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FOREIGN EXCHANGE FOREIGN EXCHANGE | RECENT DEVELOPMENTS

Antalya Lawyer | Mehmet Dursun Law Office, Mediation Office > actual > FOREIGN EXCHANGE FOREIGN EXCHANGE | RECENT DEVELOPMENTS

FOREIGN EXCHANGE FOREIGN EXCHANGE | RECENT DEVELOPMENTS

FOREIGN EXCHANGE

(RECENT DEVELOPMENTS)

The Communiqué on the Amendment to the Communiqué No. 32-2008 / 32 (Communiqué No: 34-2018 / 32) on the Protection of the Value of Turkish Currency has been published and entered into force. According to this;

WHICH CONTRACTS CAN BE EXCHANGE?

Turkish Republic State by nationality without Turkey-resident individuals or in this article ten recipients of the people mentioned in the ninth paragraph or tenants as party to estate sales and real estate lease contracts, the contract price and the agreed indexed other payment obligations denominated in foreign currency or in foreign currencies arising from these contracts It is possible.

- In the real estate lease agreements related to the leasing of the accommodation facilities which are certified by the Ministry of Culture and Tourism for the purpose of operation of the accommodation facilities, it is possible to decide on the contract price and other payment obligations arising from these contracts in terms of foreign currency or foreign currency indexed.

- In the case of real estate lease agreements related to renting of duty-free shops, it is possible to decide on the value of the contract and other payment obligations arising from these agreements in foreign currency or in foreign currency.

Turkish Republic State with the bond of citizenship are not party to the service contract of the person, exports, transit trade, export counted sales and delivery with foreign exchange earning services and activities carried out under service contracts, the service agreement within the scope of the activities to be carried out of residents abroad in Turkey, Turkey ' the people who will settle between themselves; Ending at the start overseas in Turkey, ending in Turkey or abroad began service contracts may be made in foreign currency abroad, ending at the start overseas.

- resident individuals themselves will conclude in Turkey; It is possible to determine the contract price and other payment obligations arising from these contracts in foreign currency or foreign currency indexed contracts.

- resident individuals themselves will conclude in Turkey; It is possible to determine the contract price and the other payment obligations arising from these contracts in terms of foreign currency or foreign currency indexed securities.

- resident individuals themselves will conclude in Turkey; It is possible to decide the contract price and the other payment liabilities arising from these contracts in foreign currency or foreign indexed to the lease agreements which are not included in the lease agreement.

- resident individuals themselves will conclude in Turkey; In the context of information technologies, sales contracts related to software produced abroad and the license and service contracts related to hardware and software produced abroad can be determined in terms of foreign currency or foreign exchange indexed to other contractual obligations arising from these agreements.

- In the case of leasing contracts for ships defined in the Law No. 4490 on Amendment to the Decree Law No. 491 and the Turkish International Ship Registry Law, it is possible to determine the contract price and other payment obligations arising from these contracts in foreign currency or in foreign currency.

- 32 and 17 / A clauses of the decision to be made within the scope of leasing contracts are possible to decide the terms of foreign exchange.

- citizen of the Republic of Turkey is not party to the employment contract of persons residing in Turkey, and determination of the contract price as other payment obligations denominated in foreign currency or indexed to foreign currency arising from this agreement possible.

- Without prejudice to the provisions of paragraph sixteen, it is possible to decide in terms of foreign currency or foreign currency indexed contracts in contracts other than real estate sales and real estate leasing, in which public institutions and organizations or Turkish Armed Forces Foundation companies are parties.

- Within the scope of the projects to be realized within the scope of the contracts, contracts and the execution of international agreements with foreign exchange index or foreign exchange indexed by public institutions and organizations; Contractors or contracting companies and the parties to which they have signed the contract will be concluded with third parties or will be concluded within the framework of the mentioned projects.

- In the contracts concluded with respect to the transactions carried out under the Law on Public Financing and Debt Management, 4749, it is possible to decide on the contract price and other payment obligations arising from these contracts in terms of foreign currency or foreign currency indexed. With respect to these transactions, it is possible to decide in terms of the contract price and other payment liabilities arising from these agreements in foreign currency or in foreign currency indexed contracts.

- Without prejudice to the provisions of Decision 32, the creation, issuance and issuance of capital market instruments (including shares of foreign capital market instruments and warehouse certificates and foreign investment funds) in foreign currency within the framework of the Capital Market Law numbered 6362 and the regulations made based on this Law. it is possible to determine the liabilities related to the sale and the transactions performed in foreign currency.

- Out of residents in Turkey; contract, contract, office, liaison office, directly or indirectly over fifty percent of the ownership of the ownership or joint control and / or control companies and companies in the free zone within the scope of the activities in the free zone as an employer or service area as a party to the work and service contracts, the contract and other payment obligations arising from these agreements, in terms of foreign exchange or foreign currency index.

- built passenger in Turkey, commercial airline companies in the freight transport activities, or mail; companies providing technical maintenance services for air transport vehicles, engines and parts thereof; operating license to operate the airports ground handling services covered by the civil aviation legislation, the field or the authorized public or private law established by the said organization with organizations in the legal entity status with businesses and companies directly or indirectly partnerships to have at least fifty percent shareholding percentage of capital established in Turkey It is possible to conclude contracts other than real estate sales, real estate leasing and employment contracts with foreign currency or foreign currency indexed amounts. Mehmet Dursun about all contracts as a Law Office adaptations, arrangements about making new contracts in Antalya and we provide all the services our professional team in Turkey.

prohibition of contract

WHICH CONTRACTS ARE NOT EXCHANGE?

