Recent Keynotes of April 2021

April 2021
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International Agreements

  • The Resolution of the President dated 19.03.2021 and numbered 3712 on the Approval of the Agreement on Cooperation in the Energy Field between the Government of the Republic of Turkey and the Government of the Republic of Northern Cyprus, was published in the Official Gazette dated 20.03.2021 and numbered 31429.
  • The Resolution of the President dated 05.04.2021 and numbered 3767 on the Approval of the Defense Industry Cooperation Agreement between the Government of the Republic of Turkey and the Government of the Republic of Azerbaijan, was published in the Official Gazette dated 06.04.2021 and numbered 31446.
  • The Resolution of the President dated 14.04.2021 and numbered 3827 on the Approval of the Annexed Decision No: 2/2021 of the Turkey-UK Joint Committee Amending the Protocol on Rules of Origin and Origin Procedures to the Free Trade Agreement between the Republic of Turkey and the United Kingdom of Great Britain and Northern Ireland, was published in the Official Gazette bis 1 dated 14.04.2021 and numbered 31454.

Resolutions of the President

  • The Resolution of the President dated 19.03.2021 and numbered 3718 on the Withdrawal from the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, was published in the Official Gazette dated 20.03.2021 and numbered 31429.
  • The Resolution of the President dated 31.03.2021 and numbered 3755 on Promulgation of the Attached Decision on Stoppage Rates in Provisional Article 67 of Income Tax Law No. 193, was published in the Official Gazette dated 01.04.2021 and numbered 31441. Various provisions of this Resolution enter into force on different dates.
  • The Resolution of the President dated 19.04.2021 and numbered 3838 on the Amendment to the Application of Additional Import Custom Taxes entered into force through publication in the Official Gazette dated 20.04.2021 and numbered 31460.
  • The Resolution of the President dated 19.04.2021 and numbered 3839 on the Tariff Quota Application of Import of Certain Goods Originating in the United Kingdom of Great Britain and Northern Ireland entered into force through publication in the Official Gazette dated 20.04.2021 and numbered 31460.

