Turkey: Recent Key Notes On The Legal Developments

Resolutions of the Council of Ministers

  • The Resolution on the Amendment to the Resolution of the Council of Ministers, dated 25.03.2013, on the Principles and Procedures Regarding Treasury Support Provided to Credit Guarantee Institutions was published in the Official Gazette dated 08.04.2013 and numbered 28612.
  • The Resolution of the Council of Ministers, dated 25.03.2013, on Amendment to the Principles Pertaining To Employment of Contracted Employees was published in the Official Gazette dated 17.04.2013 and numbered 28621.

Legislation

  • The National Estate General Communiqué (Serial No: 352) entered into force through publication in the Official Gazette dated 23.03.2013 and numbered 28596.
  • The Communiqué on Monetary Limits and Ratios (No: 2013/1) entered into force through publication in the Official Gazette dated 23.03.2013 and numbered 28596.
  • The Communiqué (Serial No: 3) on the Amendment to the General Communiqué on Granting Tax Exemption to Foundations (Serial No: 1) was published in the Official Gazette dated 23.03.2013 and numbered 28596.
  • The General Custom Communiqué (Intellectual Property Rights) (Serial No: 1) was published in the Official Gazette dated 26.03.2013 and numbered 28599. The Communiqué entered into force on 01.04.2013.
  • The General Communiqué on Tax Procedural Law (Serial No: 425) was published in the Official Gazette dated 27.03.2013 and numbered 28600.
  • The Communiqué (No: 2013/5) on the Amendment to the Communiqué on Required Reserves (No: 2005/1) was published in the Official Gazette dated 28.03.2013 and numbered 28601. The Communiqué entered into force on 29.03.2013.
  • The General Custom Communiqué on Facilitating Customs Transactions (Serial No:1) was published in the Official Gazette dated 29.03.2013 and numbered 28602. The Communiqué entered into force effective as of 10.01.2013.
  • The Regulation on the Amendment to the Regulation on the Implementation of Decree-Law No. 556 on the Protection of Trademarks entered into force through publication in the Official Gazette dated 30.03.2013 and numbered 28603.
  • The Regulation on the Amendment to the Regulation Demonstrating the Implementation Manner in Turkey of Convention on the Grant of European Patents entered into force through publication in the Official Gazette dated 30.03.2013 and numbered 28603.
  • The Regulation on the Amendment of the Regulation Demonstrating the Implementation Manner under Decree-Law No. 554 on the Protection of Industrial Designs entered into force through publication in the Official Gazette dated 30.03.2013 and numbered 28603.
  • The Regulation on the Amendment of the Regulation Demonstrating the Implementation Manner under Decree-Law No. 551 on the Protection of Patent Rights entered into force through publication in the Official Gazette dated 30.03.2013 and numbered 28603.
  • The Decision on International Trade Companies entered into force through publication in the Official Gazette dated 31.03.2013 and numbered 28604.
  • The Decisions of the Banking Regulation and Supervision Agency, numbered 5261 and 5263, were published in the Official Gazette dated 04.04.2013 and numbered 28608.
  • The Regulation on the Amendment to the Customs Regulation entered into force through publication in the Official Gazette dated 05.04.2013 and numbered 28609.
  • The Law on the Amendment to Customs Law No. 6455 and Certain Laws and Decree-Laws was published in the Official Gazette dated 11.04.2013 and numbered 28615.
  • The Law on Foreigners and International Protection No. 6458 was published in the Official Gazette dated 11.04.2013 and numbered 28615.
  • The Communiqué on the Amendments to the General Communiqué on Public Procurement entered into force through publication in the Official Gazette dated 13.04.2013 and numbered 28617.
  • The Regulation on the Amendment to the Regulation on Enforcement and Bankruptcy Law entered into force through publication in the Official Gazette dated 16.04.2013 and numbered 28620.
  • The Communiqué (No: 2013/6) on the Amendment to the Communiqué on Required Reserves (No: 2005/1) was published in the Official Gazette dated 17.04.2013 and numbered 28621. The Communiqué shall enter into force on 26.04.2013.
  • The Law No. 6456 on the Amendments to the Law on the Regulation of Public Financing and Debt Management and Certain Laws and Decree-Laws was published in the Official Gazette dated 18.04.2013 and numbered 28622.
  • The Communiqué on the Principles and Procedures to be Followed in Prior Notification and Permission Applications Made to the Competition Authority For Legal Validation of Acquisitions by Privatization (Communiqué No: 2013/2) entered into force through publication in the Official Gazette dated 18.04.2013 and numbered 28622.
  • The General Communiqué on Public Internal Control Standards entered into force through publication in the Official Gazette dated 19.04.2013 and numbered 28623.
  • The Regulation on the Amendment to the Criminal Records Regulation entered into force through publication in the Official Gazette dated 20.04.2013 and numbered 28624.

