Amendments to the Implementing Regulation on Organized Industrial Zones
The Regulation Amending the Implementing Regulation on Organized Industrial Zones (Amending Regulation) was published in the Official Gazette dated 06.11.2026 and numbered 33422, and entered into force on the same date. The Amending Regulation introduced significant amendments to the Implementing Regulation on Organized Industrial Zones (Regulation), published in the Official Gazette dated 02.02.2019 and numbered 30674, concerning preliminary allocation, plot allocation, leasing, and rights of superficies.
The key amendments introduced by the Amending Regulation are summarized below
Scope and Transfer of Preliminary Allocations
The period during which preliminary allocations may be made was redefined as the period until the completion of expropriation and infrastructure construction processes in areas of organized industrial zones (OIZs) that have acquired legal personality and whose site selection has been finalized. The absolute prohibition on the transfer of preliminary allocations was lifted, allowing such transfers subject to the conditions set out in Articles 61/3 and 61/4 of the Regulation. It was stipulated that preliminary allocations shall be canceled if company shares are transferred for the purpose of transferring preliminary allocations without obtaining permission from the Ministry of Industry and Technology (Ministry). Furthermore, the cancellation sanction applicable to changes exceeding 49% of a company's total shareholding interests without the Ministry's approval was revised to expressly cover both preliminary allocations and plot allocations. It was further provided that the terms governing the determination and payment of the amount to be refunded in the event of cancellation or return of a preliminary allocation shall be set out in the preliminary allocation agreement.
Allocation Priority for Adjacent Plots
It was stipulated that participants who have commenced production under a workplace opening and operating license on plots directly sharing a common boundary with a plot announced for allocation may be granted priority in the allocation process upon application. To grant such priority, a tender must be conducted even if drawing of lots has been designated as the allocation method, and the allocation must be made at the price determined through the tender. No priority shall be granted where more than one application meets the same conditions.
Extension of Time and Reallocation
It was stipulated that, where an OIZ cancels a plot allocation while an application for an extension of time under Article 60/3 of the Regulation is being evaluated by the Ministry, such cancellation shall be deemed invalid if the Ministry approves the extension request, provided that there are no legal or factual impediments. Furthermore, participants whose allocations have been cancelled due to the expiry of the periods specified in Articles 60/2 and 60/3 of the Regulation were granted the right to request reallocation before the allocation fee is refunded. Subject to the OIZ's approval and the Ministry's authorization, the plot may be reallocated to the same participant at the current price without issuing an allocation announcement. No extension of time under Article 60/3 of the Regulation shall be granted for reallocated plots.
Exception to Leasing Conditions
Where a participant and its tenant jointly submit an application for plot allocation and this arrangement is specified in the allocation agreement, the requirement that at least one year must have elapsed since the issuance of the title deed free from any annotation of a repurchase right shall not apply to the leasing of the premises.
Establishment of Rights of Superficies
Article 63/A, introduced into the Regulation, permits the establishment of rights of superficies that are neither independent nor permanent in nature over designated areas of plots owned by OIZs and subject to preliminary allocation or allocation, in favor of persons designated by the allocation right holder and approved by the OIZ board of directors. It was stipulated that such rights of superficies may not be transferred and their duration may not exceed the allocation period. It was further provided that the establishment of a right of superficies does not relieve the participant of its obligations arising from the applicable legislation and the allocation agreement and that the participant shall be jointly and severally liable for acts of the holder of the right of superficies that violate the Regulation. Furthermore, rights of superficies may also be established over industrial plots owned by participants, subject to the conditions prescribed under the Regulation and the approval of the OIZ board of directors. For industrial plots allocated fully or partially free of charge, a right of superficies may not be established before ownership is transferred to the participant.
Representation at General Assembly Meetings
Representatives of legal entity participants are required to submit a trade registry certificate demonstrating their unlimited representation authority to attend general assembly meetings. Furthermore, persons authorized to jointly represent a legal entity may attend general assembly meetings individually by submitting a letter of consent signed by the other jointly authorized representatives.
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