The Regulation on Conducting Notarial Acts in the Electronic Environment (“Regulation”) was published by the Ministry of Justice on the Official Gazette numbered 29413 on July 11, 2015. The Regulation summarizes procedures and principles for performing, storing and sending notarial activities electronically by using secured electronic signatures (e-signature).
The Regulation contains these initial topics:
- Performing, processing and storing notarial activities in the electronic environment.
- Sending notarial activities to relevant persons, legal entities and others in the electronic environment.
- Administrative conditions for conducting notarial activities abroad.
Some transactions stipulated under the Notary Code numbered 1512 may be performed electronically, using a secured electronic signature. However, a secured e-signature is not adequate to conclude guarantee agreements or legal transactions which legislation requires be concluded in an official form or through an exclusive procedure.
Some transactions which may be performed without a notary being present: The following transactions may be performed through the Turkish Association of Notaries Information System (“TANIS”) without the relevant parties being in the presence of a notary:
- Registration procedures,
- Determination process,
- Sample forming processes,
- Warning letters and notifications.
- Certification of commercial books.
The Regulation shall be entered into force as of 1/3/2016.
Please see the whole Regulation by clicking this link (only available in Turkish):