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The Communiqué Amending the Communiqué on Remote Identity Verification Methods to be Used by Brokerage Firms and Portfolio Management Companies and the Establishment of Contractual Relationships in Electronic Environment (III-42.1) ("Communiqué") (III-42.1.A) ("Amending Communiqué") — was published in the Official Gazette dated 28 February 2026 and numbered 33182, and entered into force as of the same date.
With the Amending Communiqué, the provisions of the Communiqué have been substantially revised and crypto-asset service providers have been included within its scope. In this context, the purpose and legal basis of the Communiqué have been expanded to ensure that crypto-asset service providers are also subject to the relevant regulatory framework. Accordingly, for the purpose of ensuring consistency within the text, the term "crypto-asset service providers" has been added to the provisions where the phrase "brokerage firms and portfolio management companies" previously appeared.
The Communiqué regulates the procedures and principles governing the technical and operational processes of remote identity verification, including in particular:
- Remote identity verification procedures
- Fraud prevention and identity information verification
- Establishment of electronic contractual relationships
- Information systems and security requirements
- Record-keeping and retention obligations
- Internal control and audit mechanisms
In addition to the editorial amendments introduced to ensure consistency throughout the text, several substantive additions and amendments have also been made, as summarized below:
Article 2
Through the Amending Communiqué, crypto-asset service providers have been added to the purpose provision of the Communiqué, which regulates the procedures and principles regarding the remote identity verification methods that may be used by brokerage firms and portfolio management companies during customer onboarding, as well as the establishment of contractual relationships either remotely or through information or electronic communication devices in a manner that substitutes the written form, regardless of whether such relationships are established remotely. Accordingly, crypto-asset service providers have been brought within the scope of the Communiqué.
Article 3
Article 3 of the Amending Communiqué revises the legal basis of the Communiqué. In addition to Article 42/2 of the Capital Markets Law No. 6362, Article 35/C(1) of the same Law, titled "Principles regarding the activities of crypto-asset service providers and the transfer and custody of crypto-assets," has also been added as a legal basis for the Communiqué.
Article 4
Article 4 of the Amending Communiqué introduces a definition of crypto-asset service provider into the definitions section of the Communiqué. Under this definition, crypto-asset platforms, institutions providing crypto-asset custody services, and other entities designated to provide services related to crypto-assets — including the initial offering or distribution of crypto-assets — are classified as crypto-asset service providers.
Article 5
Through Article 5 of the Amending Communiqué, the references contained in Article 5 of the Communiqué regarding the acquisition, management and use of the systems to be utilized in remote identity verification processes have been updated. Accordingly, the reference to Article 18 of the Information Systems Management Communiqué (VII-128.9) set out in the sixth paragraph of Article 5 of the Communiqué has been replaced with a reference to Article 19 of the Communiqué on the Principles Regarding Information Systems Management (VII-128.10). In addition, it has been stipulated that the principles set forth in Article 32 of the Communiqué on the Establishment and Operating Principles of Crypto Asset Service Providers (III-35/B.1) shall also apply.
Article 14/A
Pursuant to Article 12 of the Amending Communiqué, a new provision titled "Artificial Intelligence-Based Applications" (Article 14/A) has been added to the Communiqué. According to this provision, where it is intended that procedures normally carried out by personnel within the scope of remote identity verification are performed through artificial intelligence-based methods, the principles set forth in Article 4/9 of the Financial Crimes Investigation Board (MASAK) General Communiqué (Serial No: 19) must be taken into consideration at a minimum. Furthermore, the Capital Markets Board of Türkiye is authorized to determine additional procedures and principles applicable to brokerage firms, portfolio management companies, and crypto-asset service providers that intend to utilize such artificial intelligence-based methods.
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.