Residents in Türkiye will conclude among themselves; may not decide on the contract price and other payment obligations arising from these contracts in real estate sales contracts, including residential and roofed workplaces, which are domestic real estate, indexed in foreign currency or foreign currency.

Residents in Türkiye will conclude among themselves; in the case of real estate lease agreements, including residential and rooftop business, and other payment obligations arising from these contracts, which are domestic real estate, cannot be determined in terms of foreign currency or foreign currency indexed.

Residents in Türkiye will conclude among themselves; they cannot determine the contract price and the other payment obligations arising from these contracts as foreign-indexed or foreign-indexed in the labor contracts other than those to be executed abroad and the seafarers.

- Residents in Turkey will conclude among themselves; in the case of service contracts, including consultancy, brokerage and transportation, other than those stated below, they cannot determine the contract price and other payment obligations arising from these agreements in terms of foreign currency or foreign currency indexed. Mehmet Dursun about all contracts as a Law Office adaptations, arrangements about making new contracts in Antalya and we provide all the services our professional team in Turkey.

WHAT ARE THE EXCLUSIONS TO MAKE A CONTRACT FOR THE EXCHANGE?

- In accordance with this prohibition, it is not possible to determine the value of the contract in foreign currency or foreign currency indexed in accordance with the contract price and the other payment liabilities arising from these contracts and which cannot be determined in terms of FX-indexed contracts. However, negotiable instruments in this scope, which have been issued and circulated before the date of entry into force of the provisional 32 of Decision 8, are exempt from the provision of the provisional article.

- Contracts indexed to the precious metals and / or commodities whose prices are determined in foreign currencies in terms of foreign exchange and / or indirectly indexed to the foreign currency are considered as foreign exchange indexed contracts within the scope of the subparagraph (g) of Article 32 of Decision 4. However, it is possible to index fuel prices in service contracts related to transportation activities.

- abroad by residents in Turkey; branches, agencies, offices, liaison offices, funds to operate or manage, directly or fifty percent indirectly and over found their shareholding companies 32 Decision No. 4 Article (g) under subparagraph application is considered resident in Turkey. However, if the contract is executed abroad, the provisions of this paragraph shall not apply.

- Contracts concluded under the exception of contracts to be concluded in accordance with this article, but concluded before the date of the entry into force of the provisional 32 of Decision 8 are exempt from the provision of the said provisional article.

- Commercial vehicle sales contracts concluded for the purpose of vehicle leasing and passenger transportation, which have been concluded before the date of the entry into force of the provisional 32 of Decision 8, are exempt from the provision of the provisional article mentioned.

- Leasing contracts for movable and immovable properties, which have been concluded before the effective date of the provisional 32 of Decision 8, are exempt from the provision of the provisional article.

- In accordance with this article, the contract price and the other payment obligations arising from these contracts, which are not possible to be determined in foreign currency or FX indexed terms, must be determined by the parties as Turkish Lira within the scope of the Provisional 32 clause of Decision 8. Mehmet Dursun about all contracts as a Law Office adaptations, arrangements about making new contracts in Antalya and we provide all the services our professional team in Turkey.

WHAT WILL HAPPEN TO THE CONTRACTING PARTIES UNDER THE CONTRACT PRICE?

In accordance with this article, the contract price and the other payment obligations arising from these contracts are not possible to be determined in foreign currency or foreign currency indexed contracts, if the agreement cannot be determined by the parties as a result of the provisional 32 of the Decision 8; contracts concluded in foreign currency or value determined as indexed to foreign currencies, 2 of the said fee / 1 / 2018 calculated date in the designated indicative of the Central Bank of the Republic of Turkey, using the effective selling rate of Turkey of money in the currency of 2 / 1 / 2018 until the date that redefine the historical cost of each of the Turkey Statistical Institute The consumer price index (CPI) determined for the month is determined by increasing based on the monthly change rates.

In accordance with the first paragraph of this paragraph, the amounts determined as foreign currency or foreign currency indexed in the housing and roof business lease agreements concluded before the effective date of the provisional 32 of the Decision 8 shall be determined as Turkish Lira for a period of two years. However, for a year from the end of the lease year in which the determination is made as Turkish currency; that paragraph in accordance with the Turkish currency as specified rental fee, if the parties in determining the consensus reached, by the end of this year lease was made to determine the date of determining Turkey Statistics consumer price index determined for each month of Authority (CPI) is determined by increasing the basis of monthly exchange rates.

The next lease year while rents denominated in Turkish currency, if the parties in determining the consensus reached, the prevailing rents in the previous lease determined by the Turkey Statistics Institute consumer price index (CPI) is determined by increasing the basis of monthly exchange rates and designated denominated in Turkish currency rental price in this paragraph shall be valid until the end of the period of two years specified.

Pursuant to this article, contract price and other payment obligations arising from these agreements are not possible in terms of foreign currency or foreign currency indexed contracts, and the provisions of this paragraph shall not be applied for collected or non-performing receivables, deposits given under real estate lease agreements and negotiable instruments in the scope of execution of contracts. Mehmet Dursun about all contracts as a Law Office adaptations, arrangements about making new contracts in Antalya and we provide all the services our professional team in Turkey.

About the Convention Ban

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