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Legislation - CottGroup Holistic Business Services

26November2020

Commercial Electronic Message Management System and New Applications

The publication below may be out of date due to postponements and recent announcements. Please contact your client representative to have further information and for your queries about the recent announcements regarding your legal obligations.

With the Directive on Amendment on the Commercial Communication and Commercial Electronic Messages published in the Official Gazette No. 31227 dated 28.08.2020, Article 2 of the Directive on Commercial Communication and Commercial Electronic Messages ("E-Commercial Directive" or "Directive") has been changed, according to this change the deadline for transferring the received confirmations to the Message Management System ("IYS") has been extended until 1.12.2020. What is IYS? Who are subject to the Law? What should responsible parties do until the deadline?

In this article, we will explain the basic principles of commercial communication to be established with electronic messages within the framework of the current regulations and IYS.

What is Electronic Commercial Message, In Which Situations Do E-Message Legislation Apply?

Electronic commercial messages are regulated under the Electronic Commerce Law ("E-Commerce Law" or "Law"), Directive and relevant legislation.

The Directive covers the commercial communication established by means of electronic communication for the purpose of promoting service provider's goods, services or business, for marketing purposes or for the purpose of doing them on behalf of someone else. However, some transactions subject to private sectoral regulations are exempted from the Directive. These are:

Author CottGroup Hukuk ve Mevzuat Ekibi, Category Turkish Commercial Code

17November2020

Certain Amendments Have Been Made Through Omnibus Law

New amendments have been made with the Law on Amending Certain Laws and Restructuring of Certain Debts No. 7256, dated as 11 November 2020, and published in the Official Gazette No. 31307 dated 17 November 2020.

While the definite public and certain other receivables were restructured within the scope of the mentioned Omnibus Law, a new repatriation of assets was brought. Also, amendments have been made which can affect Income Tax Law, Corporate Tax Law and Value Added Tax Law considerably.

Details on debt restructuring are as below;

  • Restructuring of receivables up to 500 billion TL, encompasses receivables before 31st August 2020.
  • Those who want to benefit restructuring can apply until the end of 2020.
  • If debts are paid in first installment, 90% of the late interest will be cancelled.
  • Within the scope of restructuring, installments will be paid in every two months and can be split into 18 months.
  • Payments regarding the Ministry of Treasury and Finance will start in January 2021.
  • Payments to be made to SSI will start in February 2021.

Author Selma Kıy, Category Taxation Law

17November2020

New Regulations on Employment Incentives & Debt Structuring

New regulations came into force for employers and employees with the Law No. 7256 published in the Official Gazette, dated 17 Nov 2020, numbered 31307.

Important Points Regarding the Additional Employment Incentives as per the New Regulation

For those who benefit from unemployment benefits, long-term insurance premiums to be calculated for the period they benefit from the unemployment benefit will be covered by the Unemployment Insurance Fund, if they are employed within 90 days following their termination, work subject to uninterrupted service contract for 12 months and make a request.

The President has been authorized to extend the Employment Incentive practice of Young, Women and those with professional certificates until 31/12/2023.

The President has been authorized to extend the additional employment support in the provisional article 19 of the Unemployment Insurance Law until 31/12/2023.

The President has been authorized to extend the income tax withholding incentive and stamp tax support provided to private sector employers who provide additional employment in accordance with Law No. 7103 until 31/12/2023.

The effective date of the Tradesmen's ahi-order Fund application has been changed as 31/12/2023.

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation, Taxation Law

06November2020

Decisions of Istanbul Public Health Board - November 2020

Istanbul Public Health Board has announced new measures on 04.11.2020 for Covid-19.

As per these decisions, the following workplaces should be closed at 22:00, the latest:

  • Restaurants, cafes, patisseries except deliverers,
  • Coffeeshops,
  • Barbers, coiffeurs,
  • Wedding ceremony halls,
  • Sport centers,
  • Internet cafes, game centers,
  • Theatres, cinemas, concert halls,
  • Swimming pools, etc. places.

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation

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