Recent Keynotes of May 2024

31.05.2024 Elvan Galatalı
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International Agreements

  • The Resolution of the President dated 26.04.2024 and numbered 8407 on the Approval of the Annexed Financing Agreement for the NEXT Mediterranean Basin (NEXT MED) Cooperation Program (Interreg VI-B) signed on behalf of the Republic of Türkiye in Ankara on 13 October 2023 was published in the Official Gazette dated 27.04.2024 and numbered 32529.
  • The Resolution of the President dated 13.05.2024 and numbered 8448 on the Ratification of the Trade and Economic Partnership Agreement between the Government of the Republic of Türkiye and the Government of the State of Qatar and the Notes Amending the Agreement was published in the Official Gazette dated 13.05.2024 and bis numbered 32545.
  • The Resolution of the President dated 13.05.2024 and numbered 8449 on the Approval of the Resolution of the EU-Joint Committee of Common Transit Countries dated 25/8/2022 and numbered 1/2022 Amending Annexes I, IIIa and IV of the “Convention on the Common Transit Regime” dated 20/5/1987 was published in the Official Gazette dated 13.05.2024 and bis numbered 32545.

Resolutions of the President

  • The Resolution of the President dated 26.04.2024 and numbered 8410 on the Amendment to the Articles of Association of the Central Bank of the Republic of Türkiye was published in the Official Gazette dated 27.04.2024 and numbered 32529.
  • The Resolution of the President dated 30.04.2024 and numbered 8434 on the Withholding Rates in the Provisional Article 67 of the Income Tax Law No. 193 was published in the Official Gazette dated 01.05.2024 and numbered 32533. The articles of this Resolution enter into force on different dates.
  • The Resolution of the President dated 10.05.2024 and numbered 8439 on the Amendment to the List No. (1) Annexed to the Resoltion of the Council of Ministers dated 30/9/2013 and numbered 2013/5428 on the Freezing of Assets Held at the Disposition of Persons, Institutions or Organizations Listed by the United Nations Security Council Resolutions No. 1267 (1999), 1988 (2011), 1989 (2011) and 2253 (2015) entered into force through publication in the Official Gazette dated 11.05.2024 and numbered 32543.