Legislation

  • Law numbered 7287 on the Amendment to Certain Laws entered into force through publication in the Official Gazette dated 20.03.2021 and numbered 31429.
  • The Law on the Approval of the Ratification of the Agreement on Trade and Economic Cooperation between the Government of the Republic of Turkey and the Government of Hashemite Kingdom of Jordan entered into force through publication in the Official Gazette dated 20.03.2021 and numbered 31429.
  • The Tax Procedure Law General Communiqué (Serial No:527) entered into force through publication in the Official Gazette dated 24.03.2021 and numbered 31433.
  • The Regulation on the Amendment to the Regulation on Private Hospitals entered into force through publication in the Official Gazette dated 25.03.2021 and numbered 31434.
  • The Regulation on the Amendment to the Regulation on Implementation of Foreign Direct Investment Law entered into force through publication in the Official Gazette dated 27.03.2021 and numbered 31436.
  • The Regulation on the Amendment to the Regulation on Calculation and Evaluation of Interest Rate Risk Arising from Banking Accounts Using Standard Shock Method entered into force through publication in the Official Gazette dated 27.03.2021 and numbered 31436.
  • The Regulation on Remote Identification Methods to be Used by Banks and Establishment of Contractual Relations in Electronic Environments, was published in the Official Gazette dated 01.04.2021 and numbered 31441. This Regulation enters into force on 01.05.2021.
  • The Regulation on the Amendment to the Regulation on Natural Gas Market Licensing entered into force through publication in the Official Gazette dated 01.04.2021 and numbered 31441.
  • The Regulation on the Amendment to the Regulation on Electricity Market Peripheral Services entered into force through publication in the Official Gazette dated 01.04.2021 and numbered 31441.
  • The Regulation on the Amendment to the Contest Regulation on Pre-License Applications to Establish a Wind or Solar Energy Based Production Facility entered into force through publication in the Official Gazette dated 01.04.2021 and numbered 31441.
  • The Communiqué on Notification and Registration of Bearer Share Certificates to the Central Registry Agency entered into force through publication in the Official Gazette dated 06.04.2021 and numbered 31446.
  • The Regulation on the Amendment to the Regulation on Conciliation Before Assessment entered into force through publication in the Official Gazette dated 07.04.2021 and numbered 31447.
  • The Regulation on Tax Inspection Board Advisory Commission entered into force through publication in the Official Gazette dated 07.04.2021 and numbered 31447.
  • The Regulation on the Amendment to the Regulation on Tax Inspection Board Performance Evaluation System entered into force through publication in the Official Gazette dated 07.04.2021 and numbered 31447.
  • The Regulation on Tax Inspection Board entered into force through publication in the Official Gazette dated 07.04.2021 and numbered 31447.
  • The Regulation on the Amendment to the Regulation on Procedures and Principles to be Applied in Tax Inspections entered into force through publication in the Official Gazette dated 07.04.2021 and numbered 31447.
  • The Regulation on the Amendment to the Regulation on Travel Agents entered into force through publication in the Official Gazette dated 07.04.2021 and numbered 31447.
  • The Regulation on the Amendment to the Implementing Regulation on Organized Industrial Sites entered into force through publication in the Official Gazette dated 07.04.2021 and numbered 31447.
  • The Regulation on Establishment and Operation Principles of Savings Finance Companies was published in the Official Gazette dated 07.04.2021 and numbered 31447. Various provisions of this Regulation enter into force on different dates.
  • The Communiqué on the Amendment to the Implementing Communiqué on Marine Tourism Regulation entered into force through publication in the Official Gazette dated 07.04.2021 and numbered 31447.
  • The Communiqué (Export: 2021/21) on Electronic Application System for Import Transactions entered into force through publication in the Official Gazette dated 07.04.2021 and numbered 31447.
  • The Regulation (Decision No: 3792) on the Amendment to the Regulation on Marine Tourism entered into force through publication in the Official Gazette dated 08.04.2021 and numbered 31448.
  • The Regulation (Decision No: 3794) on the Amendment to the Regulation on the Establishment and Operation of Electrical Energy Production Facilities and Regulation of Energy Sales through the Build-Operate Model entered into force through publication in the Official Gazette dated 08.04.2021 and numbered 31448.
  • The Regulation on the Amendment to Electrical Facilities Project Regulation entered into force through publication in the Official Gazette dated 09.04.2021 and numbered 31449.
  • The Regulation on the Amendment to Electricity Generation and Electricity Storage Facilities Admission Regulation entered into force through publication in the Official Gazette dated 09.04.2021 and numbered 31449.
  • The Regulation on the Amendment to the Implementing Regulation on Group I (A) Mines of the Mining Law entered into force through publication in the Official Gazette dated 09.04.2021 and numbered 31449.
  • The Regulation on the Amendment to the Regulation on Mining Sites Tender entered into force through publication in the Official Gazette dated 09.04.2021 and numbered 31449.
  • The Regulation on the Amendment to the Project and Acceptance Regulation on Nuclear Power Plants entered into force through publication in the Official Gazette dated 09.04.2021 and numbered 31449.
  • The Regulation on the Amendment to the Implementing Regulation on Turkish Petroleum Law entered into force through publication in the Official Gazette dated 09.04.2021 and numbered 31449.
  • The Regulation on the Amendment to the Regulation on Renewable Energy Resource Areas entered into force through publication in the Official Gazette dated 09.04.2021 and numbered 31449.
  • The Regulation on the Amendment to the Regulation on Supporting Domestic Parts Used in Facilities Generating Electrical Energy from Renewable Energy Sources entered into force through publication in the Official Gazette dated 09.04.2021 and numbered 31449.
  • The Regulation on the Amendment Authorized Legal Entities Regulation entered into force through publication in the Official Gazette dated 09.04.2021 and numbered 31449.
  • The Regulation on the Amendment to the Reconciliation Regulation on Administrative Fines Applied Within the Scope of Law No. 6502 on the Protection of Consumers entered into force through publication in the Official Gazette dated 10.04.2021 and numbered 31450.
  • The Regulation on the Amendment to the Regulation on Off-Premises Contracts entered into force through publication in the Official Gazette dated 10.04.2021 and numbered 31450.
  • The Regulation on the Amendment to the Regulation on Stock Exchange Transactions entered into force through publication in the Official Gazette dated 10.04.2021 and numbered 31450.
  • The Regulation on the Amendment to the Regulation on Chamber Transactions entered into force through publication in the Official Gazette dated 10.04.2021 and numbered 31450.
  • The Regulation on Jewelry Trade entered into force through publication in the Official Gazette dated 14.04.2021 and numbered 31454.
  • The Regulation on Electrically Powered Scooter entered into force through publication in the Official Gazette dated 14.04.2021 and numbered 31454.
  • The Communiqué on the Implementation of Energy Performance Contracts in Public entered into force through publication in the Official Gazette dated 15.04.2021 and numbered 31455.
  • The Communiqué (Pre-arrival Customs Transactions) (No: 2) on the Amendment to the Customs General Communiqué (Pre-arrival Customs Transactions) (No: 1) was published in the Official Gazette dated 15.04.2021 and numbered 31455. This Communiqué enters into force on 15.05.2021.
  • The Regulation on Non-Use of Crypto Assets in Payments was published in the Official Gazette dated 16.04.2021 and numbered 31456. This Regulation entered into force on 30.04.2021.
  • Law No: 7315 on Security Investigation and Archive Search entered into force through publication in the Official Gazette dated 17.04.2021 and numbered 31457.
  • The Regulation (Resolution No: 3835) on the Amendment to the Regulation on Workplace Opening and Operation Licenses entered into force through publication in the Official Gazette dated 17.04.2021 and numbered 31457.
  • The Regulation on the Amendment to the Regulation on Internet Domain Names entered into force through publication in the Official Gazette dated 20.04.2021 and numbered 31460.

