The Union of Turkish Public Notaries ("Union") has
clarified to notaries that a permit from the Ministry of Energy and
Natural Resources ("Ministry") is not required to execute
royalty agreements between license holders and third parties. The
Union issued an Information Letter dated 20 January 2016, in line
with a related letter issued by the General Directorate of Mining
Affairs dated 14 December 2015.
2015 amendments to Mining Law Number 3213 stated that a permit
from the Ministry is required to execute royalty agreements between
license holders and third parties before notaries. Accordingly, the
Union declared in February 2015 that a permit from the Ministry was
required to notarize royalty agreements.
However, upon learning that the Ministry actually issues the
relevant permit after execution of royalty agreements, the Union
asked the General Directorate of Mining Affairs at the Ministry
("General Directorate") to clarify the situation, to
ensure all notaries adopt a consistent approach.
The General Directorate clarified the situation in an
information letter dated 14 December 2016. It stated that when a
royalty agreement between license holders and third persons is
delivered to the General Directorate to be entered in the mining
registry, the General Directorate evaluates such agreement in the
light of the Mining Law and the Application Regulation for Mining
Affairs. If the General Directorate finds the agreement
appropriate, it will then send the agreement to the Ministry to
obtain a permit (in accordance with Additional Article 7 of the
Mining Law). Therefore, the General Directorate stated that since
royalty agreements executed before notaries will not be submitted
to the Ministry until after the General Directorate's
examination, notaries should not require a Ministry permit in order
to notarize the royalty agreements.
Please see this link for the full text of the
Union's Information Letter (only available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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