Legislation

  • The Communiqué on the Fee Schedule to be Applied by the Turkish Patent and Trademark Office in 2024 (BIK/TÜRKPATENT: 2024/1) entered into force through publication in the Official Gazette dated 24.04.2024 and numbered 32526.
  • Law No. 7500 on the Amendment of the Tourist Guidance Profession Law and the Law on Travel Agencies and the Association of Travel Agencies entered into force through publication in the Official Gazette dated 27.04.2024 and numbered 32529.
  • The Communiqué on the Amendment to the Value Added Tax General Implementation Communiqué (Serial No: 51) entered into force through publication in the Official Gazette dated 27.04.2024 and numbered 32529.
  • The Regulation on the Amendment to the Turkish Food Codex Regulation on the Classification and Maximum Residue Limits of Pharmacologically Active Pharmaceutical Ingredients in Animal Foods entered into force through publication in the Official Gazette dated 27.04.2024 and numbered 32529.
  • The Regulation on the Procedures and Principles Regarding the Collection of Collateral from Those Engaged in the Production and/or Trade of Tobacco, Tobacco Products, Macarons, Leaf Cigarette Paper, Cigarette Filters, Alcohol and Alcoholic Beverages entered into force through publication in the Official Gazette dated 30.04.2024 and numbered 32532.
  • The Regulation Amending the Regulation on the Maximum Price Tariffs of Goods and Services Produced by Merchants and Industrialists entered into force through publication in the Official Gazette dated 30.04.2024 and numbered 32532.
  • The Regulation Amending the Regulation on Investor Compensation Center entered into force through publication in the Official Gazette dated 30.04.2024 and numbered 32532.
  • The General Communiqué on Tax Procedure Law (Sequence No: 560) entered into force through publication in the Official Gazette dated 30.04.2024 and numbered 32532.
  • The Communiqué on Implementation Principles Regarding the Utilization of Interest/Dividend Supported Investment and Business Loans/Financing for Agricultural Production (No: 2024/15) was published in the Official Gazette dated 01.05.2024 and numbered 32533. The articles of this Communiqué enter into force on different dates.
  • Customs General Communiqué (Tariff-Classification Decisions) (Serial No: 40) entered into force through publication in the Official Gazette dated 02.05.2024 and numbered 32534.
  • The Communiqué Amending the Social Security Institution Health Implementation Communiqué was published in the Official Gazette dated 04.05.2024 and numbered 32536. The articles of this Communiqué enter into force on different dates.
  • The Resolution of the Health Services Pricing Commission was published in the Official Gazette dated 04.05.2024 and numbered 32536. The articles of this Resolution enter into force on different dates.
  • The Communiqué (No: 2023/33) Amending the Turkish Food Codex Communiqué on Plastic Materials and Articles in Contact with Food (Communiqué No: 2019/44) entered into force through publication in the Official Gazette dated 06.05.2024 and numbered 32538.
  • The Regulation on Entrance Examination for Legal Professions and Administrative Judiciary Preliminary Examination entered into force through publication in the Official Gazette dated 08.05.2024 and numbered 32540.
  • The Regulation Amending the Regulation on Quality of Service in the Electronic Communication Sector entered into force through publication in the Official Gazette dated 08.05.2024 and numbered 32540.
  • The Regulation Amending the Regulation on the Placement of Advertisements on Commercial Vehicles entered into force through publication in the Official Gazette dated 09.05.2024 and numbered 32541.
  • The Regulation Amending the Electrical Facilities Project Regulation entered into force through publication in the Official Gazette dated 09.05.2024 and numbered 32541.
  • The Communiqué on the Repeal of the Communiqué on Securities Registration (No: 2024/11) entered into force through publication in the Official Gazette dated 09.05.2024 and numbered 32541.
  • The Communiqué (No: 2024/12) Amending the Communiqué on Reserve Requirements (No: 2013/15) was published in the Official Gazette dated 09.05.2024 and numbered 32541. This Communiqué entered into force on the date of its publication, effective from 29.03.2024.
  • Law No. 7501 Law Amending the Mining Law and Certain Laws was published in the Official Gazette dated 11.05.2024 and numbered 32543. The articles of this Law enter into force on different dates.
  • The Regulation Amending the Regulation on the Qualifications of Tourism Facilities (Decree No: 8447) entered into force through publication in the Official Gazette dated 11.05.2024 and numbered 32543.
  • The Regulation Amending the Regulation on Real Estate entered into force through publication in the Official Gazette dated 14.05.2024 and numbered 32546.
  • The Regulation Amending the Regulation on Unlicensed Electricity Generation in the Electricity Market entered into force through publication in the Official Gazette dated 14.05.2024 and numbered 32546.
  • The Communiqué on Prevention of Unfair Competition in Imports (No: 2024/18) entered into force through publication in the Official Gazette dated 14.05.2024 and numbered 32546.
  • Communiqué (Product Safety and Inspection: 2024/36) on the Amendment to the Communiqué on Commercial Quality Inspection in the Export and Import of Certain Agricultural Products (Product Safety and Inspection: 2024/21) entered into force through publication in the Official Gazette dated 15.05.2024 and numbered 32547.
  • The Communiqué on Prevention of Unfair Competition in Imports (No: 2024/17) entered into force through publication in the Official Gazette dated 15.05.2024 and numbered 32547.
  • The General Communiqué on Law No. 7440 on the Restructuring of Certain Receivables (Serial No: 6) entered into force through publication in the Official Gazette dated 16.05.2024 and numbered 32548.
  • The Regulation Amending the Implementing Regulation on Consultancy Service Procurement Tenders was published in the Official Gazette dated 18.05.2024 and numbered 32550. The articles of this Regulation enter into force on different dates.
  • The Regulation Amending the Regulation on Consultancy Service Procurement Inspection and Acceptance was published in the Official Gazette dated 18.05.2024 and numbered 32550. This Regulation enters into force on 15.01.2025.
  • The Regulation Amending the Electronic Tender Implementation Regulation was published in the Official Gazette dated 18.05.2024 and numbered 32550. This Regulation enters into force on 15.06.2024.
  • The Regulation Amending the Implementing Regulation on Service Procurement Tenders was published in the Official Gazette dated 18.05.2024 and numbered 32550. The articles of this Regulation enter into force on different dates.
  • The Regulation Amending the Regulation on Inspection and Acceptance of Service Procurement was published in the Official Gazette dated 18.05.2024 and numbered 32550. This Regulation enters into force on 15.01.2025.
  • The Regulation Amending the Regulation on Applications for Tenders was published in the Official Gazette dated 18.05.2024 and numbered 32550. This Regulation enters into force on 15.01.2025.
  • The Implementing Regulation on Electronic Public Procurement was published in the Official Gazette dated 18.05.2024 and numbered 32550. This Regulation enters into force on 15.01.2025.
  • The Regulation Amending the Implementing Regulation on Procurement of Goods Tenders was published in the Official Gazette dated 18.05.2024 and numbered 32550. The articles of this Regulation enter into force on different dates.
  • The Regulation Amending the Implementing Regulation on Construction Tenders was published in the Official Gazette dated 18.05.2024 and numbered 32550. The articles of this Regulation enter into force on different dates.
  • The Communiqué Amending the Communiqué on Applications for Tenders was published in the Official Gazette dated 18.05.2024 and numbered 32550. This Communiqué enters into force on 15.01.2025.
  • The Communiqué Amending the General Communiqué on Public Procurement was published in the Official Gazette dated 18.05.2024 and numbered 32550. The articles of this Communiqué enter into force on different dates.