Competition

  • The Competition Board ("Board") granted an individual exemption to the agreement signed between Aygaz A.Ş. and Aytemiz Gaz A.Ş. on 25.12.2012 concerning storage, filling services and LPG supply. (28.03.2013, 13-17/246-121)
  • The Board decided that the notified Distribution Agreement concluded between Roche Müstahzarları Sanayi A.Ş. and Drogsan İlaçları San. ve Tic. A.Ş. benefited from the block exemption under the Communiqué no 2002/2. (11.04.2013, 13-21/288-138)
  • The Board decided that the notified Distribution Agreement concluded between BP Petrolleri A.Ş. and its resellers concerning the sales of BP and Castrol brand mineral and synthetic oils benefited from the block exemption under the Communiqué no 2002/2. (11.04.2013, 13-21/282-133)


Mergers & Acquisitions

  • The Board authorized Fonds Stratégique d'Investissement's addition via share acquisition to the joint control of CMA CGM SA, which was previously under the joint control of Yıldırım Holding A.Ş. and Merit Corporation SAL. (28.03.2013, 13-17/250-124)
  • In light of the fact that the High Board of Privatization approved the acquisition of Gediz Elektrik Dağıtım A.Ş. by the first bidder; within the framework of the privatization of 100% of the shares of Anadolu Yakası Elektrik Dağıtım A.Ş. via block sales, the Board decided that the acquisition of all of the aforementioned shares by - Enerjisa Elektrik Dağıtım A.Ş., or - Aksa Elektrik Perakende Satış A.Ş., or - Fina Enerji Holding A.Ş.-Fina Limancılık Lojistik Holding A.Ş. Joint Venture Group could be authorized. (11.04.2013, 13-21/286-137)
  • Within the framework of the privatization of 100% of the shares of Dicle Elektrik Dağıtım A.Ş. via block sales, the Board decided that the acquisition of the aforementioned shares by - İş-kaya İnş. San. ve Tic. A.Ş.- Doğu Hattı Enerji Yatırım San. ve Tic. A.Ş. Joint Venture Group, or - Çalık Enerji San. ve Tic. A.Ş, or - Mes Yağ ve Gıda San. ve Tic. A.Ş. – İskur Tekstil Enerji Tic. ve San. A.Ş. Joint Venture Group could be authorized. (11.04.2013, 13-21/285-136)
  • The Board authorized Shell & Turcas Petrol A.Ş.'s acquisition by the renting of 44 fuel stations currently owned by Full Group through various agreements signed between Shell & Turcas Petrol A.Ş. and Full Group, which is under the Arista Yatırım ve Yönetim Holding A.Ş.. (17.04.2013, 13-22/321-148)
  • The Board authorized the establishment of a joint venture by Robert Bosch GmbH, ZF Friedrichshafen AG and Knorr-Bremse Group to operate in the maintenance and repair of motor vehicles sector.

Energy

  • Electricity Market Law No. 6446 entered into force through publication in the Official Gazette dated 30.03.2012 and numbered 28603.
  • The Regulation on the Auditing and Supervision of the Activities of Electricity Distribution Companies entered into force through publication in the Official Gazette dated 13.04.2013 and numbered 28617.

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