New TTK

According to the Turkish Commercial Code (TCC) no. 6102, digital companies must possess the following:

  1. Registered Electronic Mail (in Turkish: KEP)
  2. Website
  3. Secure electronic signature and timestamp
  4. Electronic general meetings
  5. Electronic Trade Registry (in Turkish: MERSİS)
  6. Electronically kept commercial books
  7. Electronic billing
  8. e-Archiving

These items are detailed below:

1. Registered Electronic Mail (in Turkish: KEP)

The registered electronic mail system is a telecommunications infrastructure whereby electronic mail communication is handled via registered electronic mail service providers (in Turkish: KEPHS) using a special system.

KEP provides legal assurance that a message has been received by its recipient, just like a registered post. Therefore, it can be used for various purposes such as execution of official agreements, as well as for legal notices.

2. Website

Article 1524 under the margin heading “Website” in the “Electronic Processes and Information Society Services” of the Turkish Commercial Code covers two main considerations for digital companies:

  • Every stock company should have a website, thus promoting transformation into an information society, increasing prevalence of e-commerce and maximizing the share taken from information economy as a country,
  • Ensuring compliance of all Turkish companies with the principle of transparency.

3. Secure Electronic Signature and Timestamp

Secure electronic signature can now be used not only by individuals, but also by corporations. Timestamp, on the other hand, provides legal proof about the timing of the signing.

4. Electronic General Meetings

It will become compulsory for listed joint stock companies to provide the necessary means to allow participating, commenting voting electronically in general meetings.

5. Electronic Trade Registry (MERSİS)

Similar to MERNİS, a system that keeps record of all Turkish citizens (Republic of Turkey Identification Number), a legal record will be kept of all Turkish legal entities (companies, etc.) by the so-called MERSİS system.

6. Electronic Keeping of Commercial Books

Article 64/2 of the Turkish Commercial Code stipulates that traders are obliged to keep a copy of all incoming documents in relation to their enterprises in the form of a photocopy, carbon copy, microfiche, soft copy or in similar format.

7. Electronic Invoice

Article 1525/2 of the Turkish Commercial Code sets out that an invoice, the procedures and principles for which are described under Article 21, may be electronically issued using electronic signature, and sent to the recipient using the registered email system, provided that the related parties have expressly agreed to do so.

8. e-Archiving

In addition, a digital company is required to archive all electronic data created for those websites, or sections thereunder, as specified by the laws and/or by the company policy.