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“Regulation on the Qualifications of the Concordat Commissioner and Constitution of Creditors Board” has been published 11 June 2018
As is known; suspension of bankruptcy, which was prevented to be applied for equity companies and be given by the court in accordance with the Statutory Decree numbered 669 published on 31.07.2016, has been abolished from the legislation as a whole by the Law Amending the Enforcement and Bankruptcy Law and Certain Laws published in the Official Gazette dated 15.03.2018 and numbered 30361.
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“The Regulation on the Law on Mediation in Civil Disputes” Has Been Published 8 June 2018
The Regulation on the Law on Mediation in Civil Disputes (“the Regulation”) has been published in the Official Gazette dated 02.06.2018 and numbered 30439. Important regulations have been brought by the Regulation regarding all kinds of mediation activity on resolving civil disputes via mediation, representation of administration in civil law disputes of the administration, principles and procedures of mediation as a condition to file a case, training of mediators, realization of mediator exam, regulation of mediator registry, supervision of mediators and training intuitions.
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Decision of the Council of Ministers Extending the Scope of Companies Subject to the Independent Audit Has Been Published 4 June 2018
The first decision of the Council of Ministers on determining the companies subject to the independent audit which was published on 23.01.2013 has been abolished by the “Decision of Council of Ministers on the Determination of Companies subject to the Independent Audit” (“the Decision”) numbered 2018/11597 published in the Official Gazette dated 26.05.2018 and numbered 30432.
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MinimumElements of the Undertaking Letter to be prepared by Data Controllers for Data Transfer Abroad has been Published in the Website of the Board of Protection of Personal Data 22 May 2018
According to Article 9 of the Law on the Protection of Personal Data (“the Law”);in principle, personal data cannot be transferred abroad without the explicit consent of data subject.However; one of the exceptional situationsthat personal data can be transferred abroad without the consent of data subject is the announcement of the Board of Protection of Personal Data (“Board”) stating that the sufficient level of data protection is provided in the country that the data will be transferred.
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An Exception Has Been Made to the Obligation to Register in the Data Controller Registry 17 May 2018
According to the Paragraph 2 of Article 16 of the Law on Protection of Personal Data (“the Law”) and Article 8 of the Regulation on Data Controllers Registry (“the Regulation”); natural and legal persons who process the personal data are obliged to register in the Data Controllers Registry (“the Registry”) before the commencement of processing.
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Communiqué Amending the General Communiqué on Public Tenders has been published 18 April 2018
Communiqué Amending the General Communique on Public Tenders (“the Communiqué”) has come into force via being published in the Official Gazette dated 31.03.2018 and numbered 30377. With Article 7 of the Communiqué, it has been regulated that citizens of countries who are parties of international agreements which has been approved with appropriate procedure under the Article 90 of the Constitution, can join to tenders as applicants and that the authority should examine the related articles and take the necessary measures upon the request of application of the articles of the concerned agreement.
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Guidelines on Vertical Agreements has been updated 3 April 2018
Guidelines on Vertical Agreements (“the Guidelines”) of the Competition Authority (“the Authority”) has been updated and published on the website of the Authority. It has been observed that the new paragraphs added to the Guidelines mainly concerns Internet sales and most favored customer clause (“MFC Clause”).
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“The Law Amending the Tax Laws and Some Laws and Decree Laws” has been published 28 March 2018
“The Law Amending the Tax Laws and Some Laws and Decree Laws” (“the Law”) has been published in the Second Repetitive issue of the Official Gazette dated 27.03.2018. In accordance with the addition to the Article 9 of the Income Tax Law numbered 193 via the Article 3 of the Law; sale of the electric energy produced from the solar energy production plants whose maximum power is 10 kw built on the roofs of the houses and their extensions by the homeowner natural persons or tenants, to last source supply companies shall be exempted from income tax. The ones built by homeowners in order to supply the electric energy for the common needs of the estate shall enjoy tradesmen exception.
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“Law Amending the Enforcement and Bankruptcy Law and Certain Laws” has been published 19 March 2018
The Law Amending the Enforcement and Bankruptcy Law and Certain Laws (“the Law”) has been published in the Official Gazette dated 15.03.2018 and numbered 30361. Suspension of bankruptcy, which was prevented to be applied for by equity companies and be given by the Court in accordance with the Statutory Decree numbered 669 which was published on 31.07.2016, has been abolished from the legislation as whole by the Law. Instead, concordat that is already regulated under the Enforcement and Bankruptcy Law has been amended to a large extent in order to functionalize.
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“The Law Amending Certain Laws in order to Enhance Investment Environment” has been published 15 March 2018
The Law Amending Certain Laws in order to Enhance Investment Environment numbered 7099 (“Law”) amending several codes including Turkish Commercial Code has been published in the Official Gazette dated 10.03.2018 and numbered 30356. One of the major changes adopted by the Law is that the obligation to pay ¼ of the pledged capital in cash before the registration to trade registry during the establishment of a company with limited liability has been removed, since the mentioned capital could be paid within twenty four months as of the date of registration of the company.
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