Recent Keynotes of January 2018

January 2018
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International Agreements

  • The Resolution of the Council of Ministers dated 22.11.2017 and numbered 2017/11048 on the Ratification of the Cooperation Memorandum of Understanding in the Field of Residence between the Government of Republic of Turkey and the Government of Kingdom of Saudi Arabia was published in the Official Gazette dated 27.12.2017 and numbered 30283.
  • The Resolution of the Council of Ministers dated 04.12.2017 and numbered 2017/11118 on the Ratification of the Agreement on International Road Transport of Passengers and Goods between the Government of Republic of Turkey and the Government of Montenegro was published in the Official Gazette dated 01.2018 and numbered 30300.
  • The Resolution of the Council of Ministers dated 20.12.2017 and numbered 2017/11032 on the Ratification of the Agreement of Economic Cooperation between the Republic of Turkey and the Republic of Bulgaria was published in the Official Gazette dated 01.2018 and numbered 30304.
  • The Resolution of the Council of Ministers dated 20.12.2017 and numbered 2017/11088 on the Ratification of the Protocol on the Ninth Belarusian-Turkish Joint Intergovernmental Economic Commission was published in the Official Gazette dated 01.2018 and numbered 30304.

Council of Ministers Resolutions

  • The Resolution of the Council of Ministers dated 20.11.2017 and numbered 2017/11024 on the Implementation of Tariff Procurement in the Importation of Certain Processed Industrial Products was published in the Official Gazette dated 26.12.2017 and numbered 30282.
  • The Resolution of the Council of Ministers dated 25.12.2017 and numbered 2017/11164 on the Amendment to the Additional Decision to the Decision on the Import Regime was published in the Official Gazette dated 30.12.2017 and numbered 30286.
  • The Resolution of the Council of Ministers dated 25.12.2017 and numbered 2017/11171 on the Amendment to the Decision on Interest Endorsement for the Credits that will be used by the Right Owners from Banks under Law numbered 6306, was published in the Official Gazette dated 30.12.2017 and numbered 30286.
  • The Resolution of the Council of Ministers dated 25.12.2017 and numbered 2017/11162 on the Amendment to the Decision on the Extension of Certain Periods in the Electric Market Law numbered 6446was published in the Official Gazette numbered 30.12.2017 and numbered 30286. (bis.)
  • The Resolution of the Council of Ministers dated 22.12.2017 and numbered 2017/11176 on the Extension of the Period Indicated in Temporary Article 82 of Income Tax Law numbered 193, and the Amounts of the Tobacco Fund, and Ratios of Fund of Assistance of Usage of Resources Fund Cuts that shall be Applied to Certain Goods and Determination of the Amount and Ratio of Special Consumption Tax was published in the Official Gazette dated 01.01.2018 and numbered 30288.
  • The Resolution of the Council of Ministers dated 26.12.2017 and numbered 2017/11177 on the Amendment to the Decision on Treasury Support Provided for Credit Guarantee Institutions was published in the Official Gazette dated 01.01.2018 and numbered 30288.
  • The Resolution of the Council of Ministers dated 04.12.2017 and numbered 2017/11094 on the Risks, Products and Ratios of Premium Assistance that shall be Incorporated by the Pool of Agriculture Insurances in 2018 was published in the Official Gazette dated 05.01.2018 and numbered 30292.
  • The Resolution of the Council of Ministers dated 16.10.2017 and numbered 2017/10997 on Granting the Authorization Regarding International Transport to Vehicles with Georgia License Plates under Article 12(b) of the Law on Road Transport numbered 4925 was published in the Official Gazette dated 10.01.2018 and numbered 30297.
  • The Resolution of the Council of Ministers dated 11.2017 and numbered 2017/11091 on Procurement of Damage Surplus Reassurance Support by the State for Mandatory Earthquake Insurance Risks Undertaken by the Natural Disaster Insurance Authority was published in the Official Gazette dated 12.01.2018 and numbered 30299.
  • The Resolution of the Council of Ministers dated 16.10.2017 and numbered 2017/11133 on the Amendment to the Decision Regarding State Aids in Investments was published in the Official Gazette dated 20.01.2018 and numbered 30307.

