The “stock exchange law proposal” on trading was accepted in Parliament

According to the law, after the establishment of the Cooperative Information System (KOOPBİS), the members of the cooperative’s board of directors and their superior organizations, the cooperative’s trade records, financial statements, annual activity reports of The board of directors, the documents of the general assembly, the identity, communication, shares and payments of the members will be transferred to the system within 1 year. This period can be extended up to 6 months by the Ministry of Commerce.

In free zones, it will be the authority and responsibility of the operator to establish and operate the natural gas infrastructure required by users, purchase natural gas from public and private institutions, and distribute and sell it within the zone. Without the operator’s permission, the need for natural gas cannot be met from elsewhere and a facility cannot be individually established for this purpose. The upper limit of the amount to be charged to users for the distribution and commercialization of natural gas in the region with respect to the implementation of this provision will be determined by the Ministry of Commerce.

Upon request by the operator and acceptance of the natural gas distribution company that operates in the region, natural gas distribution companies may carry out natural gas distribution activities within the free zones within the scope of the conditions determined by the Market Regulations. of Energy. Board, investing in the network within the free zones or appropriating the network along with its property. The companies holding natural gas transportation and distribution licenses will not have any right, authority or responsibility in the free zones where activities related to natural gas are carried out by the operator.

In the free zones, in which the investments in the natural gas network have been made by natural gas distribution companies before the entry into force of the law, it will be understood that the faculties of distribution and commercialization of intraregional natural gas of the operators have been transferred to natural gas distribution companies.

MEMBER MAY BE SUSPENDED

Memberships of chambers of commerce and industry and members of the stock exchange whose information on tax obligations is closed may be suspended. The chambers, which carry out updating tasks in January of each year, may suspend the respective member with the decision of the board of directors and stop the accrual of quotas, based on the information on closed liabilities received from the Tax Administration. As long as this member’s business record is open, the chamber’s membership will continue.

The General Assembly of the Union of Chambers and Commodity Exchanges of Turkey (TOBB) may determine the upper limit, which may be decided by chambers and assemblies of commodity exchanges, for subscription and accessory debts whose total amount does not exceed 50 percent of the gross minimum wage and whose waiting time is less than 1 year to expire.

The period set at 15 years for the transfer of 2 percent of TOBB’s annual income to be used for the needs of the TOBB Education and Culture Foundation and the TOBB University of Economics and Technology has been increased to 25 years.

With the law, the duration of licenses granted by the Ministry of Commerce to warehouses with a 2-year license will be increased to 3 years.

The general assemblies of the professional organizations of merchants and artisans will be called to an extraordinary meeting by the board of directors, upon request made by a notary public, and the agenda and minutes must be drawn up with the notarized signatures of two fifths of the members of the association. general Assembly.

Prior to the entry into force of the Law to Regulate the Trade of Fruits and Vegetables and Other Goods with Sufficient Depth of Supply and Demand, on January 1, 2012, the right to lease for 12 years granted to existing allotment holders using their assigned workplaces in wholesale markets will be increased to 18 years.

“UNFORGETTABLE BUSINESS PRACTICES YOU CANNOT PARTICIPATE”

By law, unfair trade practices cannot be carried out in retail trade.

In business relationships between manufacturer, supplier, and retail companies, activities by one party that significantly disrupt the other party’s business activities, reduce the ability to make a reasonable decision, or cause it to become part of a business relationship. which you would not normally be a part of, will be considered unfair business practices.

According to the law, the activities defined as unfair commercial practices are the following:

– Oblige any natural or legal person to supply goods or services, excluding the conditions included in the contract, in order to ensure quality standards.

– Reflect the cost of the campaign to the party that does not want to make sales with the campaign.

– Failure to determine the conditions of the commercial relationship in the supply of agricultural and food products with a written or electronic contract.

– Include provisions in the contract that authorize unilateral changes to the detriment of the other party or that are not clear and understandable.

