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ORJIN MASLAK, ESKI BUYUKDERE CADdesi NO 27, K 11, MASLAK, 34398 ISTANBUL, TURKEY
Tel:
Work +90 212 366 4700
Fax:
Fax +90 212 290 2355
Email:
Web:
www.paksoy.av.tr

Main work contacts

CategoryContact
Antitrust and competition M Togan Turan, Derya Genç
Banking and finance Sera Somay
Capital markets Ömer Çollak
Compliance and investigations Serdar Paksoy, Gökhan Bozkurt
Corporate and commercial Elvan Aziz, M Togan Turan, Stéphanie Beghe Sönmez
Data protection compliance Stéphanie Beghe Sönmez, Gökhan Bozkurt
Energy and natural resources, project finance Zeynel Tunç
Infrastructure, PPP and construction Zeynel Tunç
Islamic finance Sera Somay
Labour and employment Elvan Aziz
Litigation and dispute resolution Serdar Paksoy, Gökhan Bozkurt
M&A Elvan Aziz, M Togan Turan, Stéphanie Beghe Sönmez
Real estate Elvan Aziz
Tax and fiscal services Sansal Erbacioglu

Legal Developments by:
Paksoy

  • SQUEEZE-OUT RIGHT IN PUBLIC COMPANIES -- TURKEY

    Squeeze-out and sell-out rights in Turkish public companies are regulated by the Communiqué on Squeeze-Out and Sell-Out Rights (the " Communiqué ") published in the Official Gazette dated 2 January 2014 effective as of 1 July 2014. The Communiqué was issued by the Capital Markets Board of Turkey (the " CMB ") in accordance with the Capital Markets Law and regulates the right to squeeze-out minority shareholders by the controlling shareholder and the minority shareholders' rights to exit the public company by selling their shares to the majority shareholder.
    - Paksoy

Legal Developments in Turkey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • New Industrial Property Law

    The Industrial Property Law abrogating the patchwork of decrees that governed intellectual and industrial property rights has been published in the Official Gazette and entered into force on January 10, 2017.
  • Privatization of Domestic Coal-Fired Power Plants in Turkey

    The privatization tender of Çayırhan-2 coal reserve area and the construction of a coal-fired power plant project (“Çayırhan-2 Project ”) was concluded on February 6, 2017, which has been the first of the new wave of privatization of coal reserves and construction of lignite coal-fired power plants in Turkey in line with the recent incentives regarding utilization of domestic coal reserves for electricity generation. This client alert outlines the main novelties in relation to this new wave of lignite-fired power plant tenders, which is expected to continue with several other privatizations in 2017 as explained below.
  • Important Changes to the Electricity Market Licensing Regulation

    On February 24, 2017, the Energy Market Regulatory Authority (“EMRA ”) published a Regulation (“Amending Regulation ”) containing important changes to the Electricity Market Licensing Regulation (“Licensing Regulation ”), including the removal of the share transfer restriction at the pre-license period for transfers to foreign companies and foreign-capital companies, and changes related to the Renewable Energy Resource Areas (“YEKA ”). Highlights of major changes are as follows:
  • The New ICC Arbitration Rules

    As of 1 March 2017, the new Arbitration Rules of the International Chamber of Commerce (“New ICC Rules ”) have come into effect and superseded the former version of the ICC arbitration rules, which have been in effect since 2012.
  • Novelties Introduced by the Movable Pledge Law

    As of January 1, 2017, Law No. 6750 on Pledge over Movable Assets in Commercial Transactions ("Movable Pledge Law"), which was enacted on October 20, 2016, entered into force and abolished Law No.1447 on Commercial Enterprise Pledge ("Commercial Enterprise Pledge Law"). The Movable Pledge Law introduces significant changes and offers more practical methods for establishing pledge over movable assets as explained below.
  • Determination of Injury in Anti-Dumping Investigations: Turkey’s Side of the Story

    I - Introduction
  • Turkish Health PPP Projects

    The Turkish health sector has undergone major reforms over the past ten years as part of the health transformation program. The most important pillar of such program has been the development of public-private partnership (“PPP ”) model health campus projects. More than twenty health campus projects with an investment amount of more than € 10 billion have been developed through PPP model in Turkey. They are currently at different stages ranging from tendering to operation, and more than ten health PPP projects are still in the pipeline.
  • Infrastructure REIC: An Alternative Source of Funding for Infrastructure Projects

    With the start of operation in certain BOT and other PPP model infrastructure projects in Turkey, refinancing alternatives have become more attractive and diversified. Capital market instruments and institutions are likely to have a greater share in the refinancings of projects which have become operational and the construction risks have been removed. Over the last few years, the use of capital market instruments in the infrastructure financings have gained a new impetus with the introduction of various incentives and financing solutions in this aspect. Most recently, the removal of the 1/3 and 1/5 bond issuance limits for healthcare PPP projects on 18 February 2017 represented an important step towards incentivizing the use of bonds in the healthcare sector. In line with this overall strategy, the government has also adopted various measures to make the Real Estate Investment Companies (“REICs ”) more attractive for the financing/refinancing of infrastructure projects such as BOT, BLT and other PPP projects.
  • Ankara-Niğde Highway Project

    Tender process for 330 km Ankara-Niğde Highway Project has been launched by the General Directorate of Highways upon publication of the tender announcement in the Official Gazette on December 30, 2016.
  • Establishment of the Natural Gas Spot Market in Turkey

    In line with the government’s objectives to make Turkey a regional hub for natural gas trading, a natural gas spot market has been established by the Natural Gas Organized Wholesale Market Regulation published in the Official Gazette on 31 March 2017.