Legislation

  • The Regulation on Amendment to the Regulation on Registration and Approval Procedures of Food Business Establishments entered into force through publication in the Official Gazette dated 21.12.1017 and numbered 30277.
  • The Regulation on Amendment to the Regulation on Assumption of Indebtedness that shall be carried out by the Undersecretariat of Treasury entered into force through publication in the Official Gazette dated 21.12.2017 and numbered 30277.
  • The Communiqué on Annulment of the Communiqué of Market Supervision and Control towards Content of Hazardous Chemical Material in Some Consumer Products entered into force through publication in the official Gazette dated 21.12.2017 and numbered 30277. This Communiqué entered into force on 23.12.2017.
  • The Communiqué on the Amendment to the General Communiqué on Tax Procedure Law (Sequence Number: 426) entered into force through publication in the Official Gazette dated 21.12.1017 and numbered 30277.
  • The Communiqué on the Amendment to the General Communiqué on Tax Procedure Law (Sequence Number: 483) entered into force through publication in the Official Gazette dated 21.12.1017 and numbered 30277.
  • Law numbered 7064 on the Approval of Ratification of the Decision of the EU-EFTA Joint Committee of Joint Transit dated 28.04.2016 and numbered 1/2016 that amends the Agreement regarding the Joint Transit Regime dated 20 May 1987, entered into force through publication in the Official Gazette dated 23.12.1017 and numbered 30279.
  • Law numbered 7065 on the Approval of the Ratification of the Documents on Amendments to the Temporary Import Agreement entered into force through publication in the Official Gazette dated 23.12.1017 and numbered 30279.
  • The Regulation on Amendment to the Regulation on the Procedures and Principles regarding the Fees that shall be Collected from Financial Consumers entered into force through publication in the Official Gazette dated 23.12.1017 and numbered 30279.
  • The Regulation on Amendment to the Regulation on Social Security Transactions entered into force through publication in the Official Gazette dated 23.12.1017 and numbered 30279.
  • The Communiqué on Amendment to the General Communiqué on Collection (Series: A Sequence Number: 9) was published in the Official Gazette dated 23.12.2017 and numbered 30279. Articles 1 (a), 2 and 8 of the Communiqué entered into force on 01.01.2018, and the remaining Articles entered into force on the publication date.
  • The Communiqué on Amendment to the General Communiqué on Corporate Income Tax (Sequence Number: 1) was published in the Official Gazette dated 23.12.1017 and numbered 30279.
  • The General Communiqué on Income Tax (Sequence Number: 301) was published in the Official Gazette dated 23.12.1017 and numbered 30279.
  • The Communiqué on Electronic Request System in Import Transactions (Import: 2017/3) entered into force through publication in the Official Gazette dated 27.12.1017 and numbered 30283.
  • The Communiqué on the Amendment to the General Communiqué on Special Income Tax List Number (II) (Serial Number: 3) was published in the Official Gazette dated 27.12.1017 and numbered 30283. This Communiqué entered into force on 01.01.2018.
  • The Procedures and Principles on Amendment to the Procedures and Principles on Assignment of the Entailed Lands to Investments entered into force through publication in the Official Gazette dated 28.12.1017 and numbered 30284.
  • The General Communiqué on Motor Vehicles Tax (Serial number: 49) was published in the Official Gazette dated 29.12.2017 and numbered 30285. This Communiqué entered into force on 01.01.2018 (bis.)
  • The Regulation on the Amendment to the Regulation on Transfer of Hazardous Substances by Land Route entered into force through publication in the Official Gazette dated 30.12.1017 and numbered 30286.
  • The Regulation on the Data Supervisors Registry was published in the Official Gazette dated 30.12.1017 and numbered 30286. This Regulation entered into force on 01.01.2018.
  • The Decision of Minimum Wage Determination commission was published in the Official Gazette dated 30.12.1017 and numbered 30286. This Decision entered into force on 01.01.2018.
  • The Regulation on Amendment to the Regulation on Code of Practices of Tariffs in Mandatory Highway Financial Liability Insurance was published in the Official Gazette dated 31.12.1017 and numbered 30287. This Regulation entered into force on 01.01.2018.
  • The Regulation on Amendment to the Regulation on Commercial Advertisement and Unjust Commercial Practices entered into force through publication in the Official Gazette dated 31.12.1017 and numbered 30287.
  • The Communiqué on Amendment to the Communiqué on Implementation of Special Income Tax List numbered (III) was published in the Official Gazette dated 01.01.2018 and numbered 30288. Various provisions of this Communiqué enter into force on various dates.
  • The Decision on Default Interest Rates that shall be implemented for the Late Payment of Goods and Services Procurements and Minimum Removal Amount that could be Requested for the Expenses of Collection of Receivables entered into force through publication in the Official Gazette dated 01.01.2018 and numbered 30288.
  • The Regulation on Annulment of the Regulation on the Istanbul Gold Market and Precious Stone Market entered into force through publication in the Official Gazette dated 04.01.2018 and numbered
  • The Regulation on Road Transport entered into force through publication in the official Gazette dated 08.01.2018 and numbered 30295.
  • The Communiqué (Export: 2017/9) on Amendment to the Communiqué on Sales made to the Those who do not Reside in Turkey with Special Invoice (Export: 2003/3) entered into force through publication in the Official Gazette dated 13.01.2018 and numbered 30300.
  • The Communiqué on the Administration of Quota and Tariffs on Imports (Number: 2018/1) was published in the Official Gazette dated 16.01.2018 and numbered 30300. This Communiqué entered into force on the day of issue, being effective from 08.11.2017.
  • The Communiqué on Amendment to the Communiqué on Determining the Print Type of Checkbooks and the Amounts Banks are Obliged to Pay to the Bearer (Number: 2010/2) was published in the Official Gazette dated 19.01.2018 and numbered 30306. This Communiqué entered into force on 29.01.2018.
  • The Public Procurement Communiqué (No: 2018/1) was published in the Official Gazette dated 19.01.2018 and numbered 30306. This Communiqué entered into force on the day of issue, being effective from 01.02.2018.

