New Regulation Regarding Mandatory Electronic Notification
Electronic Notification Regulation (“Regulation”) has been published in the Official Gazette on 6 December 2018. The Regulation, which is based on Article 7/a of the Notifications Law, shall enter into force on 1 January 2019.
As per the Regulation, the obligation to send notifications to certain legal entities and/or real persons only by electronic means shall initiate to apply. İn Article 5/1 of the Regulation, these entities and real persons are determined as follows:
Public authorities listed in schedules (I), (II), (III) and (IV) attached to tha Public Finance Management and Control Law dated 10/12/2003 and numbered 5018, together with the circulating capital institutions of these public authorities,
Local administrations defined in the Law numbered 5018,
Other public authorities and institutions established by special laws and funds and bail funds established by law,
State-owned enterprises and their subsidiaries, institutions and enterprises,
Other partnerships with more than 50% state-owned shareholding,
Professional associations and supreme councils having public institution status,
All private legal entities including those which are established by laws,
Attorneys-at-law / Lawyers who are registered with Bar Associations,
Registered intermediators and experts,
Units where the persons authorized to represent administrations, state-owned enterprises or other partnerships having more than 50% state-owned shareholding; before judicial and administrative authorities, execution offices or arbitrators as proxy holders.
Article 5/2 of the Regulation stipulates that real persons or legal entities, which are not subject to electronic notification obligation may also obtain electronic notification address upon their requests. In such case, it will be obligatory as well to send notifications to these persons only by electronic means.
For those who are subject to electronic notification obligation, applications should be made by the relevant institutions, organizations or unions to the Post and Telegraph Administration (“PTT”) in one month starting from 1 January 2019.
PTT will create the electronic notification addresses in one month starting from the applications. For persons and entities mentioned in Article 5/1, the notification of this address to the addressee will be made through notifications to the to the relevant institutions, organizations or unions.
For persons and entities mentioned in Article 5/2, PTT will deliver the electronic notification address to the respective person and this address will be immediately active.
Notification by electronic means will be deemed served on the fifth day following its delivery to the recipient’s electronic notification address. Persons to be notified by electronic means will be able to access their electronic notification addresses by using secure electronic signature or by confirming their identity via e-government gateway or by using the password obtained from PTT together with the single-use confirmation code to be received via SMS.