
  • The Board authorized the acquisition of the sole control of Moonton Holdings Limited by Bytedance Ltd. (04.05.2021; 21-25/303-136)

Energy

  • The decisions of the Energy Market Regulatory Authority (“EMRA”) dated 22.04.2021 and numbered 10169-4, 10170 and 10171, were published in the Official Gazette dated 23.04.2021 and numbered 31463.
  • The Announcement on the Publication of Market Sector Reports of February 2021 was published on the official website of the EMRA on 29.04.2021.
  • The Activity Report of 2020 was published on the official website of the EMRA on 30.04.2021.
  • The decisions of the EMRA dated 29.04.2021 and numbered 10186 and 10189 were published in the Official Gazette dated 30.04.2021 and numbered 31470.
  • The decision of the EMRA dated 29.04.2021 and numbered 10183 was published in the Official Gazette dated 05.05.2021 and numbered 31475.
  • The decisions of the EMRA dated 29.04.2021 and numbered 10180-1 and 10180-2 were published in the Official Gazette dated 06.05.2021 and numbered 31476.
  • The decisions of the EMRA dated 06.05.2021 and numbered 10203 and 10206 were published in the Official Gazette dated 07.05.2021 and numbered 31477.
  • The decision of the EMRA dated 06.05.2021 and numbered 10197 was published in the Official Gazette dated 08.05.2021 and numbered 31478.

The decision of the EMRA dated 22.04.2021 and numbered 10163 was published in the Official Gazette dated 09.05.2021 and numbered 31479.

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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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Turkish Wealth Fund
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Turkish Wealth Fund
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