Competition Board Decisions

  • The Competition Board (“Board”) granted individual exemption to the “Authorized Dealer Agreement” that is projected to be signed between Trakya Cam Sanayii A.Ş. and nineteen dealers as it satisfies all of the conditions under Article 5 of Law numbered 4054. (21.12.2017, 17-42/670-298)

Mergers and Acquisitions

  • The Board authorized the acquisition of the İçerenköy Shopping Mall registered in the name of Bainbridge Holding A.Ş., and its immovables, that is located in İstanbul Gayrimenkul Yatırım San. ve Tic. A.Ş. by means of the City’s Gayrimenkul Geliştirme A.Ş. (21.12.2017, 17-42/672-300)
  • The Board authorized the acquisition of certain assets of Kozyatağı Gayrimenkul Yatırım İnşaat Turizm Sanayi ve Ticaret A.Ş., MEL2 Gayrimenkul Geliştirme Yatırım İnşaat ve Ticaret A.Ş., MEL3 Gayrimenkul Geliştirme Yatırım İnşaat and Ticaret A.Ş. ve MEL4 Gayrimenkul Geliştirme Yatırım İnşaat ve Ticaret A.Ş. by Rönesans Gayrimenkul Yatırım A.Ş. (21.12.2017, 17-42/671-299)
  • The Board authorized the acquisition of the shares of Glasshouse Bilgi Sistemleri A.Ş. by Data Assurance SARL (21.12.2017, 17-42/660-291)
  • The Board authorized the establishment of a joint venture in accordance with the provisions of the RERA Specification and the RERA Regulation, and under the RERA Contract that shall be concluded with the Directorate of Renewable Energy of Ministry of Energy, for production of electricity from sunlight energy, production of photovoltaic solar panels and photovoltaic solar panel production factory in this context, and construction of a Research-Development center and electricity production facility. (21.12.2017, 17-42/658-290)
  • The Board authorized the acquisition of the fixed assets and lease contracts of eleven stores that are operated in the Kayseri Province by CarrefourSA Carrefour Sabancı Ticaret Merkezi A.Ş. to Migros Ticaret A.Ş. (28.12.2017, 17-44/689-303)
  • The Board authorized the acquisition of the sole control of the rubber works of the RCMA Group Pte. Ltd. by Halcyon Agri Corporation Limited. (28.12.2017, 17-44/686-301)
  • The Board authorized the acquisition of the line of work in the area of outwear and advanced textiles of A&AT of INVISTA Equities LLC by means of Ruyi US Acquisition Corp. by Shandong Ruyi Group. (04.01.2018, 18-01/6-4)
  • The Board authorized the establishment of a joint venture by assigning joint control of Gas National Distribution Business S.L. by CPP Investment Board Europe S.a.r.l., Allianz Infrastructure Luxembourg I S.a.r.l. ve Gas Natural SDG, SA. (04.01.2018, 18-01/2-2)
  • The Board authorized the acquisition of the individual retirement plan portfolio of Groupama Emeklilik A.Ş by Fiba Emeklilik ve Hayat A.Ş. (11.01.2018, 18-02/13-9)
  • The Board authorized the acquisition of a certain number of shares of Belron Group S.A. by CD&R Blossom BidCo S.a.r.l. from S.A. D’leteren N.V. (11.01.2018, 18-02/12-8)
  • The Board authorized the acquisition of the entire assets of Joyson KSS Auto Safety S.A., except for Phase-Stabilized Ammonium Nitrate inflators, of Takata Corporation by Joyson KSS Auto Safety S.A. (11.01.2018, 18-02/11-7)

