Coronavirus:

COVID-19 INSIGHTS: OUR LEGAL GUIDANCE FOR BUSINESSES

COVID-19 INSIGHTS: OUR LEGAL GUIDANCE FOR BUSINESSES

The novel coronavirus (Covid-19 disease) is having a deep impact on commercial life and gives rise to significant risks and challenges for businesses from all sectors. Businesses must act promptly and implement effective measures to mitigate these risks and challenges.

Our “Covid-19 Insights” is designed to keep our clients abreast of the legal developments as regards Covid-19 and ease their decision-making processes. In this page, you will find our client alerts and articles regarding Covid-19, categorized based on legal subjects for ease of reference.

As always, we are at your service for any questions or requests. You can reach your usual contacts at our firm directly or contact us via phone (+90 212 213 23 00) or email (info@ersoybilgehan.com).

Banking and Finance

President Reduces Tax on Foreign Currency Purchases From 1% Back to 0.2% (06.10.2020)

With the Presidential Decree numbered 3031 published in the Official Gazette dated 30 September 2020, the BITT rate is now reduced from 1% back to 0.2%, to be effective from the date of publication of the decree.

Corporate and Commercial

Restrictions Have Ended: Companies Can Now Freely Distribute Dividends (06.01.2021)

The restrictions on companies’ distribution of their profits have been lifted as of 1 January 2021. In other words, it is now possible for companies to distribute their previous year's profits and free reserves and to authorize their board of directors to distribute advance profits.

Restrictions on Dividend Distributions to Continue for Another Three Months (18.09.2020)

The Presidential Decree numbered 2948 published in the Official Gazette dated 18 September 2020 extended the term for the restrictions on the distribution of dividends from 30 September 2020 to 31 December 2020.

Government Raises Tax on Foreign Currency Purchases from 0.2% to 1% (01.06.2020)

Effective from the date of publication of the decree, the BITT rate will be increased from 0.2% to 1%

Government Publishes Exceptions to Restrictions on Distribution of Profits (21.05.2020)

Exceptions to restrictions on companies’ distribution of their net profits in 2019 was published in the Official Gazette on 17 May 2020 through the Communiqué on the Principles and Procedures of Implementation of the Temporary Article 13 of the Turkish Commercial Code and entered into force the same day.

Legislative Proposal Passes Parliament: Profit Distributions by Companies are Now Restricted (17.04.2020)

The Omnibus Law provides for a temporary article to be inserted into the Turkish Commercial Code no. 6102, setting out restrictions on companies’ distribution of their net profits in 2019. Accordingly, cash profit distribution of companies cannot exceed 25% of their net profits belonging to 2019.

Legislative Proposal Sets out Restrictions on Profit Distributions by Companies (15.04.2020)

Legislative Proposal concerning the Law on Diminishing the Negative Impact of the Novel Coronavirus in Financial and Social Life and Amendment to Certain Laws is submitted to the Grand National Assembly as of 14 April 2020. Article 11 of the Legislative Proposal provides for a restriction on distribution of profits by companies in 2019.

COVID-19: Measures in relation to Public Procurement Contracts (02.04.2020)

As one of the measures implemented in order to prevent the negative effects of COVID-19 in economic life, The Circular on the Effect of the COVID-19 Pandemic on Public Procurement Contracts No. 2020/5, has entered into force upon its publication in the Official Gazette No. 31087 dated 2 April 2020.

Data Protection

Term for Registration with Data Controllers Registry Extended Yet Again (15.03.2021)

The Data Protection Board has extended the term for registration with data controllers registry for all data controllers until 31.12.2021.

Final Warning and Time Extension for Data Controllers to Comply with Registration Obligations (02.10.2020)

Having identified that some of the data controllers have not been able to complete their registration with VERBIS (i.e. the data controllers’ registry) due to Covid-19 related reasons, the Personal Data Protection Board granted a de facto time extension to the data controllers for fulfilling their registration obligations. The decision no. 2020/760 and dated 1 September 2020 on the “extension” was announced on the Board’s website yesterday.

