This booklet explains the procedure of electronic notification (e-notification) which came into force by Electronic Notification Regulation dated 06.12.2018. The explanations below are neither advisory nor legal consultancy. In order to have legal consultancy services please get in touch with Gerçek Law & Consultancy.
- WHAT’S E-NOTIFICATION?
In the classical notification system, the documents are sent physically. The proof of service is processed with the receiver’s signature by the post carrier and the notice paper must be kept physically. When taking the importance of the legal acts into consideration, the classical system is quite risky for the process security.
E-Notification is processed on a safe ground. When comparing it with the classical system, e-notification is pretty safer. According to the aforesaid regulation; public institutes, legal persons and natural persons should register to the e-notification system. However it’s optional for some of them.
- WHY E-NOTIFICATION IS NEEDED?
In today’s business world, e-mail is often used for correspondence. Yet, standard e-mail has the following deficiencies;
- Proof ability of the standard e-mail is limited in terms of quality and quantity.
- The burden of proof is on the sender.
- Timestamp is based on the time settings of the sender device. Therefore even if the sender and receiver devices are not in the same time zone, there would be some disputes. On the other hand, making some simple changes on the time settings would affect the timestamp of the mail. These risks decrease the proof value of the standard e-mails.
- Contents of the standard e-mails can be easily changed.
The e-notification regulation brings radical changes and by this means it improves the process security, prevents possible forfeitures, and keeps evidence which were very important necessities.
3.WHAT THE E-NOTIFICATION PROCEDURE BRINGS?
As is known, Article 7/a-2 of The Notification Law (numbered 7201) requires making notification electronically to the joint stock companies, limited companies and limited partnerships divided into shares.
A.Which legal persons should be notified by electronic notification? (Article 5/1)
- Public institutions and their subsidiaries indicated on the Public Finance Management Law (numbered 5018)
- Local administrations
- Other public institutions which are found with special codes
- Public economic organizations and their subsidiaries
- Other partnerships whose half capital belongs to public
- Professional organizations which are public institution at the same time.
- All private sector persons including the ones found by law
- Professional organizations of persons who have right to act as attorney before the courts and the other official authorities.
- Beside the ones explained above, the other legal persons who obtained e-notification address willingly.
B.Which natural persons should be notified by electronic notification? (Article 5/1)
- Notaries
- Advocates who are members of the Bar Associations
- Peacemakers and Experts who are registered to the registry
Competent authorities must send e-notification by using a KEP (Registered Electronic Posta) address. In this regard, the authorities must obtain a PTT (National Post Office) KEP account. In fact, PTT is not the only KEP service provider. But since all the regulations refer it, we prefer to mention it within this booklet.
4.HOW THE E-NOTIFICATION WORKS?
The persons would like to get notifications electronically, first need to obtain an e-mail address which convenient to e-notification.
The persons who obliged to obtain e-notification address must apply to PTT within a month. The following documents should be attached:
- Registry number of the legal persons who are registered to the MERSİS (Central Registration System), other system information of the persons who are registered to other systems.
- For the natural persons, citizenship identity information.
The persons who are not obliged to obtain e-notification address must apply to PTT within a month. The following documents should be attached:
- For Turkish citizens; Turkey Republic ID card, passport, other official cards or secured e-signature
- For the foreigners; foreigner ID number, Blue Card no, passport no or secured e-signature
- For the legal persons, registry information
PTT must issue a unique e-notification address according to the information provided by the applicant and record it to the UETS (National Electronic Notification System) within a month. Right after issuing the address, PTT provides it to the competent authorities.
E-Notification Process contains the following steps:
- Sending E-Notification
- Confirmation and Control
- Issuing Post Acceptance Proof Record
- E-Signature, Enveloping and Reading
- Delivering Proof Record
- E-Signature Confirmation and Reading
- Proof Record of Read Receipt
“Proof Record” is described as records which created when the notification received by the System, delivered to the receiver, read by the receiver or assumed as read. The records are secured with electronic certificate. (Article 3/1-b) Unless the contrary is proved, the records are assumed as direct evidence and they are kept electronically for thirty years.
CONCLUSION
Electronic Notification Regulation brings obligations to obtain electronic notification address and use for sending-receiving notifications electronically to lots of natural and legal persons. Otherwise, the persons who are obligated to send or receive notifications electronically would face some legal liabilities. Therefore the application process and the following steps should be done carefully.
In order to receive electronic notifications, natural or legal persons should obtain a Registered Electronic Post (KEP) address within a contract made with National Post Office (PTT). After that point, the persons who obtained KEP address may be responsible for their and third parties acts. For instance if a person who is receiving electronic notifications obligatorily doesn’t open the notification sent to his/her address, s/he may be assumed as s/he read it after the legal period. In that case the person would be responsible for the hypothetical notification.
Therefore; when taking the regulations explained above into consideration, we recommend taking professional legal consultancy before taking an action in line with the regulation.
This booklet is only for information purposes. Gerçek Law & Consultancy disclaim any liability in connection with the use of the information.
All rights reserved in line with the Law of Intellectual Property Rights (numbered 5846)
OUR TEAM: