276 NEWSLETTER 2021 The Transfer of License in Electricity Market* Özge Kısacık Energy, which is indispensable for the information age, and needed by all consumers from homes to industry, is becoming increasingly important for us. The most important form of energy is electrical energy that we use mostly in houses and workplaces. Regarding the electrical energy, which may cause great chaos if not duly provided, the basic legislation is the Electricity Market Law No. 6446 (“EML”). The object of the EML is to ensure the establishment of a financially sound, stable and transparent electricity market operating in a competitive environment under, and subject to, private law provisions, as well as to ensure the independent regulation and supervision of this market for purposes of providing sufficient, good quality, uninterrupted, low cost and environment-friendly electricity to consumers. InArticle 4 of the EML, the activities that can be performed in the electricity market on the condition of obtaining a license are limited. The features that must be found in legal persons who can obtain a license, as well as the conditions that must be fulfilled by legal persons, are set forth in the Electricity Market Licensing Regulation (“Regulation”) in detail. As a rule, licenses obtained for these limited activities cannot be transferred. However, the cases that are not considered to be a transfer of license are regulated in the Regulation. This article will focus on the exceptions regarding the transfer of license in the electricity market. Electricity Market Licensing and Authorization Activities In Article 3 of the EML, “license” is defined as the permit granted to legal persons allowing them to operate within the market. Consid- * Article of March, 2021
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