The Regulation On Lease Contract Concluded Through The E-Government Gateway Has Been İmplemented As Of 04.11.2024. The Ministry of Treasury and Finance’s Risk Analysis Directorate General has prepared the 2023-2025 Action Plan for the Fight Against the Informal Economy (“Action Plan”), which outlines legal, administrative, and technical measures to combat the informal economy. Among these measures, the provision regarding the “Regulation of Lease Contracts through the e Government Portal” is included in Article 36 of the Action Plan. The new regulation allowing lease contracts to be drafted through the e Government system is planned to be implemented in two phases. The first of these phases started to be implemented on 04.11.2024. The Ministry of Treasury and Finance (“Ministry”) has projected that the second phase, which has not yet been implemented, will begin providing services by the end of the year.  In the first phase of the implementation, it has been determined that only individuals 18 years of age and older will be able to benefit from this service. The property owner must initially prepare a lease contract through the “Ministry of Treasury and Finance / Lease Contract Procedures” section on the e-Government Portal, ensuring that the contract includes all details such as the tenant’s identification information, rent amount, payment terms, and deposit. After the property owner prepares the lease contract, the tenant will be given a 3-day period to approve it. Once the approval is completed, the e Government system will generate a barcode-enabled document. Article 299 of the Turkish Code of Obligations (No. 6098) (“Code”) defines a lease contract as follows: ” The lease agreement is the contract in which the lessor undertakes to leave the use of something or to benefit from it together with the use to the lessee, and the tenant undertakes to pay the agreed rent in return.” As can be understood from this definition, the Code does not explicitly state that the lessor must be the owner of the property. However, the newly implemented e-Government system stipulates that only the property owner can act as the lessor. Thus, a limitation has been imposed on the freedom of contract. This regulation aims to prevent common legal issues in practice, such as agency without authority, summary possession, adequate pay, and indemnity to the property owner, tenant, and an unauthorized third party signing the lease agreement as the lessor.Additionally, since a suretyship requires a special written form under the law, there are concerns that a valid suretyship may not be possible if the lease contract is conducted through the e-Government Portal, as the written form requirement would not be fulfilled. Furthermore, it should also be noted that the approval of all shareholders is mandatory in the case of joint ownership, and the approval of the majority of the shareholders is mandatory in the case of shared ownership.  In the second phase, which has not yet been implemented, it is planned to include real estate consultants and authorized individuals in the functions of preparing lease contracts and submitting them for the parties’ approval. The Ministry has decided that this phase will be implemented by the end of the year. The inclusion of individuals other than lawyers in the “contract preparation” function in the second phase has caused legal discussions. In the letter titled “Works on Lease Contracts to Be Made via the e-Government Portal” dated 04.11.2024, sent by the Turkish Bar Association (“TBB”) to the Ministry of Treasury and Finance, it was stated that “The authority to prepare and submit the lease contract for approval by the property owner and the tenant, as foreseen for the second phase of the planned implementation, should only be granted to lawyers in accordance with the provisions of the Attorney’s Act.” It has been determined that lease contracts made through the e-Government system will have all the legal consequences of the lease contract provisions found in Articles 299 et seq. of the Code. Conclusion Although the regulation allowing lease contracts through the e-Government system is a highly innovative arrangement in terms of transparency and practicality, when evaluating the process in all its legal dimensions, there are various shortcomings as mentioned above. Given that the regulation is quite new, it is expected that the existing gaps will be filled over time.

In the latest edition of The Legal Industry Reviews Türkiye, our firm’s Managing Partner Atty. Evrim Uygur Yamaner and Associate Atty. İrem Özbay have imparted their insights on the subject of Protection of Shareholders’ Rights in Mergers, Divisions, and Conversions in Turkish Commercial Law. For an in-depth exploration shareholders’ rights, we kindly invite our valued clients and connections to access the article through the following link: https://thelegalindustry.com/turkey/

Proposal of The Law Amending the Animal Protection Law, which was accepted by a majority vote during the deliberations in the Grand National Assembly of Turkey, has been enacted as Law No. 7527 on Law Amending the Animal Protection Law. It was published in the Official Gazette dated 02.08.2024, issue number 32620, and has come into force. We hope that the information note we have prepared in both Turkish and English regarding the Amendment Law, which brings about many fundamental changes to the Animal Protection Law, will be beneficial to interested parties.

