The Electronical Era Has Begun for Notices
As is known, the information regarding the notifications made in electronical environment is given in the Art. 7/a of 7201 numbered Notification Law amended with the 7101 numbered Law which is published in the Official Gazette on 15.03.2018; and it is mentioned in the same Law that the procedures and principles of e-notification shall be determined with a regulation. The “Electronical Notification Regulation” (the “Regulation”) is published on 06.12.2018 in the 30617 dated Official Gazette by the Ministry of Justice. You may reach the full text of the Regulation here.
The Regulation is drafted with considering the principles such as providing submission, notification and documentation; information security along with te protection of personal data; ensuring service quality and national/international criteria. The Regulation shall determine the real person and legal entities for whom it is mandatory to make a notification electronically:
- Public administrations within the annexed tables of Public Finance Management and Control Law and other related institutions with circulating capital;
- Local administrations determined in the Law no.5018;
- Other public institutions and organizations established with special law along with the funds and surety funds established with a law;
- State economic enterprises and their related partnerships, foundations and businesses;
- Other partnerships of which 50% capital belongs to state;
- Professional organizations as public institutions and supreme institutions;
- All private law legal entities;
- Lawyers registered to the bar;
- Intermediators and experts registered in the registry;
- Institutions of persons that are authorized to represent administrations, public economic enterprises and other associations having more than 50% of their capital belonging to public; judicial and administrative authorities, execution directorates and arbitrators.
The real person and legal entities apart from the abovementioned ones shall be able to obtain an electronical notification address if demanded.
The persons for whom it is mandatory to obtain an electronical notification address, shall apply to Turkish Post Office within 1 (one) month from the starting date of necessity. The execution date of the Regulation is determined as 01.01.2019. The information and documents needed for the application as follows:
- The number and system information in the “State Organization Central Recording System” for the public institutions and organizations;
- MERSIS number and system information for the legal entities that already registered to the MERSIS;
- T.R. ID number for the Turkish citizens; alien ID number, blue card number, passport or secure electronic signature for the foreigners.
After the application to PTT, the electronical notification address shall be formed within one month and shall be registered to the UETS. The context of the notification shall be coded to provide security and shall be seen only by the respondent.
In the Regulation, it is acknowledged that the notification shall be deemed as done at the end of the fifth day starting from the delivery date. A notification message shall be sent to the respondent when the electronical notice is delivered to the address. You may reach the electronical notice address via secure electronical signature or verifying your ID on e-Devlet system.