The Regulation on Conducting Notarial Acts in the Electronic
Environment ("Regulation") was published
by the Ministry of Justice in the Official Gazette numbered 29413
on 11 July 2015. The Regulation outlines procedures and principles
for performing, storing and sending notarial acts electronically by
using secured electronic signatures. The Regulation will be
effective from 1 March 2016.
The Regulation addresses:
Performing, processing and storing notarial acts in the
Sending notarial acts to relevant persons, entities and others
in the electronic environment.
Physical excerpts of notarial acts executed in the electronic
Technical and administrative conditions for conducting notarial
acts outside Turkey.
Notable provisions in the Regulation include:
Performing notarial acts in the electronic
environment: Transactions envisaged under the Notary Law
numbered 1512 can be performed electronically, using a secured
electronic signature. However, a secured electronic signature is
not sufficient to execute guarantee agreements or legal
transactions which legislation requires be executed in an official
form or via a special procedure. All transactions performed with
secured electronic signatures will bear a time stamp. All
processes, including issuance of the document, will be realized
electronically. The transaction is completed once the notary fees,
taxes, charges and other expenditures are collected.
Transactions which can be performed without a notary being
present: The following transactions can be performed via the
Turkish Association of Notaries Information System
("TANIS") without the relevant parties
being in the presence of a notary (Article 6):
Certification of commercial books.
Warning letters and notifications without signature
The relevant parties must be in the presence of a notary
Perform transactions with secured electronic signatures besides
those noted above.
Complete a transaction commenced in accordance with the second
paragraph of Article 5 of the Regulation, such as statutory form
Perform transactions regarding declarations of intentions.
In these circumstances, the parties can begin preparations by
logging the transaction in TANIS. However, the transaction must be
completed in a notary's presence.
System for making electronic transactions: The Turkish
Association of Notaries will set up and operate the infrastructure
to enable transactions to be performed electronically, with
electronic signatures (Article 8). When making an application on
TANIS (which will form part of the overall infrastructure),
applicants will be able to choose a preferred notary. If no choice
is made, the application will be referred to the closest located
Recording and storing transaction information: No physical
documents will be created nor stored for an electronic transaction
where all parties use secured signatures, unless a physical
document is requested (Article 9).
Sending transaction information: If necessary, information
and documents relating to transactions performed with secured
electronic signatures can be sent to notaries, persons and entities
within the electronic environment (Article 10). Transactions which
are performed with wet ink (non-electronic) signatures and recorded
in TANIS with secured electronic signatures can also be sent to
notaries, or other persons and entities in the same way.
Performing notarial acts outside Turkey: Performing,
processing, storing, transmitting and transferring electronic
notarial acts outside Turkey is permitted, provided certain
procedures are followed (Article 12).
Obtaining physical versions of electronic documents: If a
physical copy of a document signed by electronic signatures is
necessary, the notary must add its signature and seal to the
document to indicate it is a true copy of the original, then hand
the document to the relevant person (Article 15).
Please see this link for the full text of the Regulation
(only available in Turkish).
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.
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