Our firm’s Managing Partner Atty. Evrim Uygur Yamaner and Associate Atty. İrem Özbay have imparted their insights on the subject of “Law Amending the Animal Protection Law”. For an in-depth exploration regarding animal rights, we kindly invite our valued clients and connections to access the article through the following link: https://www.marinedealnews.com/hayvanlari-koruma-kanununda-degisiklik/

In the sixth edition of The Legal Industry Reviews Türkiye, our firm’s Managing Partner Atty. Evrim Uygur Yamaner and Associate Atty. İrem Özbay have imparted their insights on the subject of Restrictions on Transfer of Sahresi in Joint-Stock Companies. For an in-depth exploration share transfers, we kindly invite our valued clients and connections to access the article through the following link: https://thelegalindustry.com/turkey/

In the latest issue of MarineDeal News, Atty. Derya Kandil, Managing Partner of our office, evaluated the audits, sanctions and practices against unfair price increases within the framework of the provisions of the Consumer Protection Law. We invite our esteemed clients and contacts to access the article from the link below for an in-depth examination of the measures that can be taken against unfair price increases: https://www.marinedealnews.com/haksiz-fiyat-artisina-karsi-denetim/

The article titled ” General Obligations of the Employer in terms of Occupational Health and Safety in Port Enterprises and the Actions to be Taken after Occupational Accidents ” by the Managing Partner of our Office, Atty. Evrim Uygur Yamaner has been published in the 6th issue of TÜRKLİM E-Journal. We would like to thank TÜRKLİM for providing a platform for occupational health and safety.

We hope that our article titled “Legal Framework: Employee’s Right to Strike and Employer’s Defensive Lockout”, in which we share our legal evaluations regarding legal strikes and lockouts in accordance with the relevant legislation, will be useful to those who are interested.

The article titled “Adaptation of the Maritime Labor Convention (MLC) to Turkish Labour Law” by the Managing Partner of our office, Atty. @Evrim Uygur Yamaner has been published in the April 2024 issue of the Maritime Trade Magazine of @IMEAK Deniz Ticaret Odası. We hope that our article, which examines the systematics of the Convention, will be useful to those concerned. Dear clients and contacts, you can access the article from the link below: https://www.denizticaretodasi.org.tr/tr/yayinlarimiz/dergi/detay/2024/4?type=1

Dear Clients and Connections, With the Presidential Decree numbered 7887 on the Increase of the Minimum Capital Amount for Joint Stock and Limited Liability Companies (“Decree”) published in the Official Gazette dated 25.11.2023 and numbered 32380, it has been decided to increase the minimum capital amounts of joint stock and limited liability companies stipulated in Articles 332 and 580 of the Turkish Commercial Code numbered 6102 (“TCC”). There is no official capital increase obligation yet for existing companies whose capital is less than these amounts. However, the Ministry of Commerce recommended that these companies also increase their capital in order to strengthen their equity structures. There may be new regulations for the mentioned companies in the future. Please find attached the information note we have prepared regarding the decree. If you have any further questions regarding the process, we will be happy to assist you and wish you a good day.

Dear Connections, The Regulation Amending the Electronic Notification Regulation entered into force after being published in the Official Gazette dated 29.11.2023 and numbered 32384. We hope that the information note we have prepared regarding this regulation will be useful to those concerned.