Competition Board Decisions

  • The Competition Board (“Board”) granted conditional individual exemption to the "Sales, Distribution and Promotion Agreement" signed between Novartis Sağlık, Gıda ve Tarım Ürünleri San. ve Tic. A.Ş. and EİP Eczacıbaşı İlaç Paz. A.Ş. (01.04.2021, 21-18/216-89)

Mergers and Acquisitions

  • The Board authorized the acquisition of the shares of AND Anadolu Gayrimenkul Yatırımları A.Ş. by Quick Sigorta A.Ş. and Corpus Sigorta A.Ş. (25.03.2021, 21-17/202-85)
  • The Board authorized the acquisition of the joint control of Whirlpool (China) Co., Ltd. by Guangdong Galanz Household Appliances Manufacturing Co., Ltd. (25.03.2021, 21-17/201-84)
  • The Board authorized the acquisition of the sole control of certain business lines of Walgreens Boots Alliance, Inc., including the Pharmaceutical Wholesale business lines in Turkey and in other jurisdictions by AmerisourceBergen Corporation. (25.03.2021, 21-17/200-83)
  • The Board authorized the acquisition of the sole control of subsidiary companies of Kinesis Enerji Yatırımları A.Ş. by Margün Enerji Üretim Sanayi ve Ticaret A.Ş., which is under the control of Naturel Yenilenebilir Enerji Ticaret A.Ş. (25.03.2021, 21-17/199-82)
  • The Board authorized the acquisition of the sole control of Doğan ve Egmont Yayıncılık ve Yapımcılık Ticaret A.Ş., which is under the joint control of Doğan Şirketler Grubu Holding A.Ş. and Egmont International Holding A/S, by Doğan Şirketler Grubu Holding A.Ş. (25.03.2021, 21-17/198-81)
  • The Board decided that the acquisition of the sole control of a certain part of the hair care and personal care business line of Shiseido Company Limited through funds controlled by a subsidiary of CVC Capital Partners SICAV-FIS S.A. is not subject to authorization. (01.04.2021, 21-18/226-BD)
  • The Board authorized the acquisition of the sole control of Olmuksan International Paper Ambalaj Sanayi ve Ticaret A.Ş. by Mondi Plc. (01.04.2021, 21-18/224-95)
  • The Board authorized the acquisition of the sole control of Doosan Infracore Co., and its certain subsidiaries ultimately by Hyundai Heavy Industries Holdings Co., Ltd. (01.04.2021, 21-18/221-93)
  • The Board authorized the acquisition of the sole control of Alexion Pharmaceuticals, Inc. by AstraZeneca PLC. (01.04.2021, 21-18/219-92)
  • The Board authorized the acquisition of the sole control of Indukern S.A. and its subsidiaries via Ravago Chemicals S.A., which is under the sole control of Ravago S.A. (01.04.2021, 21-18/218-91)
  • The Board authorized the acquisition of certain shares of Yapı Kredi Koray Gayrimenkul Yatırım Ortaklığı A.Ş. by Koray Gayrimenkul ve Yatırım A.Ş. (01.04.2021, 21-18/217-90)
  • The Board authorized the acquisition of certain shares of SBS Bilimsel Bio Çözümler Sanayi ve Ticaret A.Ş., which is currently under the sole control of Diffusion Capital Fund Cooperatief UA by Ak Portföy Yönetimi A.Ş. First Venture Capital Investment Fund and Ak Portföy Yönetimi A.Ş Second Venture Capital Investment Fund, which are represented by Ak Portföy Yönetimi A.Ş. (01.04.2021, 21-18/215-88)
  • The Board authorized the acquisition of the sole control of Farhym Otomotiv Sanayi ve Ticaret Ltd. Şti. by Makel Yalıtım ve Üretim Teknolojileri Sanayi ve Ticaret A.Ş. (08.04.2021, 21-20/242-103)
  • The Board authorized the acquisition of the joint control of Dgpays S.à.r.l. and, indirectly, DGPays Bilişim Hizmetleri A.Ş and its subsidiaries by Goldman Sachs Group Inc. via ELQ Lux Holding S.à.r.l. (08.04.2021, 21-20/240-102)
  • The Board authorized the acquisition of Bioclinica Holding I LP by eResearchTechnology, Inc. (08.04.2021, 21-20/238-101)
  • The Board authorized the acquisition of the sole control of Polat Enerji Sanayi ve Ticaret A.Ş. by Adnan Polat Enerji Yatırımı A.Ş. (08.04.2021, 21-20/235-99)
