Contact: Prof. Dr. H. Ercüment; Erdem & Erdem (Turkey)
“The Notification Law and Law with regard to Amendments to Certain Laws” (“Law”) entered into force by being publishing in the Official Gazette dated 19.01.2011 and numbered 27820.
Major amendments are made to the Notification Law by this law.
According to amended article 1 of the Notification Law, all notifications, including those in the electronic environment, by (i) judicial authorities, (ii) public administrations within the scope of the general budget, (iii) administrations with private budgets, (iv) regulatory and supervisory institutions, (v) social security institutions, (vi) provisional special administrations, (vii) municipalities, (viii) rural legal personalities, (ix) bar associations and (x) notaries will be made by the PTT General Directorate or an officer.
The electronic notification is regulated by the amendment to the Notification Law. Nevertheless, article 7/a regulated that electronic notification may be made to those who provided their electronic addresses and is sufficient for notification. On the other hand, it is obligatory to make electronic notification to joint stock companies, limited companies, and limited partnerships divided into shares. It is stipulated within the same article that an electronic notification is deemed to have been made on the fifth day following the display of the notification in the electronic address of the respondent. In addition, it is stipulated that the notification may be made by other means if electronic notification is impossible due to obligatory reasons.
A new sub-paragraph “Notification to the known address” was added to article 10 of the Notification Law. If the latest known address is not sufficient for notification or it is not possible to make a notification to that address, then the respondent’s residence address registered in the address registration system will be deemed to be the latest known address, and notification will be made to that address. Article 21 of the Notification Law with the title “Impossibility to notify and refusal of receiving notification” stipulates the cases where the respondent has not resided at the relevant address or moved from that address permanently although the respondent’s residence address is still registered as such address in the address registration system. In this case, the officer will deliver the document subject to notification to one of councilor or municipal police officer or chief in consideration for signature and the document to be notified shall be attached on the door; in such a case, the date of attachment will be the notification date.
The phrase, “The notifications made at the lawyers’ law offices regarding works being followed by an attorney shall be made within the official working days and hours”, was added to article 11 which stipulates notification to the attorney or legal representative.
Notification to Turkish citizens resident abroad is also newly regulated. Accordingly, notifications issued by judicial authorities may be directly delivered to a Turkish Embassy or a Consulate placed therein.
The Notification Law article 29 also stipulated that notice by publishing may be made in the electronic environment, as well as by gazette.
Article 35 with the title, “Obligation to inform the address change”, states that if a respondent has changed his or her address or has not informed his or her new address, and if the residence address is not discoverable in the address registration system, then the document to be notified must be attached to the door of the building with the previous address, and the attachment date will be the notification date. Also, it is stipulated in the same article that the addresses registered in the official records of the legal entities will be taken into consideration although no notification has been made in that address before. In addition, if a Turkish citizen who has previously received has moved, has not informed the official authorities,, and has not had a new residence address registered in the address registration system, the notification will be deemed to have been made on the thirteenth day following the notification of the document to the previous address by the Turkish Embassy or Consulate.
Article 36, solely regulating notification during hearings, has been rewritten as, “The document concerning prosecution, lawsuit or execution will be deemed notified during the hearing or in the secretariat of the court to the parties, relevant third parties, participant or attorney upon indication in the trial records or upon signature. In such case, notice paper shall not be issued and no cost shall be paid”.
Article 49, which concerns notification by Title Deed Registries, sets forth that the owners of an immovable registered in the title deed registries or owners who acquire an immovable by inheritance, expropriation, enforcement or court award will inform their present address and in case of change of address, their new address to the title deed registries where they are resident, and the document to be notified or notice paper shall be notified to the latest known address, if the owners do not inform their new address, then their residence address registered in the address registration system shall be deemed to be the notification address.
It is stated that the procedures and principles with respect to the Notification Law will be regulated by a regulation issued by the Ministry of Justice within 6 months following the publishing of the law and all references made to the Notification Communiqué will be deemed to have been made to this regulation. However, all provisions of the Notification Communiqué which are not contrary to the Notification Law will be applied until the said regulation enters into force. In addition, it is foreseen that the PTT General Directorate will set up all technical infrastructure for the notifications made in the electronic environment within one year following the entry into force of this law.
