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With the Banking Regulatory and Supervisory Authority’s [the “BRSA”] decision numbered 10250 and dated 24 June 2022 [the “Restriction Decision”], TRL borrowing by Companies [“Companies”], other than banks and financial institutions, which are subject to independent audit has become subject to a foreign currency asset [“FX-Asset”] restriction was introduced.

The Competition Board (the “Board”), the competent decision-making organ of the Turkish Competition Authority, no longer has the quorum required to render final/executable decisions as the tenure of three (3) members came to an end as of the beginning of August 2022. Final decisions, including merger clearance decisions, closure of pre-investigation and investigation procedures, are currently pending while the Board is awaiting official assignment of new board members to re-establish final/executable decision quorum.

The Turkish Law No. 6563 on the Regulation of Electronic Commerce (“E-Commerce Law”) adopted in 2014, basically regulates the responsibilities of e-commerce service providers ("Service Provider") and e-commerce intermediary service providers (“Intermediary Service Provider”), the contracts made over electronic communication tools and their obligations to provide information based on electronic commerce, and the sanctions that can be applied. The E-Commerce Law also aims to provide an environment of trust in the electronic commerce market, protect personal data, the confidentiality of communication, and protect consumers in their transactions in the electronic commerce Marketplaces (“Marketplace”).

Sustainability has been defined by the United Nations as "meeting the needs of the present without compromising the ability of future generations to meet their own needs" and, in a corporate context, it refers to a company's overall approach to managing a wide range of environmental, social, and governance risks and issues. Sustainability and ESG are increasingly becoming part of companies' board agenda, understood by companies through a regulatory, compliance, and risk management lens, and seen as inextricably linked with a green light to operate. Companies engage in ESG not only to “do good,” but also due to a growing recognition that taking a robust approach to managing these issues can mitigate risk and provide benefits such as enhanced consumer trust and loyalty, ability to attract talent, ability to meet stakeholder expectations and improve the company’s resilience, and profitability over the long term.

Due to the rapidly growing real estate sector, the lawmaker specifically regulates contractual relationships between the parties in order to prevent any loss of right of any one of the parties. Along with the typical real estate sales agreements, preliminary sales agreements are also needed by the sellers and buyers due to many reasons (such as planning a budget for construction, speeding up the period of the construction etc.).

A new asset peace regulation entered into force with the article 50 of Law No. 7417 on Certain Amendments to Civil Servants Law and Certain Laws and Statutory Decree No. 375 [the “Law No. 7417”] which was published in the Official Gazette numbered 31887 on 5 July 2022.

Moral & Partners has announced that former Baker McKenzie Turkey affiliate Esin Attorney Partnership Partner Sertac Kokenek has joined its team as Senior Partner and Head of Advisory. With Partners Efe Kinikoglu and Serkan Pamukkale also elevated to Name Partners, the firm rebranded to Moral, Kinikoglu, Pamukkale, Kokenek Attorney Partnership.

With the “Act Amending Banking Law, Some Other Laws and the Decree no. 655” [“Amending Act”], Banking Law no. 6411 [“Banking Law”] and Act no. 6758 on the Approval of a Decree with Amendments [“Act no. 6758”] was amended with respect to the articles regarding the authorities and responsibilities of the Savings Deposit Insurance Fund – the so-called “TMSF” [“SDIF”].

On June 3, 2022, the Turkish Competition Board (“Board”) published its reasoned decision dated September 9, 2021 and numbered 21-42/611-298, rejecting Solgar Vitamin ve Saglik Urunleri Sanayi ve Ticaret A.S.’s (“Solgar”) exemption application for its dealership agreements (“Board’s Decision”).

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