Partner Announcement
Bener is pleased to announce the appointment of Fatoş Otcuoğlu, LL.M, as Partner of our Banking, Finance, Capital Markets, and Fintech practices—marking a significant step in bolstering the firm’s capabilities
Bener is pleased to announce the appointment of Fatoş Otcuoğlu, LL.M, as Partner of our Banking, Finance, Capital Markets, and Fintech practices—marking a significant step in bolstering the firm’s capabilities
As known, physical notifications to be sent by judicial and administrative authorities, particularly courts, are made in accordance with the provisions of the Notification Law Numbered 7201. Pursuant to the
Smart contracts are contractual software that users connected to decentralized networks that embody distributed databases, known as Blockchain, conclude by arranging them among themselves. Smart contracts organized as digital algorithmic
The Law on the Amendment of Certain Laws and Statutory Decrees was published in the Official Gazette dated on 28 July 2021, numbered 31551 and entered into force. Article 17
In this article, we will provide information on the requirement of (i) job search leave and (ii) ban on usingannual paid leave during notice period: Job Search Leave In accordance
Since the beginning of the Covid-19 pandemic, many employees have been forced to work remotely from their home and in some circumstances from another country. A common question regarding Turkish
On 25.06.2021, the Board of Protection of Personal Data (”Board”) has published two announcements; one of them is related to obligation of ordinary partnerships, joint ventures and consortiums to be
In this article, we have explained the regulations regarding remote working and whether accidents that may occur during remote working will be considered as occupational accidents: Regulations Regarding Remote Working
Amendments have been made to Law on Amending Certain Laws (“Law”) with Law on Amending the Laws on Insurance and Certain Other Fields and a Statutory Decree (“Amending Law”) published
New regulations regarding the general assemblies of joint stock companies whose shares are bearer share certificates have been brought to the Regulation on the Procedures and Principles of General Assembly
The purpose of this article is to assist understanding the immigration process of a foreign Press Member in Turkey. This article is not intended as specific legal advice and each
Transfer of personal data[1] to third parties located abroad is regulated under article 9 of the Law on Protection of Personal Data No. 6698 (“Law”). According to article 9 of
The purpose of this article is to assist understanding Turkey’s indefinite residence permit application criteria and process. This article is not intended as specific legal advice and each Indefinite Residence
The Regulation Concerning Electricity Market Storage Activities (“Regulation“) has been published by the Energy Market Regulatory Authority (“EMRA“) on the Official Gazette numbered 31479 and dated 09.05.2021. The Regulation determines
Regulation on Amending the Regulation on Certification and Support for Renewable Energy Resources has been published on the Official Gazette dated May 9, 2021 and numbered 31479 and has amended
Crypto-assets service providers have been regulated as obliged party under the Regulation on Measures Regarding the Prevention of Laundering Proceeds of Crime and Financing of Terrorism (“Regulation”) with the amendment
Financial assistance prohibition is regulated under article 380 of the Turkish Commercial Code numbered 6102 (“TCC“). Pursuant to Article 380 of the TCC, it is stated that the legal transactions
With the Communique on the Application of Paragraph (A) of Provisional Article (3) of the Code Amending Certain Laws Numbered 7226 published in the Repeating Official Gazette dated April 30,
(“Provisional Article 3”) has been added to the Code Amending Certain Laws numbered 7226 dated 25 March 2020, with the article 15 of the Code Amending Certain Laws with Tax
It has been announced with the Presidential Decision No. 3930 published at the Official Gazette dated 30.04.2021 that the periods regulated under Temporary Article 10 of the Labor Law numbered
Council of Judges and Prosecutors convened in order to evaluate the implementation of the full closure measures, declared by the President on 26.04.2021, in terms of judicial activities and announced
The Regulation Amending the Regulation on Internet Domain Names (“Amending Regulation“) has been published in the Official Gazette and changes were made in the Regulation on Internet Domain Names Regulation
Within the scope of the President’s Decree numbered 3910 published in the Official Gazette dated 23.04.2021, in accordance with the Provisional Article 23 of the Unemployment Insurance Law (“Law”) numbered
General Evaluation Mergers and acquisitions occur as a result of acquisition of all or part of the shares of a legal entity or acquisition of new shares issued via capital
