Introduction
A new Regulation on Electronic Notices has been published in the Official Gazette dated 6 December 2018 and numbered 30617 (the "Regulation"), annulling the previous regulation on the matter1. The Regulation introduces new principles and rules with regards to the practice of electronic notices.
Background
Electronic notices were first introduced in 2013 to facilitate formal service of notices and other process by utilising a secure electronic message service.
The Regulation will transition the existing secure e-mail system, called KEP, into a new electronic messaging service administrated by PTT, the national post organisation of Turkey.
Going forward, this electronic messaging service called UETS will be the primary mode of service for formal notices.
Entities obliged to obtain an e-notice address
Prior to the Regulation, only joint-stock companies, limited liability companies and limited partnerships were obliged to maintain a secure electronic mail addresses for the service of notices. The Regulation will require an expanded list of entities, including some natural persons, to maintain an addresses for the service of the so called "e-notices".
The natural and legal persons obliged to obtain e-notice addresses are as follows:
- Public entities listed in the Public Financial Management and Supervision Law numbered 5018;
- Local administrations defined in Law numbered 50182;
- Public entities, funds and surety funds established in accordance with special laws;
- Government enterprises and affiliated commercial enterprises;
- Professional organisations which hold public institution status;
- All private law legal persons including those established by special law;
- Notaries;
- Attorneys;
- Registered mediators and experts;
- Civil, criminal and administrative courts, execution offices and those who are entitled to represent persons before mediators.
These persons must apply to the PTT by the end of January 2019 to obtain a mandatory UETS address.
Note that existing secure e-mail accounts under the KEP system will not be eligible for use within the new UETS system. Also note that persons not specified in the Regulation can also participate in the UETS system and any future notices to such persons will also need to be served by electronic means, in the first instance.
Delivery and service
E-notices will be deemed to be received by the recipient at the end of the fifth day the e-notice is recorded in the receiver's e-notice address. The UETS system will offer an optional notification tool for recipients to be notified by text messages or e-mails when an e-notice is received.
Conclusion
The Regulation is scheduled to enter into force in the New Year, on the 1st of January. Thereafter, it will become mandatory to issue notices and other formal service subject to the Regulation electronically through UETS.
Footnotes
1 Published in the Official Gazette dated 19 January 2013 and numbered 28533.
2 Published in the Official Gazette dated 24 December 2003 and numbered 25326.
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