Competition Board Decisions

  • The Competition Board (“Board”) granted individual exemption to the Package E Broadcasting Rights Agreement signed between the Turkish Football Federation and Krea İçerik Hizmetleri ve Prodüksiyon AŞ due to the fulfillment of the conditions set out in Article 5 of Law No. 4054. (24.04.2024, 24-20/449-188)
  • The Board decided to issue a negative clearance certificate pursuant to Article 8 of Law No. 4054 for the short-term car rental sector market research to be conducted pursuant to the agreement signed between Tüm Oto Kiralama Kuruluşları Derneği and Nielsen Araştırma Hizmetleri Ltd. Şti. (03.05.2024, 24-21/481-204)

Mergers and Acquisitions

  • The Board authorized the acquisition of the sole control of Sincanlı Oto ve Traktör Gereçleri Tic. ve San. AŞ by TVH Parts NV, which is ultimately managed by TVH Global NV. (24.04.2024, 24-20/459-193)
  • The Board authorized the establishment of joint control over ZSR Patlayıcı Sanayi Anonim Şirketi by transferring certain shares of ZSR Patlayıcı Sanayi Anonim Şirketi, which is currently under the joint control of Zirve Holding Anonim Şirketi and Senta Madencilik Sanayi ve Ticaret Anonim Şirketi, to Topalipo a.s. (24.04.2024, 24-20/458-192)
  • The Board has authorized the sale of the real estate and the movable assets on the relevant real estate (real estate, machinery and equipment of the crude oil and refined oil factory) which was put up for sale through forced execution in the file numbered 2023/587 Instruction of the Directorate of Execution and belonging to Oruçoğlu Yağ San. ve Tic. AŞ (the real estate, machinery and equipment of the crude oil and refined oil factory) by Tarım Kredi Yağ San. ve Tic. AŞ through a tender (24.04.2024, 24-20/451-190)
  • The Board authorized the acquisition of all shares of Kargaz Kars Ardahan Doğal Gaz Dağıtım Pazarlama Taahhüt Sanayi ve Ticaret AŞ and Serhat Doğalgaz Dağıtım Sanayi ve Ticaret AŞ by Bahattin DEMİRCAN and Orhan BABAOĞLU. (24.04.2024, 24-20/450-189)
  • The Board authorized the acquisition of the sole control of Integrated Media Company, LLC by The Public Investment Fund (24.04.2024, 24-20/445-186)
  • The Board authorized the acquisition of the data protection services business line of Veritas Holdings Ltd., a wholly-owned subsidiary of Carlyle Group, by Cohesity lnc. (24.04.2024, 24-20/445-186)
  • The Board authorized the acquisition of sole control of CFM Soğutma ve Otomasyon Sanayi Ticaret AŞ by Carel Industries S.p.A. through the acquisition of a certain percentage of shares owned by the other party of the joint venture. (03.05.2024, 24-21/490-209)
  • The Board authorized the acquisition of the joint control of Mage Oyun Teknolojileri AŞ, controlled by Murat BAYSAL, by Murat BAYSAL and Gacha Capital Limited. (03.05.2024, 24-21/485-206)
  • The Board authorized the acquisition of sole control of Catalent, Inc. by Novo Holdings A/S. (03.05.2024, 24-21/477-202)
  • The Board authorized the acquisition of sole control of Saras S.p.A. by Vitol Holding B.V. (03.05.2024, 24-21/475-201)
  • The Board authorized the acquisition of joint control of Terra-Gen Power Holdings II LLC by Abu Dhabi Future Energy Company PJSC (03.05.2024, 24-21/472-200)

Energy

  • The decisions of the Energy Market Regulatory Authority (EMRA) dated 25.04.2024 and numbered 12583, 12584, 12586, 12592 and 12593 were published in the Official Gazette dated 28.04.2024 and numbered 32530.
  • The decisions of EMRA dated 02.05.2024 and numbered 12599, 12600 and 12601 were published in the Official Gazette dated 04.05.2024 and numbered 32536.
  • The decision of EMRA dated 02.05.2024 and numbered 12608 was published in the Official Gazette dated 07.05.2024 and numbered 32539.
  • The decisions of EMRA dated 09.05.2024 and numbered 12619, 12620 and 12621 were published in the Official Gazette dated 10.05.2024 and numbered 32542.

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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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