On April 16th of 2021, close to midnight, a directive was published. It was a piece of legislation regulating the cryptocurrency for the first time ever in Turkey. And ironically,
The Regulation on Prohibiting Payments with Crypto-Assets has been published in the Official Gazette dated April 16, 2021 and numbered 31456 (“Regulation”). With this Regulation, a regulation on crypto-assets has
According to the amendments made to 8 regulations published in the Official Gazette dated April 9, 2021 and numbered 31449, amendments were made in the same framework on the electricity,
The “Electric Scooter Regulation” (“Regulation“) entered into force with the Official Gazette No. 31454 published on 14.04.2021 by the Ministries of Transport and Infrastructure, Environment and Urbanization and Interior Affairs
The exit codes to be used by the employers in case of termination pursuant to the situations under “circumstances against ethics and goodwill and similar circumstances” specified under article 25/II
“The Law on Financial Leasing, Factoring and Financing Companies” has been amended by the Law on Financial Leasing, Factoring and Financing Companies and Amendments on Other Laws (the “Law”) published
New regulations have been introduced to Turkish Commercial Code (“TCC”) regarding bearer share certificates with the Code on the Prevention of the Financing of the Propagation of Weapons of Mass
Paragraphs 5 and 6 of Article 19 and Article 22 of Capital Movements Circular (“Circular”) were amended in accordance with the letter of Ministry of Treasury and Finance of Republic
The Communiqué on the Commitments in Preliminary Inquiry and Investigations concerning Agreements and Concerted Practices between Undertakings and Decisions and Practices of Associations of Undertakings Restricting the Competition (Communiqué No:
The Communiqué on Agreements, Concerted Actions and Decisions and Actions of Association of Undertakings that do not Considerably Restrict Competition (Communiqué No: 2021/3) (“Communiqué“) was published in the Official Gazette
The Board of Protection of Personal Data has re-postponed the deadline for registration to the Data Controller Registry (“Registry”) with the decision dated 11.03.2021 and numbered 2021/238. In this regard,
Remote Working Regulation (“Regulation”), which regulates the rights and obligations of remote working employees and employers in accordance with the Labor Law numbered 4857, is published at the Official Gazette
Law on Financial Leasing, Factoring and Financing Companies published in the Official Gazette dated December 13, 2012 and numbered 28496 has been amended with the Law on Financial Leasing, Factoring
It has been announced with the Presidential Decision No. 3592 published at the Official Gazette dated 09.03.2021 that the periods regulated under Temporary Article 10 of the Labor Law numbered
Amendments to the Communiqué on the Decree No. 32 on Protection of the Value of Turkish Currency (Communiqué No. 2008-32/34) Communiqué on the Decree No. 32 on Protection of the
With the Regulation Amending the Regulation on the Compliance Program for the Obligations Regarding the Preventing of Laundering of Crime Revenues and Financing of Terrorism published in the Official Gazette
Turkey’s Energy Market Regulatory Authority’s (“EMRA”) decision dated February 25, 2021 was published in the Official Gazette dated March 3, 2021 and numbered 31412 (“Decision”) has declared that the pre-license
Banking Regulation and Supervision Agency (“BDDK”) has announced “Draft Regulation of Sharing Secret Information” (“Draft Regulation”). The Draft Regulation, on the basis of Article 73 of the Banking Law numbered
Within the scope of the President’s Decree numbered 3556 published at the Official Gazette dated 19.02.2021, in accordance with the Provisional Article 23 of the Unemployment Insurance Law numbered 4447,
Paragraph 16(c) of Article 21 and Paragraph 16(c) of Article 40 of Capital Movements Circular (“Circular”) were amended in accordance with the letter dated February 16, 2021 numbered 101057 of
Subject of Application Made to the Constitutional Court The Constitutional Court decision dated 12.01.2021 regarding the application numbered 2018/31036 has been published in the Official Gazette dated 05.02.2021. The subject
The following amendments were made to the Law on the Protection of the Value of Turkish Currency numbered 1567 and dated 20 February 1930 (“Law”) with a provisional article as
The Law on the Electricity Market Law and Certain Other Laws numbered 7257, which was previously published in the Official Gazette dated December 2, 2020 and numbered 31322 set forth
The following amendments were made to Law on Movable Property Pledge in Commercial Transactions numbered 6750 and dated 20 October 2016 (“Law“) to be effective as of 3 February 2021.
