PEP Obligation

 REQUIREMENTS OF LEGAL PERSONS AND REAL PERSONS TO RECEIVE REGISTERED ELECTRONIC MAIL (PULSE) AND CRIMINAL LIABILITIES DUE TO THE LATEST REGULATIONS ON ELECTRONIC COMMUNICATION


1. Who are in the scope of electronic notification

Pursuant to Paragraph A of Article 7 of the Notification Law and Paragraph 1 of Article 7 of the Electronic Notification Regulation; It is obligatory to make electronic notification to joint stock, limited liability and limited partnership companies. The legal arrangement regarding the registered e-mail system is included in the Turkish Commercial Code No. 6102 dated 13/01/2011. The relevant provisions of the Law are as follows:


 


• The third paragraph of Article 18: arasında The notices or warnings regarding the default of the other party, termination of the contract, return of the contract between the merchants shall be made by notary public, by registered letter, by telegraph or by electronic mail system registered using secure electronic signature. ”


 


• The second paragraph of Article 1525: usul Procedures and principles regarding the registered electronic mail system, the transactions to be carried out with this system and the results thereof, real persons, enterprises and companies having registered mail addresses, rights and obligations, authorization and supervision of registered electronic mail service providers. and regulated by the Communication Authority.


 


Again; According to Article 4 of the Regulation on the Prevention of Laundering Proceeds of Crime and the Financing of Terrorism (4), based on the Law No. 5549 on the Prevention of Laundering Proceeds of Crime (3);


 


* Insurance, reinsurance and pension companies and insurance and reinsurance brokers,


* Those who purchase precious metals, stones or jewelery,


* Those dealing with the purchase and sale of immovable property for trade purposes and those who mediate these transactions,


* Those involved in the purchase and sale of all kinds of sea, air and land transport vehicles, including construction machinery,


* Those engaged in the purchase and sale of historical artifacts, antiques and works of art, or those engaged in auctions.


* National Lottery General Directorate of Spor Toto Organization of the Jockey Club of Turkey and operating in the area, including lotteries and betting games,


* Sports clubs,


* Provided that it is not in contradiction with the provisions of the other law in terms of the right to defense, the lawyers are limited to the works within the scope of the second paragraph of Article 35 of the Law no.


 


Mandatory e-mail address is required and notifications will be made electronically.


 


2. Electronic Notification to Which Address and How this Address will be provided


Interlocutors who will benefit from the e-notification system will need to obtain a Registered Electronic Mail (REM) address that is available for e-notification. Electronic notifications to be made upon receipt of this address shall be made to this registered e-mail address received.


 


3. When the electronic notification is deemed notified


Electronic notification shall be deemed to have been made at the end of the fifth (5) day following the date on which the addressee reaches the electronic notification (REM) address.


 


4. What are the sanctions and penalties to be applied to people who do not obtain a REM address?


Article 53 of the Law no. 7201 states that bir if a person declares his / her name or address incorrectly in the event that notification is required by the Law, the offender shall be sentenced to imprisonment of from six months to two years. ” In this case, the correct declaration of the e-notification address is of great importance.


 


 According to the law no 5549, the Presidency shall impose an administrative fine of ten thousand Turkish Liras (10,000,00 TL) for each determination determined by the Presidency. The total amount of administrative fines to be imposed in one year shall not exceed two hundred and fifty thousand Turkish Liras (250.000,00 TL).


5. Conclusion

Those who are not covered by the law that do not obtain a REM address or create a system suitable for receiving and sending e-notification are subject to an administrative fine of TL 10 Thousand for each determination. Another issue stipulated by Law No. 5549 is that the total amount of the administrative fine to be imposed within one year shall not exceed TL 250 Thousand.