Regulation On Electronic Notification
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 for electronic notification has been made obligatory for certain persons and institutions and the details of such notification procedure are included in the Regulation. Significant regulations implemented with the Regulation are detailed in this information note.
1. Subject and Scope
Purpose of the Regulation is to set forth the procedures and principles related to the notification to be made in electronic environment. The Regulation covers the matters related to electronic notification to be made via Posta ve Telgraf Teşkilatı Anonim Şirketi (PTT) by the authorities1 that are authorized to send notifications pursuant to the Notification Law numbered 7201.
2. Persons and Institutions, to which the Notifications Must be Sent Electronically
Persons and institutions listed in article 5/1 of the Regulation are the persons and institutions, to which the notifications must be made electronically. In other words, the notifications to be made to such persons and institutions via PTT by the authorities as per the Notification Law are obliged to be made electronically. The aforementioned persons and institutions are set forth below:
- Public administrations set out in the tables numbered (I), (II), (III) and (IV) attached to the Public Finance Management and Control Law numbered 5018 and institutions with circulating capital that are affiliated to such public administrations,
- Local administrations defined in the Law numbered 5018,
- Other public institutions and organizations established in accordance with special laws and funds and surety funds established with the laws,
- Government business enterprises and their subsidiaries, institutes and businesses,
- Other partnerships, of which more than fifty per cent of the capital belongs to the public,
- Public professional organizations and their parent institutions,
- All legal entities under private law, including those established pursuant to laws,
- Notary publics,
- Lawyers registered at the bar association,
- Mediators and experts registered at the registry,
- Units, to which the persons that are authorized to represent administrations, government business enterprises or other partnerships, of which more than fifty per cent of the capital is owned by the public, before civil and administrative judicial authorities, execution offices or arbitrators with the capacity of representative.
Except for the above mentioned persons and institutions, the notifications to be made by the authorities as per the Notification Law are not obliged to be made electronically. However, upon the request of such persons, it is also obligatory for the notifications to be made electronically to such persons in accordance with the Regulation.
3. Establishment of Electronic Notification Addresses
For the provision of the notification addresses to be used for electronic notification to the persons and institutions listed in article 5/1 of the Regulation, the relevant institutions, organizations or associations2 are obliged to apply to PTT within 1 month as of the commencement of the relevant obligation (i.e. within 1 month as of 01.01.2019).
Below information and documents must be added to the application:
- Unique number and system information located in the Central Registration System of the State Organization (DETSİS) for the public institutions and organizations and associations; the system information that they are subject to for those which are not registered in DETSİS,
- Central Registration System (MERSİS) number and system information for the legal entities registered in MERSİS; the system information that they are subject to for those which are not registered in MERSİS,
- Identity information, including Republic of Turkey identity number, for real persons that are Turkish citizens; identity information, including foreign identity number, for foreign real persons.
During the application, PTT may request additional information and documents in addition to the above mentioned.
PTT establishes the electronic notification address within 1 month as of the date of application in a single and unique manner, based on the identity information for real persons and the system information that they are subject to for legal persons, and record those in UETS3.
PTT sends the electronic notification address established by it to the relevant institution, organization or association in order to be delivered to the owner of the address. PTT immediately makes the relevant address available for the authorities that are authorized to send notifications following the receipt of the information that the delivery process is realized.
4. Procedures and Principles Regarding the Sending of the Notification
Procedures and principles regarding the sending of the notification are stipulated in Section Three of the Regulation. In this respect, the procedure operates as follows:
- The authority authorized to send notifications will prepare the electronic notification message and deliver it to UETS. UETS will associate the electronic notification message with the time stamp and deliver it to the electronic notification address of the addressee. In order to provide confidentiality, the content to be notified and the attached documents are encrypted by UETS and they are only displayed by the addressee.
- Notification by electronic means shall be deemed to have delivered at the end of the fifth day following the date, on which the notification is delivered to the electronic notification address of the addressee.
- The addressee, which wants to be informed with regards to the delivery of the electronic notification message to its electronic notification address, informs PTT in relation to its electronic mail address or a telephone number with the function to receive short messages. PTT transmits an informing message to the addressee at the time the electronic notification is delivered to the address of the addressee. This message is transmitted to the telephone with the function to receive short message in consideration for its fee and to the electronic mail address free of charge. It shall not affect the validity of the notification, in the event the information in this respect could not be made or delayed due to any reason.
- UETS keeps the records of the evidence records regarding the fact that whether the electronic notification is delivered to the address of the addressee and immediately (in twenty four hours at the latest) inform the authority authorized to send notifications in relation to such records.
- Evidence records are considered as conclusive evidence, unless they are proven otherwise.
- In the event the electronic notification cannot be made due to an obligatory cause, the notification shall be made in accordance with other procedures set forth in the Notification Law.
As a consequence, it shall become obligatory for the notifications to be made to the persons and institutions, which are stated within the scope of article 5/1 of the Regulation, by the authorized authorities through PTT as of 01.01.2019 shall be made electronically and the persons and institutions, which are stated within the scope of article 5/1 of the Regulation, including legal entities under private law, are obliged to apply to PTT within 1 month following such date in order to receive electronic notification address.
However, for the above mentioned system to operate, UETS is required to be established primarily. Therefore, the actual implementation of electronic notification system may be postponed after 01.01.2019.