The Deadline for Registration with Data Controllers’ Registry Has Been Extended due to Covid-19 (24.06.2020)

The Data Protection Board has announced that it has extended the deadline for registration with the Data Controllers’ Registry Information System (“VERBIS”) with its decision 2020/482.

The Fight Against Coronavirus in The Workplace: A Data Protection and Employment Law Perspective (Part 1) (16.03.2020)

Albeit the vitality of a pandemic, businesses are subject to certain limitations and obligations deriving from data protection and employment law. This article reviews the matter from a data protection perspective.

Employment

Terms of Termination Prohibition and Mandatory Unpaid Leave Have Now Expired (05.07.2021)

The terms of termination prohibition and mandatory unpaid leave have expired.

Terms of Termination Prohibition and Mandatory Unpaid Leave Extended Yet Again (03.05.2021)

The Presidential Decree numbered 3930 published in the Official Gazette dated 30 April 2021 extended the terms for termination prohibition and mandatory unpaid leave again until 30 June 2021.

Period of Short-Term Working Subsidy Extended until 30 June (28.04.2021)

Pursuant to the Presidential Decree numbered 3910 published in the Official Gazette dated 23 April 2021, the period of short-term working subsidy has been extended until 30 June 2021.

Covid-19 Accelerates Introduction of a New “Remote Working Regulation” (29.03.2021)

The Regulation on Remote Working prepared by the Ministry of Family, Labour and Social Services, entered into force upon its publication in the Official Gazette No. 31419 and dated 10 March 2021.

The Terms of Termination Prohibition and Mandatory Unpaid Leave Extended Yet Again  (12.03.2021)

The terms of termination prohibition and mandatory unpaid leave have been extended until 17 May 2021.

Period of Short-Term Working Subsidy Extended Yet Again (23.02.2021)

Pursuant to the Presidential Decree published in the Official Gazette dated 19 February 2021, the period of short-term working subsidy has been extended until 31 March 2021.

Terms of Termination Prohibition and Mandatory Unpaid Leave Extended Yet Again (30.12.2020)

The terms for termination prohibition and mandatory unpaid leave are extended for two months.

Short-Term Working and Applications Thereof are Extended (24.12.2020)

The government has extended the terms of short-term working and applications thereof.

Government Allows New Covid-19 Related Applications for Short-Term Working Subsidy (02.12.2020)

The Presidential Decree numbered 3238 published in Official Gazette dated 1 December 2020 extended the term for benefiting from softened application requirements until 31 December 2020

Terms of Termination Prohibition and Short-Term Working Extended Yet Again (28.10.2020)

The Presidential Decrees numbered 3134 and 3135 published in the Official Gazette dated 27 October 2020 extended the terms for termination prohibition, mandatory unpaid leave, and short-term working for two months.

Terms of Termination Prohibition and Mandatory Unpaid Leave Extended Again (04.09.2020)

The Presidential Decree numbered 2930 published in the Official Gazette dated 3 September 2020 extended the terms for termination prohibition and mandatory unpaid leave for two months

Term of Short-Term Working Subsidy Extended Yet Again (01.09.2020)

The Presidential Decree numbered 2915 published in the Official Gazette dated 30 August 2020 extended the period of short-term working subsidy for 2 months for the same employees under the same conditions in workplaces that applied for short-term working before 30 June 2020 due to force majeure events originating from Covid-19.

Terms of Termination Prohibition, Mandatory Unpaid Leave and Short-Term Working Extended Yet Again (07.08.2020)

The terms of the prohibition on termination of employment contract, mandatory unpaid leave, and the financial aid for employees on mandatory unpaid leave have been extended from 17 August 2020 to 17 September 2020.

Parliament Broadens President’s Authority to Extend the Term of Termination Prohibition until 30 June 2021 (30.07.2020)

As the Labour law currently stands, termination prohibition will end on 17 August 2020. However, the extension of the president’s authority to extend the term of the prohibition for almost a year can be interpreted as a sign that the term of termination prohibition and unpaid leave is likely to be extended further.

