The Law Amending the Enforcement and Bankruptcy Law and Other Laws which amends the article of Notification Law related to electronic notification, published in the Official Gazette dated on 15.03.2018. According to this amendment, electronic notification is going to be compulsory for specific groups as of January 1st, 2019.

The persons to whom the notification must be made electronically are listed below;

  • Public authorities and circulated capital enterprises listed in the Law of Public Finance Management and Control tables; (1),(2),(3),(4)
  • Local administrations indicated in the Law of Public Finance Management and Control
  • Public Institutions and organizations established by special laws and bail funds and funds established by law.
  • Public economic enterprises and related partnerships, institutes and businesses
  • Institutions whose more than 50% of their shares owned by public
  • Professional organizations and their supreme organizations with public institution status
  • All private entities including the ones established by law
  • Notary publics
  • Lawyers
  • Mediators and experts
  • Local administrations indicated in the Law of Public Finance Management and Control, public economic enterprises or other partnerships whose more than 50% of the shares are owned by public; judiciary or administrative authorities, execution offices.

Application for electronic notification address

In order to obtain electronic notification address, application must be made to the Postal and Telegraph Office ("PTT") with necessary information and documents. Electronic notification addresses are provided by PTT.

Transactions related to electronic notifications shall be conducted through the National Electronic Notification System established and operated by PTT. Formation of an electronic notification address has been regulated by the additional Article 2 of the Notification Law No. 7201.

According to the additional article, electronic notification address shall be given by PTT with ID numbers of real persons, system number of the legal entities and addresses will be delivered to the related institutions, organizations and associations in order to deliver to the owners.

Real persons and legal entities other than persons that are listed above are not obliged to provide electronic notification address. However, it is possible for private and legal entities other than those listed above to enroll in electronic notification system upon their demand. Electronic notification will be mandatory for people who gets an electronic notification address upon their request.

Date that the notice deemed to be made

According to the Article 7/A of Notification Law No. 7201, electronic notification is deemed to have been made at the end of the fifth day following the arrival of the notification to the electronic address of the addressee.

Failure to make electronic notification

According to the additional clause, if electronic notification cannot be made due to obligatory reasons, notification will be made by other means that are mentioned in the Notification Law No. 7201.

Notification in case of a change in electronic notification obligation

If a person starts to be subject to the obligation of electronic notification or his obligation does not exists anymore, notification must be made by the related institutions, organizations or associations within one month. PTT will also carry out the necessary procedures with the information obtained from the related persons.

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.