LEXIST

Author: Charlotte

Lexist advises on Kilyos Tunnel PPP USD405mn project financing

Lexist is proud to announce that it advised ICA İçtaş Altyapı Yavuz Sultan Selim Köprüsü ve Kuzey Çevre Otoyolu Yatırım ve İşletme A.Ş. on the first-of-a-kind financing involving the issue of USD405mn 7.536% Secured Amortising Notes for the construction of the Sarıyer–Kilyos PPP Tunnel Project.  The Project is the first bond issued in Türkiye by […]

Legal liability of Content providers

I. DEFINITION OF CONTENT PROVIDER 1. Concept of Content Provider According to Law No. 5651, content providers are defined as: "Individuals or legal entities who create, modify, or provide any kind of information or data offered to users via the internet…" The law necessitates that the provision to users of all types of data must […]

Lexist Advises on Efor Çay IPO in Turkey

Lexist is delighted to announce that it advised Efor Çay (EFORC) on it’s successful IPO at Borsa Istanbul, which raised TL1.3bn and was subscribed to by 540,576 people. We wish to thank our Client, active in the tea industry, for their trust in us and the intermediary institutions involved – Halk Yatırım Menkul Değerler A.Ş. […]

US Dept of Commerce CLDP PPP & Arbitration training

Our Partner, Dr. Murat Erbilen, was honoured to be a trainer at the US Department of Commerce’s Commercial Law Development Program (CLDP) PPP workshop for Central Asia in Istanbul. CLDP workshops aim to enhance collaboration and innovative thinking amongst dynamic professionals in the respective region. Murat provided his insights into PPPs and Arbitration, covering risk assessment, […]

Digital banking versus traditional banking in Türkiye: the legal considerations for consumer protection

Article first published by the International Bar Association’s Financial Law Committee The term ‘digital bank’ and its historical development Banks play a critical role in the financial system and can be classified based on various criteria, including ownership structure (public or private), scope of operations (single-purpose or multi-purpose), number of branches (single-branch or multi-branch), geographical […]

Lexist Advises Artemis Halı on Its IPO in Turkey

Lexist advised Artemis Halı on its IPO. The Capital Markets team included partners Dr. Murat Erbilen and Mesut KAYA, newly promoted senior associate Sevde Nur Paksoy and associate Miray Sonsuz. For More Information

Lexist Advises AGM on 100% Acquisition of OPPO Operations in Türkiye

Lexist advised AGM Teknoloji Yatırım Sanayi Ticaret AŞ (“AGM”) on its acquisition of OPPO’s manufacturing factory in Tuzla, Istanbul. With this acquisition, AGM will have the sole and exclusive sub-license to manufacture, market, distribute, sell and provide after-sales services in relation to OPPO products in Türkiye. OPPO is a Chinese technology products conglomerate with an […]

CMB increases IPO Thresholds for 2024

With the decision of the Capital Markets Board (“CMB”) dated 28.12.2023 and numbered 81/1811 (the “Decision”), the CMB has determined new IPO thresholds for 2024, that are subject to evaluation under the capital markets legislation, specifically the Capital Markets Law (CMB Bulletin dated 29.12.2023 and numbered 2023/82). The new amounts determined in the Decision are […]

Lexist Triumphs for Oil & Gas Client at London Court of International Arbitration

Lexist successfully represented a Turkish oil and gas company in relation to a drilling site, as counsel of the respondent, against an international oil and gas company in an English law dispute under the rules of the LCIA. The arbitral tribunal found in favour of our client fully based on the merits including the collection […]

Legal Status of Artificial Intelligence Beyond Individual and Legal Entities

I. Legal Nature of Artificial Intelligence The legal status and definition of artificial intelligence (AI), which is gradually entering our lives and is expected to expand its usage, are currently subject to debate. As a result, the responsibility regime for AI has not been clearly defined yet. The European Parliament is actively working on an […]

Constitutional Court Decision 2019/17969 Published: Key Legal Update

The Judicial Process and the subject of the Application: As a result of the trial conducted by the court of first instance, it was decided to accept the undetermined receivables lawsuit filed by the applicants for the collection of claims arising from employment. The 22nd Civil Chamber of the Court of Cassation ruled that since […]

Constitutional Court Decision 2020/34667 on Equality of Arms Violation

The Constitutional Court’s decision, numbered 2020/34667 and published in the Official Gazette on 3rd October 2023, ruled that the “unequal treatment in favour of the law enforcement report when evaluating evidence, even if the authenticity of the prepared report can be disputed, and the failure of the Court to consider the claims and objections raised by […]

A Note on Minimum Wage Support in Turkey

Minimum Wage Support for the second period of 2023 – Circular dated 01/09/2023 and numbered 2023/25 – published by the General Directorate of Insurance Premiums. A new regulation has been introduced on Minimum Wage Support for the second half of 2023. Provisional 96th Article has been added to Law No. 5510 following the adoption of […]

Impact of Base Wage Reduction After Union Membership: Key Decision

First Instance Court Decision With the decision of the Court of First Instance numbered 2019/472 E. 2020/209 K. dated 08.09.2020, it has been decided to accept the case on the grounds that the base wage of the plaintiff, which was agreed upon by the individual employment contract, was reduced by the defendant (employer) as a […]

Responsibility of the Lessor in Case of Eviction and Demolition under Law No. 6306

Eviction and Demolition of a Risky Building If the building is determined as a risky building by the earthquake resistance test carried out within the scope of Law No. 6306 on Transformation of Areas Under Disaster Risk (“Law”); the Ministry of Environment, Urbanization and Climate Change will decide to evict and demolish the building. The […]

Earthquake Resistance Test and Sanctions for Risky Buildings in Turkey

General Within the scope of the earthquake resistance test, the core and parts of the building are taken and examined to determine the general condition of the building related to the carrier system or foundations and ground analysis. By measuring the diameter and quantity of the iron in the building column, a 3D model of […]

Personal Data Protection Authority Decision on Hospitals Processing Personal Data

The Event subject to the Judgement An applicant stated in the case involving the Authority that, express consent is requested from patients on the approval form concerning the sharing of their photos and videos with the media organisations with which the hospital has an agreement for the purpose of advertising and promotion; and that the […]

Constitutional Court Decision affecting Press Workers

The decision of the Constitutional Court dated 4 May 2023 (basis number 2021/62 decision number 2023/89) on “the provisions of the law that have consequences for press workers in terms of the seniority indemnity calculation compared to workers subject to Labour Law No. 4857 are contrary to the property right and the equal protection of […]

The Lien of Lessor Under Turkish Code of Obligations

Subject of Lessor’s Right of Lien The Turkish Code of Obligations (TCO) recognizes a statutory lien right, known as the lessor’s right of lien, over the movable property brought onto a leased immovable property by the lessee in lease agreements pertaining to immovable properties. The lessor’s right of lien, which is regulated by Articles 336-338 of the […]

Competent court for non-compete clause violation and penalties decision

Court of First Instance Decision: As a result of the proceedings held by the Istanbul 24th Labour Court, it was decided that: the plaintiff was not indebted to the defendant in terms of the promissory note subject to the proceeding; the promissory note subject to the proceeding was in the nature of a security note; […]

Personal Data Protection Authority Decision

With the decision of the Personal Data Protection Authority dated 02.05.2023 and numbered 2023/711, it was decided that the processing of licence information for confirmation purposes is mandatory for the data controller to fulfil its legal obligation in order to ensure that the fee to be refunded is returned directly to the person. —————————————————— Personal […]