– Receive a fee under the name of store opening and modification, billing deficit, bank and credit card participation fee and other denominations even if you do not provide any service that directly affects the demand for the product, or receive premiums and fees, even if the type of service provided and the amount or rate of the service fee are not specified in the contract.

– Cancel orders for perishable agricultural and food products within 30 days from the date of production, within 30 days prior to the date of delivery of the product, excluding cases arising from the fault of the other party.

– Reflect costs such as deterioration or loss after delivery or transfer of ownership of perishable agricultural and food products within 30 days from the date of production, excluding cases caused by fault of the other party.

The burden of proving the defect in the spoiled food will fall on the person who cancels the order or reflects the cost to the other party. The modification of the Retail Trade Regulation Law will enter into force on January 1, 2024.

COMMON USE AREAS IN SHOPPING CENTERS

According to the Law on Amendment of the Union of Commodity Chambers and Exchanges of Turkey, the Law on Commodity Chambers and Exchanges and some Laws and Decree Law No. 640, which was accepted in the General Assembly of the Great National Assembly of Turkey, it will be essential to make payments derived from commercial relations between manufacturers, suppliers and retailers within the period stipulated in the contract.

Duration of payments for perishable agricultural and food products within 30 days from the date of production; 30 days if the creditor is small, the debtor is medium or large, or the creditor is a medium-sized company and the debtor is a large company, and 45 days in other cases.

The duration of payments for agricultural and food products, excluding perishable agricultural and food products within 30 days, will be limited to 60 days if the creditor is a small business, the debtor is a medium or large company, or the creditor is a medium-sized company and the debtor is a large company. The terms indicated in this regulation will be computed from the date of delivery or transfer of domain, whichever occurs first. The burden of proof that the payment was made on time will fall on the debtor.

The date of entry into force of said regulation will be January 1, 2024.

Expenses not related to shopping center expenses such as electricity, water, natural gas, non-renewable maintenance, repair, security and cleaning expenses related to common areas of shopping centers, and expenses related to payroll management functions actually working in the mall will be common expenses. Only one contribution fee can be collected from retail businesses in the mall for these expenses. Fees will not be charged for expenses that do not qualify as common expenses, such as advertising, marketing and consulting, and expenses that are not documented.

Common income will be all kinds of income obtained by way of rentals, advertising, marketing, cultural and artistic activities and other income for common use and advance payments of the common expenses contribution fee. Common revenue will be used to cover common expenses.

The owner or manager of the shopping center will prepare a combined income and expense report for the previous year and send it to the retailers in the shopping center. The report will include other information that the ministry deems necessary on the types and amounts of revenue and common expenses, the common expense contributions to be collected from each retailer, and the common expense contributions collected.

The law modifies the criminal provisions of the Retail Trade Regulation Law. To avoid unfair commercial practices, a dissuasive administrative fine will be applied.

The provisions of the contract will be valid, which allows requesting the participation fee from the retailers of the shopping center for expenses such as advertising, marketing and advice before the entry into force of the law, and established before the publication of this article. . for the duration of the contract. However, in cases where the contract is renewed or the term is understood to have been extended before or after the expiration of the contract term, the contribution fee for said expenses will not be charged.

Unless sub-items of administrative expenses are specified separately in the contracts, the participation fee may only be charged to retailers as an administrative expense for expenses related to the functions of payroll administration personnel currently working in the Mall.

The contribution fees to be paid by retail businesses will be calculated by dividing the sales areas of these businesses by the sales area of ​​the shopping center.

Those who obtained the positions of “European Union expert” and “export development specialist” in the Ministry of Commerce before the entry into force of the law, who worked in these positions on the date of entry into force of the law , who are in permanent service abroad or who hold administrative positions in the Ministry of Commerce or other public institutions and agencies, if they apply within 1 month from the date of entry, they will be appointed to the cadres of “specialist in trade” appropriate to your situation. (AA)