The following amendments have been made under Turkish Commercial Code numbered 6102 and dated 13 January 2011(“Law”). Under article 40 titled “Registration” of the Law, it was regulated that the
INTRODUCTION The new 2021 Arbitration Rules of International Chamber of Commerce has been entered into force as of January 1, 2021 (“2021 ICC Rules”). Any arbitration agreement which has been
To be effective as of 19.01.2021, placement of advertisements on the platforms of Pinterest, Twitter Inc., Twitter Inc. (Periscope / Scope) has been banned as per the decisions no. 4202,
After announcing Güzide Özbilen and Tuğce Işıkara as new partners in summer 2020, Bener is pleased to announce the appointment of Ayşegül Özgen in litigation department as a new partner
Significant changes have been made in terms of bearer share certificates of the joint stock companies under the Turkish Commercial Code No. 6102 (“TCC”) . Amendments made to the provisions
The Law on Prevention of Laundering of Crime Revenues numbered 5549 and dated October 11, 2006 (“Law”) has been amended . With the amendment to article 2 of the Law,
The prohibition on submission of post-dated cheques to the drawee bank for payment, has been extended until December 31, 2021. Cheque Law numbered 5941 and dated December 14, 2009 (“Law”)
It has been announced with the Presidential Decision No. 3344 published at the Official Gazette dated 30.12.2020 that the periods regulated under Temporary Article 10 of the Labor Law numbered
The Communiqué on Amendments to the Communiqué on the Procedures and Principles Regarding the Implementation of Article 376 of the Turkish Commercial Code No. 6102 was published in the Official
It has been announced with the Presidential Decisions No. 3316 and 3317 published at the Official Gazette dated 23.12.2020 that the periods for short term working regulated in accordance with
With the Regulation on Amendment of the Regulation on Commercial Communication and Commercial Electronic Messages published at the Official Gazette on 28.08.2020, Regulation on Commercial Communication and Commercial Electronic Messages
Within the scope of the amendment regulations published at the Official Gazette dated 05.11.2020, certain amendments have been made to the Regulation on Warranty Certificate, Regulation on After Sales Services
With the President’s Resolutions numbered 3134 and 3135 that are entered into force after being published at the Official Gazette dated October 27, 2020, the periods stipulated for termination ban
As per the “Regulation Amending the Regulation for Implementation of Foreign Direct Investment Law” published in the Official Gazette dated October 16, 2020 and numbered 31276, “Regulation For Implementation of
Change in the Name of the Regulation As per “Regulation Amending the Regulation on the Procedures and Principles of General Assembly Meetings of Joint Stock Companies and Representatives of Ministry
As it is known, as per the Decree Dated 16.11.2018 And Numbered 2018 /32-52 On Amendment Of Decree On Protection Of Value Of Turkısh Currency (Decree No: 2008-32 /34) (“Decree”),
With the Presidential Decree No. 3031 dated 29.09.2020 (“Decree No. 3031”) and Presidential Decree No. 3032 (“Decree No. 3032”) published in the Official Gazette dated 30.09.2020; the rate of banking
We would like to remind that pursuant to the Law on Protection of Personal Data real and legal persons that are data controllers, of which the annual number of employees
In order to reduce the negative impacts of Covid-19 pandemic on social and economic life in our country, a provisional article has been added to the Turkish Commercial Code (“TCC”)