Terms of Termination Prohibition, Mandatory Unpaid Leave, And Short-Term Working Extended (03.07.2020)

The terms of the prohibition on termination of employment contracts, mandatory unpaid leave, and the financial aid for employees on mandatory unpaid leave have been extended for 1 month.

New Law Prohibits Termination of Employment and Allows Mandatory Unpaid Leave and Financial Aid (21.04.2020)

The Omnibus Law provides a prohibition on termination of employment contracts for a certain period as well as setting out mandatory unpaid leave and financial aid for employees.

The Fight Against Coronavirus in The Workplace: A Data Protection and Employment Law Perspective (Part 2) (30.03.2020)

Due to the rapid spread of the novel coronavirus in the past couple of months, many workplaces around the world and in Turkey have implemented a variety of measures. This article reviews these measures from a labor law perspective.

General Contract Law

Possible Effects of Covid-19 on Contracts: Hardship (08.04.2020)

Lack of active participation of millions to the economic life for long periods will have short and long-term effects on the supply chains, and the trade relations and therefore it is inevitable that many natural and legal persons will have a hard time fulfilling their contractual obligations, or will simply not be able to do so.

Information Technologies

Deadlines for the Centralized Commercial Message Management System are Extended Again (28.08.2020)

Pursuant to the Regulation Amending the Regulation on Commercial Communication and Commercial Electronic Messages which was published in the Official Gazette today, the deadline for registering the opt-in consents of recipients with IYS is extended again to 1 December 2020.

Deadlines for the Centralized Commercial Message Management System are Extended (28.05.2020)

The Ministry of Commerce extended the deadline for registering the opt-in consents of recipients with IYS until 31 August 2020 with an announcement on the Ministry’s website on 23 May 2020. Accordingly, the recipients will need to check the opt-in consents registered in their names by 1 December 2020.

Turkey to Centralize Marketing Consents in a New Electronic System Resembling Do-Not-Disturb Registries (06.03.2020)

Pursuant to the Regulation Amending the Regulation on Commercial Communication and Commercial Electronic Messages (“Regulation”) that was published in the Official Gazette dated 4 January 2020 and numbered 30998, all natural and legal entities that deliver electronic commercial messages are obliged to register with the Centralized Commercial Message Management System (“IYS”).

Intellectual Property

Government Aid to Private Theatre Projects are Revised (11.05.2020)

Litigation

Deadlines for the Submission of Cheques and the Enforcement Proceedings of the Bills of Exchange Have Been Suspended! (30.04.2021)

Court Hearings Postponed As Per New Measures Against Covid-19  (28.04.2021)

Suspension of the Procedural Deadlines Now Extended to 15 June 2020 (30.04.2020)

A further precaution has been implemented in the judiciary system in relation to the COVID-19 disease.

Law Suspending the Procedural Deadlines is Now Published in The Official Gazette (27.03.2020)

While COVID-19 continues to spread, on 25.03.2020, the Grand National Assembly enacted the Law No. 7226 on the suspension of the procedural deadlines for the purpose of preventing loss of any rights due to the pandemic.

The Grand National Assembly Suspends Procedural Deadlines Until 30 April 2020 (25.03.2020)

Following the postponement of the hearings and the suspension of the enforcement proceedings due to the COVID-19 pandemic, the authorities have now issued a new regulation with regard to the deadlines in the adjudication proceedings.

Turkish Authorities Implement Additional Measures in the Judiciary to Curb Spread of Covid-19 (23.03.2020)

The authorities continue to implement precautions in the judiciary system in order to prevent the spread of the COVID-19 disease caused by the new corona virus.

Maritime, Shipping, and Transport

New Framework on Crew Changes During COVID-19  (08.12.2020)

Government issues new framework on crew changes during COVID-19 in compliance with the IMO’s circular letter No. 4204/Add. 1

New Precautions Issued for Marine Transport Industry to Fight the Covid-19 Pandemic (17.03.2020)

With the global community holding their breath to see how the COVID-19 pandemic will affect all aspects of our lives, from business to our daily behavior, governments are issuing precautions to slow down the worrying trend of the infection.

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