The Regulation on Conducting Notarial Acts in the Electronic Environment ("Regulation") was published in the Official Gazette on July 11, 2015, numbered 29413 and shall enter in to force March 01, 2016. The new regulation includes procedures and principles of the notarial acts in the e-environment as follows:
- Performing, storing and sharing of the notarial acts.
- Sending the notarial acts to the notary.
- Performing payments.
- Providing physical extract of the notarial acts sending the notarial acts to the 3rd parties.
- Procedure and principle for conducting notarial acts abroad.
Notarial Acts are addressed under the regulation as two main topics:
- Some transactions which can be
carried out by secure electronic signature without the
presence of a Notary:
- Certification of the commercial books
- Providing copies
- Notification without signature authentication
- Transactions which are still to be
carried out in the presence of Notary:
- The remaining transactions except those considered above.
- Transactions which mentioned in paragraph 2 of article 5 in the new regulation.
- Transactions in terms of the declaration of intentions.
Pursuant to new regulation, certain notarial acts shall be commenced (which currently must carried out in the presence of Notary) with a secure electronic signature via the Turkish Association of Notaries Information System "TANIS" but completion of the transaction must still be in the presence of the Notary.
Transactions which are subject to official procedures and transactions regarding contract of guarantee, cannot be performed with secure electronic signature on "TANIS". A time stamp will be used for all type of transactions. In addition to this all charges and fees can be paid through the e-environment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.