The Bill of Law on the Amendments to Law of Unemployment Insurance and Certain Laws (“The Bill”) has been under discussion in Grand National Assembly of Turkey for a while
Article 23 regarding the material transactions of companies and Article 24 regarding the exit right of shareholders, of the Capital Markets Law No: 6362 (“Law”), have been amended by the
Deadlines for registration of data controllers to Data Controller Registry (“Registry”) as per the Law on Protection of Personal Data have been extended in accordance with the decision made by
With the Decree of the Presidency numbered 2568 published on the Official Gazette dated 24.05.2020, Decree annexed to the Decree of Council of Ministers dated 28.08.1998 and numbered 98/11591 regarding
Capital Movements Circular of the Central Bank of the Republic of Turkey (“Circular”) was amended on May 11, 2020 in accordance with the letter numbered 267896 of the Ministry of
As per the Regulation Regarding Amendment of Regulation Regarding Commercial Communication and Commercial Electronic Messages that has been announced in the Official Gazette dated 04.01.2020, certain important changes have been
In order to reduce the negative impacts of Covid-19 pandemic on social and economic life in our country, a provisional article has been added to the Turkish Commercial Code (“TCC”)
“The Law of Product Safety and Technical Regulations” (“Law”) No. 7223has been enacted through the Official Gazette numbered 31066 and published on 12 March 2020. The Law will enter in
A. Introduction According to the Law on Protection of Personal Data No. 6698 (“Law”), explicit consent of the person must be obtained in order transfer his/her personal data1 abroad; however,
Coronavirus (Covid-19), that appeared as of December 2019, has rapidly spread to millions of people around the world. As a consequence of this issue, World Health Organization (WHO) declared a
Within the scope of this info note, certain significant amendments on labor legislation made with the Law on Decrease of Effects of New Coronavirus (Covid-19) Epidemic on Economic and Social
This information note is prepared to notify the amendments and additional restrictions of Banking Regulation and Supervision Agency (BDDK) made with respect to the previous decisions dated December 18, 2019
This article consists of two parts; in the first part, the circular of the Ministry of Family, Labor and Social Services, General Directorate of Labor dated 23.03.2020 on Coronavirus measures
MEMORANDUM Date: April 22, 2020 To: From: Bener Immigration Team Cc: Subject COVID 19 Turkey Alert This information is updated as of April 14, 2020 in relation
1. Amendments to Execution and Bankruptcy Law With the provisional article 1 of Law No. 7226; the periods regarding the Execution and Bankruptcy Law numbered 2004 and the law of
Amendments On Bounced Checks, Protested Bonds, Credit And Credit Card Debts Brought About By Law No. 7226 1. Amendments On BouncedChecks, Protested Bonds, Credit And Credit Card Debts Provisional article
Regulations related to certain significant amendments on labor law legislation that are made with respect to Covid-19 as per Law No. 7226 on Amendment of Certain Laws (“Law”) that is
As known, COVID-19 pandemic that has been effective in the whole world has adversely affected Turkey as well and the government has taken significant precuations including closing of certain workplaces.
Pursuant to the Decision No. 2279, published in the Official Gazette dated 22.03.2020 and entered into force, the authorization granted to the President by the Execution and Bankruptcy Law No.