Dear Clients and Connections, We are proud to make an exciting announcement! Our law firm continues to grow and develop. Our managing partners, Atty. Evrim Uygur Yamaner and Atty. Derya Kandil, with whom we have been working together for years with common goals and shared values, will continue to serve as the name partners of our office from now on. We look forward to witnessing how our esteemed partners, who have played a major role in the development and growth of our office as managing partners for years, will continue to add value to our firm and our clients in this role. Simultaneously, as part of our firm’s growth strategy, we have changed our title. We will continue to serve as “GLED Partners” with the initials of our founding partners Atty. Gokhan Ozogul and Atty. Levent Abdullah Yenigün and managing partners Atty. Evrim Uygur Yamaner and Atty. Derya Kandil. As part of our rebranding efforts, we would like to inform you that we changed our e-mail domain to “@gledpartners.com”. In addition, we would like to share with you another exciting update. Our office has relocated to Esentepe Mah. Harman 1. Sok. No: 5 Harmancı Giz Plaza K: 19 D: 37 Şişli/İstanbul. Our new address will help us welcome you more comfortably and provide you with easier access to our services. We believe that this important step will strengthen our legal services and allow us to offer a wider range of services. Your support and trust are very valuable for us in this important time of change for our company.

We hope that our Turkish-English information note on the Law on Renting Houses for Tourism Purposes and Amendments to Certain Laws will be useful to those concerned.

We were honored to attend 10th International Ethics Summit as a sponsor, organized by Etik ve Itibar Dernegi (TEİD) and met those interested at our stand. Colors of Ethics was the theme of this year’s summit and we are grateful to Etik ve Itibar Dernegi (TEİD) for providing a platform to valuable discussions such as Work Ethics, ESG, Sustainability, Ethics of Digitalization, Compliance, Internal Control&Audit and more. Thanks to all organizers and speakers!

Our office’s managing partners, Evrim Uygur Yamaner and Derya Kandil, along with our office’s associate Berrak Kayan, participated in the 46th Ocean Law and Policy (“COLP-46”) Conference, held from September 20th to 23rd, 2023, at the Sheraton Istanbul Ataköy Hotel. This year’s conference, hosted by İMEAK Deniz Ticaret Odası Chamber of Shipping as the main sponsor, and organized by DEHUKAM, collaboration with numerous esteemed national and international organizations, taking place in a different host country each year.

Dear contacts, as Özoğul Yenigün & Partners Law Firm, we are glad to announce that we have been admitted to Toulouse Occitanie French-Turkish Chamber of Commerce.

We are glad to announce that our partner Evrim Uygur Yamaner’s article “Mutual Termination Agreements in Turkish Law” was published in the Legal Industry Turkey November 2022 Edition!As a collaborating firm of The Legal Industry Reviews, Ozogul Yenigün Partners explains its expert views on different subjects of Turkish Employment Law. You may kindly find the article enclosed.

“Check out our partner Evrim Uygur Yamaner’s article “Mutual Termination Agreements in Turkish Law” in the Legal Industry Turkey November 2022 Edition!”

“ We are glad to announce that our partner Evrim Uygur Yamaner’s article “Mutual Termination Agreements in Turkish Law” was published in the Legal Industry Turkey November 2022 Edition! As a collaborating firm of the Legal Industry, Ozogul Yenigün Partners explains its expert views on different subjects of Turkish Employment Law. Keep updated on the upcoming editions of the Legal Industry Reviews.”

Legal500 GC Summit Turkey was held at Çırağan Palace yesterday,13 October 2022. Our partner Evrim Uygur Yamaner and our mid-level associate İrem Özbay attended the event representing our firm. Many thanks to all the participant firms and GCs for their valuable speeches. Special thanks and praises to Baris Agun and The Legal500 (Legalease) team for organizing this wonderful event

We are delighted to announce that Hande Ceyda Pala has joined our team as “Legal Intern”.

We present our article titled “Minority Rights In Joint Stock Companies”, in which we examine the rights of minority shareholders in joint stock companies under the Turkish Commercial Code No. 6102. Should you have any questions please do not hesitate to contact us, we’ll be happy to answer them.

MERCEK: Kişisel Verileri Koruma Kanunu ve Denizcilik Şirketlerinin Yükümlülükleri

The memorandum regarding “Law on the Amendment of Tourism Encouragement Law and Some Laws” is in the attachment for your information.