THE LAW PROPOSAL ON AMENDING SOME LAWS AND DECREE LAW NUMBERED 399

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The Law Proposal on Amending Some Laws and Decree Law numbered 399 has been accepted in the Planning and Budget Committee.

Following are aimed with the “Law Proposal on Amending Some Laws and Decree Law numbered 399”;

-Eliminating the potential damages of citizens suffering from earthquakes in Manisa, Elazığ, Malatya, Diyarbakır, Adıyaman, Tunceli and Van Provinces in the year of 2020,

-Not cutting the monthly salaries of the citizens who are abroad and work in jobs called short-term jobs,

-Having Vakıf Gayrimenkul Yatırım Ortaklığı Anonim Şirketi benefited from the exemption provided to other public banks, their subsidiaries and affiliates,

-Having the real estate investment trusts of Vakifbank of Turkey that operate according to the Capital Market Law not to be subject to the Public Procurement Act,

-Increasing the initial allowances of the limit of special domestic government loan which was stated under the subparagraph (a) of the Article 1 of Central Government Budget Law Numbered 7197 bills up to their 5% for the year of 2020 in order to meet the possible additional financing needs of public institutions and organizations and public banks due to the Covid-19 pandemic,

-Regulating the form of contracts between card issuers and cardholders within the scope of the Bank Cards and Credit Cards Law,

  • In this way, it is being allowed to establish a contractual relationship between banks and customers for the first time, for banks to use other methods suitable for the technology of the day without meeting the potential customers in person, without using physical documents and wet signatures.

-Actualizing the arrangements for electronic ways of establishment and termination of the subscription agreements in electronic environments besides the written procedure,

  • Accordingly, consumers will have the right to make a contract with the operator that provides this service while subscribing to the electronic communication service. The contract will be established in written or electronically. In contracts to be made electronically, the methods to be determined by the institution that would allow the identity of the applicant to be verified will be used and the procedures and principles regarding these will be determined by the institution.
  • During the termination of the subscription agreements, the condition of the notification of the subscriber’s request in written will be removed. The consumer will also be able to submit his/her request through electronic methods, too.

-Increasing the period given from 3 months to 1 year for the payment of the unpaid part of the check value within the scope of the regulation regarding the cessation of the execution of the sentences of those convicted for the unrequited check,

  • With the arrangement made in the Law of Cheques, the person convicted of the dud check will have to pay one tenth of the unpaid portion of the check value within 1 year from the date of release. In case the person pays the remaining part in 15 equal instalments in each two months from the end of the 1-year period, the court shall decide to eliminate the criminal conviction with all the consequences. In case at least one tenth of the unpaid portion of the check value is not paid within 1 year after the execution is paused, the court shall decide on the continuation of the execution of the verdict upon the complaint of the creditor.

-Regulating the form of contracts between banks, financial leasing companies, factoring companies and financing companies and their customers,

  • According to the regulation, the contracts between financial leasing, factoring, and financing companies and their customers shall be regulated in a way which it may be established in written or through a communication system in a distant manner or not and which the written form would be met through remote communication manners and which will  allow the verification of customer identity. The procedures and principles regarding this will be determined by the board.

-Having the implementation of the penalty for those who trade tobacco without a certificate of authorization or a valid notification and for those who sell macaron or leaf cigarette paper for commercial purposes and for those who sell cigarette paper filled with chopped tobacco or with anything else besides tobacco, enter into force on 1/7/2020

-Postponing the penalty for those who trade tobacco without a certificate of authorization or a valid notification from/to the Ministry of Agriculture and Forestry for one year.

-Establishing an internal control system in Public Economic Enterprises and its subsidiaries and ensuring that the financial and social rights and transportation allowances of the internal auditors employed shall be equivalent to the internal auditors of the ministry.

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Mert-Yalcin

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