Within the scope of Economic Stability Shield package announced by President of Turkey, Recep Tayyip Erdoğan, on 18.03.2020, it was declared to public that the short-time working allowance will be
Within the scope of the announcement of the Ministry of Trade dated March 20, 2020, it was announced that for the purpose of preventing the COVID-19 pandemic from spreading, various
On 18.03.2020, following the Coronavirus Evaluation Meeting, President of the Republic of Turkey, Recep Tayyip Erdoğan, has drawn attention to the importance of the New Coronavirus (Covid-19) disease and informed
Within the scope of the Coronavirus (Covid-19) epidemic taking effect across the world, as well as in Turkey, we would like to provide you with summary information you regarding the
Within the scope of the Regulation on the Amendment of the Regulation on After Sales Services published in the Official Gazette dated 12.02.2020 and numbered 31037 (“Amendment Regulation”), a number
Within the scope of the Regulation On Amendment of the Regulation on Commercial Communication and Commercial Electronic Messages (“Amendment Regulation”) published at the Official Gazette on 04.01.2020, certain important amendments
Today the Data Protection Board has announced that they have extended the VERBIS registration deadline as follows: Data Controller Last date for registration Real and legal person data controller which
As you may recall from the previous information we shared, the Law on Protection of Personal Data (“Law”) entered into force on April 07, 2016. Your company will be subject
Today the Data Protection Board has announced that they have extended the VERBIS registration deadline for the following data controllers to 31 December 2019. Real and legal person data controller
As you might be aware, Law on Protection of Personal Data (“Law”) is a law that is in effect and applicable as of April 07, 2016. Pursuant to the Law,
“Law on Procedure regarding Initiation of Execution Proceedings with regards to Pecuniary Claims arising from Membership Agreement” no. 7155 (“Law”) is published at the Official Gazette dated 19.12.2018 and numbered
Pursuant to the regulations implemented with the Regulation on Electronic Notification (“Regulation”), which is published at the Official Gazette on 06.12.2018 and which will enter into force on 01.01.2019, procedure
According to the Decree (Decree No. 2018-32/52) on Amendment of the Decree Regarding the Decision no.32 on the Protection of the Value of Turkish Currency (Decree No. 2008-32/34) (“Decree”), which
According to Decree on Amendment of Decree no. 2008/32-34 Regarding the Decision no.32 on the Protection of the Value of Turkish Currency (“Decree”), repealed article 8 of the Decree no.
The Communique (“Communique”) regarding the Procedures and Principles of Implementation of Article 376 of the Turkish Commercial Code Numbered 6102 (“TCC”), was published in the Official Gazette on September 15,
Resolution on Amendment Regarding the Resolution on Protection of the Value of Turkish Currency Numbered 32 (“Resolution”) has been published on Official Gazette on 13.09.2018. Please find below our preliminary
The provisions regarding notification obligations of the “the Regulation on Implementation of the Foreign Direct Investment Law” (“Regulation“) has been amended with “the Regulation on the Amendment of the Regulation
With the Council of Ministers’ Decree numbered 2018/11597 with the title “Decree on the Determination of the Companies subject to Independent Audit”, which entered into force by being published at
For the purpose of clarification of matters with regard to the Decree No. 32 on the Protection of Value of Turkish Currency of the Council of Ministers numbered 89/14391 and
The Decree Numbered 32 on the Protection of Value of Turkish Currency (the “Decree”) of the Council of Ministers numbered 89/14391 and published in the Official Gazette dated August 7,
Article 5 regarding the conditions precedent to be applied before initial public offering of shares of non-public companies of the Communique on Shares (the “Communique”) published in the Official Gazette
Article 57 of the Electricity Market Licensing Regulation, which was issued by Energy Market Regulatory Authority (“EMRA”) and published in the Official Gazette dated 02/11/2013 and numbered 28809 (the “Regulation”)
The Law on Pledge of Movables in Commercial Transactions (“Law”) numbered 6750 was published in the Turkish Official Gazette on September 28, 2016 and will enter into force on January
NEWSLETTER REGARDING LAW ON INTERNATIONAL WORKFORCE On August 13th, 2016, Turkey finally published the “LAW ON INTERNATIONAL WORKFORCE” (Law No. 6735) in the official gazette. This new work permit
According to the decision of the Council of Ministers dated July 20, 2016 and numbered 2016/9064 announced at the Turkish Official Gazette dated July 21, 2016, the Council of Ministers