  • The Board authorized the acquisition of the sole control of Birkenstock Group by L Catterton Management Limited. (08.04.2021, 21-20/234-98)
  • The Board authorized the acquisition of the sole control of Ingram Micro Inc by Platinum Equity Group. (08.04.2021, 21-20/233-97)
  • The Board authorized the acquisition of the joint control of RR Turizm Yatırımları Anonim Şirketi by Ankey S.A. (15.04.2021, 21-22/262-115)
  • The Board authorized the acquisition of the sole control of AA Eğitim Kurumları A.Ş. by Bahçeşehir Okulları A.Ş. (15.04.2021, 21-22/261-114)
  • The Board authorized the acquisition of the sole control of the Process and Motion Control business of Rexnord Corporation, through acquisition by Regal Beloit Corporation. (15.04.2021, 21-22/260-113)
  • The Board authorized the acquisition of the sole control of the rolled flat aluminum products business line of Norsk Hydro ASA via its newly established subsidiaries, Speira Bidco I GmbH and Speira Bidco ll AS, controlled by KPS Special Situations Fund V, one of the funds managed by KPS Capital Partners, LP. (15.04.2021, 21-22/259-112)
  • The Board authorized the acquisition of the sole control of Aksigorta A.Ş., which is under the joint control of Hacı Ömer Sabancı Holding A.Ş. and Ageas Insurance International NV by Hacı Ömer Sabancı. (15.04.2021, 21-22/258-111)
  • The Board authorized the acquisition of the sole control of Designated Holdings Ltd. by Growth Capital IV (G.P.) Company Ltd. via Tene IV Limited Partnership. (15.04.2021, 21-22/257-110)
  • The Board authorized the acquisition of certain shares of Aviva International Holdings Limited in Avivasa Emeklilik ve Hayat A.Ş. by Ageas Insurance International NV, and the sole control of Avivasa Emeklilik ve Hayat A.Ş. by Hacı Ömer Sabancı Holding A.Ş. (15.04.2021, 21-22/255-109)
  • The Board authorized the acquisition of the sole control of the Cordis business line of Cardinal Health, Inc., by funds that are controlled by Hellman & Friedman LLC. (15.04.2021, 21-22/254-108)
  • The Board authorized the acquisition of brands and sub-brands under Sanset Gıda Turizm San ve Tic. A.Ş., such as Tadelle, Sarelle, Gol, Sagra, Sagra Special, Gofy, the stocks of the aforementioned brands, and the blue-collar and white-collar employees, operating for the brands and Sanset Gıda Turizm San ve Tic. A.Ş.’s factory in Ordu province, which carries out production under the aforementioned brands by OYAK Gıda ve Tarım Holding A.Ş. (15.04.2021, 21-22/252-107)

Energy

  • The Energy Market Regulatory Authority (“EMRA”) Decisions dated 18.03.2021 and numbered 10086-1, 10086-2, 10086-3, 10087 and 10088 were published in the Official Gazette dated 20.03.2021 numbered 31429.
  • The EMRA Decisions dated 25.03.2021 and numbered 10102, 10104-1, 10104-2, 10104-3, 10104-4, 10114 and 10115 were published in the Official Gazette dated 26.03.2021 numbered 31435.
  • The Sectoral Reports for January, 2021 were published on the official website of EMRA on 30.03.2021
  • The EMRA Decisions dated 01.04.2021 and numbered 10122-1, 10122-2 and 10122-3 were published in the Official Gazette dated 03.04.2021 numbered 31443.
  • The EMRA Decision dated 08.04.2021 and numbered 10132 was published in the Official Gazette dated 10.04.2021 numbered 31450.
  • The EMRA Decisions dated 15.04.2021 and numbered 10146, 10147, 10148, 10149, 10152 and 10153 were published in the Official Gazette dated 16.04.2021 numbered 31456.
  • The EMRA Decision dated 15.04.2021 and numbered 10142 was published in the Official Gazette dated 17.04.2021 numbered 31457.

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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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