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PROTECTION OF PERSONAL DATA IN MERGER AND ACQUISITION PROCESS 12 December 2022
PROTECTION OF PERSONAL DATA IN MERGER AND ACQUISITION PROCESS I. INTRODUCTION The concepts of personal data and the protection of it have started to be of great importance for both legal entities and natural persons with the increasing technological developments in the recent period. In this context, access to the personal data in question, the establishment of the security of the transactions regarding the storage and transfer of these data are among the legal issues that need to be focused on today. One of the most important steps taken to emphasize this importance is the Law on the Protection of Personal Data, which entered into force in Turkey on April 7, 2016, and the secondary legislation enacted by the Personal Data Protection Authority afterwards.
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TAX ERRORS 5 December 2022
I. Introduction Error refers to the actions that show the existence of an illegal transaction and that need to be corrected by the administration. Tax errors are unlawful transactions originating from the taxpayer or the administration (Tax Office), which we encounter in the following process from assessment to tax collection. The emergence of the said errors may be due to the complex and technical aspects of the taxation phenomenon, or the legislation structure that is subject to frequent changes and the inadequacy of the legislation in terms of content. In addition, errors arising from the incomplete or narrow interpretation of the laws by the tax office or the taxpayer can also serve as an example for this scope.
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VAT EXCEPTION REGARDING THE PURCHASES OF IMMOVABLES IN TURKEY BY FOREIGN REAL AND LEGAL ENTITIES 2 December 2022
VAT EXCEPTION REGARDING THE PURCHASES OF IMMOVABLES IN TURKEY BY FOREIGN REAL AND LEGAL ENTITIES What is the VAT exemption right granted to foreign real persons and entities? The principle of reciprocity, which is required for foreign real persons to acquire real estate or limited real rights in Turkey, was abolished with the 2012 regulation in the Land Registry Law. In addition, citizens of 183 countries determined by the Cabinet Decision taken pursuant to Article 35 of the Land Registry Law, amended by Law No. 6302, have the right to own real estate in Turkey. Foreign nationals who are not residents in Turkey provided that it is applied on the first delivery of buildings constructed as residences or workplaces by adding subparagraph (i) to Article 13 of the Value Added Tax Law in 2017,...
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STATUTE OF LIMITATIONS IN TURKISH TAX LAW 1 December 2022
STATUTE OF LIMITATIONS IN TAX LAW A statute of limitations in tax law; means the elimination of the tax claim by the expiration of the period determined by the relevant legislation. In tax law, there are two types of the statute of limitations: statute of limitations for levy and statute of limitations for collection. The statute of limitations for the levy is determined by the Tax Procedure Law No. 213; The statute of limitations for collection is regulated by Law No. 6183 on the Collection Procedure of Public Receivables.
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Absolute Correction 3 November 2022
Absolute Correction What is the correction? The institution that allows the parties to unilaterally "partially or completely" change their previous procedural actions during the litigation process is called "correction". What is the absolute correction?
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ACQUIRING TURKISH CITIZENSHIP BY PURCHASING REAL ESTATE 2 November 2022
ACQUIRING TURKISH CITIZENSHIP BY PURCHASING REAL ESTATE What is citizenship acquisition through real estate acquisition? Under the heading "Exceptional cases in the acquisition of Turkish citizenship" regulated by article 12 of the Turkish Citizenship Law, with Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, additional ways of acquiring Turkish citizenship have been introduced and one of them is the acquisition of citizenship through real estate acquisition. It means that people who fulfill the conditions determined by the legislation acquire citizenship if they buy an immovable that complies with the limits determined by the legislation.
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CAN SOCIAL MEDIA POSTS CONSIDERED AS EVIDENCE? 27 October 2022
CAN SOCIAL MEDIA POSTS CONSIDERED AS EVIDENCE? Can social media posts considered as evidence? According to the Turkis law, all evidence to be submitted to the file during the trial must have been obtained in accordance with the law. Evidence obtained illegally will not be considered by the court, even if it is strong enough to clarify the subject of the dispute beyond any doubt. From this point of view, in order for social media messages to be included in the file as legal evidence in a matter that has been brought to the judiciary, they must have been obtained in accordance with the law. For this, it must be recorded personally by a person who is a party to the messaging and presented to the file as evidence. Otherwise, messages made from here by creating a fake profile or sharing...
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FOREIGNER'S RIGHT OF SUCCESSION 26 October 2022
FOREIGNER'S RIGHT OF SUCCESSION Can foreigners be heirs in Turkey? Being a citizen of a foreign state does not constitute an obstacle to being an heir in Turkey. On the other hand, determining whether foreigners have the title of heir is essential for the heir to acquire the goods. For this, it is necessary to obtain a certificate of inheritance from the Turkish Courts.
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ACQUISITION OF TURKISH CITIZENSHIP THROUGH DEPOSIT PLACEMENT 25 October 2022
ACQUISITION OF TURKISH CITIZENSHIP THROUGH DEPOSIT PLACEMENT Who can apply for Turkish citizenship by deposit? Persons who deposit $500,000 or $500,000 in foreign currency or Turkish Lira to banks operating in the Republic of Turkey provided that there is no obstacle in terms of national security and/or public order and that the conditions specified in the relevant legislation are met can apply for citizenship.
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TRANSITION OF MINORITY SHAREHOLDINGS UNDER THE COMPETITION LAW 18 October 2022
TRANSITION OF MINORITY SHAREHOLDINGS UNDER THE COMPETITION LAW 1. INTRODUCTION Transition of minority shareholdings is mostly handled within the scope of mergers and acquisitions, and in this context, it is examined in the light of Article 7 of the Law on the Protection of Competition (“RKHK”) numbered 4054, which regulates mergers and acquisitions.
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