Important Changes and Developments

  • The Decision of the Capital Markets Board on Real Estate Valuation Minimum Wage Tariff and Implementation Principles of the Year 2018, was published in the Official Gazette dated 30.12.2017 and numbered 30286.
  • Decision of the High Planning Council dated 11.12.2017 and numbered 2017/44 on National Broadband Strategy and Action Plan (2017-2020) was published in the Official Gazette dated 21.12.2017 and numbered 30277. (bis.)

Energy

  • The Communiqué on Fines that shall be Imposed in the year 2018 under Article 9 of the Law on Natural Gas Market numbered 4646 (Law on Amendment to the Electricity Market and Natural Gas Market) was published in the Official Gazette dated 21.12.1017 and numbered 30277. This Communiqué entered into force on 01.01.2018.
  • The Communiqué on Fines that shall be Imposed in the year 2018 under Article 19 of Petroleum Market Law numbered 5015 was published in the Official Gazette dated 21.12.1017 and numbered 30277. This Communiqué entered into force on 01.01.2018.
  • The Communiqué on Fines that shall be Imposed in the year 2018 under Article 16 of Electricity Market Law numbered 6446 was published in the Official Gazette dated 21.12.1017 and numbered 30277. This Communiqué entered into force on 01.01.2018.
  • Decision of the High Planning Council dated 29.12.2017 and numbered 2017/50 on National Energy Productivity (2017-2023) was published in the Official Gazette dated 02.01.2018 and numbered 30289. (bis.)
  • The Communiqué on Amendment to the Communiqué on the Fees that shall be imposed in the year 2018 under Article 16 of the Electricity Market Law numbered 6446 was published in the Official Gazette dated 29.12.2017 and numbered 30285. This Communiqué entered into force on 01.01.2018.
  • The Energy Market Regulatory Authority (“EMRA”) announced the licensing fees for 2018 on 29.12.2017.
  • The EMRA Decision dated 30.11.2017 and numbered 7474 regarding the total annual energy consumption limits for free consumers was published in the Official Gazette dated 29.12.2017 and numbered 30285. This Decision entered into force on 01.01.2018.
  • The Communiqué on Annulment of the Communiqué on Inspection and Supervision of the Activities of Electricity Distribution Companies entered into force through publication in the official Gazette dated 09.01.2018 and numbered 30296.
  • The Regulation on Amendment to the Regulation on the Natural Gas Market Certificate Regulation entered into force through publication in the official Gazette dated 10.01.2018 and numbered 30297.
  • The Regulation on Amendment to the Regulation on Production of Unlicensed Electric Production in the Electricity Market entered into force through publication in the Official Gazette dated 17.01.2018 and numbered 30304.
  • The Regulation on Amendment to the Regulation on Electricity Market Stabilization and Reconciliation was published in the Official Gazette dated 18.01.2018 and numbered 30305. This Regulation entered into force on 01.02.2018.
  • The Communiqué on Administrative Fines that shall be implemented in the year 2018 under Article 10 of Energy Efficiency Law numbered 5627 (Sequence number: 2018/1) was published in the Official Gazette dated 18.01.2018 and numbered 30305. This Regulation enters into force on 01.01.2018.
  • The Regulation on Electricity Market Capacity Mechanism entered into force through publication in the Official Gazette dated 20.01.2018 and numbered 30307.
  • The Regulation on Amendment to the Regulation on Electricity Market Tariff entered into force through publication in the Official Gazette dated 20.01.2018 and numbered 30307.

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Recent Keynotes of November 2016
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Recent Keynotes of October 2016
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Recent Keynotes of September 2016
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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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