The Regulation on Conducting Notarial Acts in the Electronic Environment ("Regulation") was published by the Ministry of Justice in the Official Gazette numbered 29413 on 11 July 2015. The Regulation outlines procedures and principles for performing, storing and sending notarial acts electronically by using secured electronic signatures. The Regulation will be effective from 1 March 2016.

The Regulation addresses:

  • Performing, processing and storing notarial acts in the electronic environment.
  • Sending notarial acts to relevant persons, entities and others in the electronic environment.
  • Physical excerpts of notarial acts executed in the electronic environment.
  • Technical and administrative conditions for conducting notarial acts outside Turkey.

Notable provisions in the Regulation include:

  • Performing notarial acts in the electronic environment: Transactions envisaged under the Notary Law numbered 1512 can be performed electronically, using a secured electronic signature. However, a secured electronic signature is not sufficient to execute guarantee agreements or legal transactions which legislation requires be executed in an official form or via a special procedure. All transactions performed with secured electronic signatures will bear a time stamp. All processes, including issuance of the document, will be realized electronically. The transaction is completed once the notary fees, taxes, charges and other expenditures are collected.
  • Transactions which can be performed without a notary being present: The following transactions can be performed via the Turkish Association of Notaries Information System ("TANIS") without the relevant parties being in the presence of a notary (Article 6):

    • Providing copies.
    • Certification of commercial books.
    • Warning letters and notifications without signature authentication.
    • The relevant parties must be in the presence of a notary to:
    • Perform transactions with secured electronic signatures besides those noted above.
    • Complete a transaction commenced in accordance with the second paragraph of Article 5 of the Regulation, such as statutory form transactions.
    • Perform transactions regarding declarations of intentions.

In these circumstances, the parties can begin preparations by logging the transaction in TANIS. However, the transaction must be completed in a notary's presence.

  • System for making electronic transactions: The Turkish Association of Notaries will set up and operate the infrastructure to enable transactions to be performed electronically, with electronic signatures (Article 8). When making an application on TANIS (which will form part of the overall infrastructure), applicants will be able to choose a preferred notary. If no choice is made, the application will be referred to the closest located notary.
  • Recording and storing transaction information: No physical documents will be created nor stored for an electronic transaction where all parties use secured signatures, unless a physical document is requested (Article 9).
  • Sending transaction information: If necessary, information and documents relating to transactions performed with secured electronic signatures can be sent to notaries, persons and entities within the electronic environment (Article 10). Transactions which are performed with wet ink (non-electronic) signatures and recorded in TANIS with secured electronic signatures can also be sent to notaries, or other persons and entities in the same way.
  • Performing notarial acts outside Turkey: Performing, processing, storing, transmitting and transferring electronic notarial acts outside Turkey is permitted, provided certain procedures are followed (Article 12).
  • Obtaining physical versions of electronic documents: If a physical copy of a document signed by electronic signatures is necessary, the notary must add its signature and seal to the document to indicate it is a true copy of the original, then hand the document to the relevant person (Article 15).

Please see this link for the full text of the Regulation (only available in Turkish).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.