According to article 18 and 1525 of the Turkish Commercial Code dated 13 January 2011 and Law no.6102 (Law no.6102); registered electronic mail services and electronic signature’s procedures and principles will be regulated by the Information and Communication Technologies Authority. Within this scope, Electronic Written Notice Directive which is issued by the Ministry of Justice is published in the Official Gazette dated 19 January 2013 and numbered 28533.
According to article 7/a of the Written Notice Directive, Law no.7201, (which is become compatible with the article 2 of the Electronic Written Notice Directive and the Turkish Commercial Code), joint-stock company, limited liability company and limited partnership divided into shares are obliged to use electronic written notice.
Electronic written notice system will be used via electronic signature. According to article 8 of the Electronic Written Notice Directive; “the sender will send the written notice with a trusted electronic signature via electronic mail address which is provided by the Administration.”
System does not work as if the sender sends an electronic mail to the acceptor directly. First of all, the electronic mail is received by the Registered Electronic Mail Service Provider. Secondly, it is transmitted to the acceptor. It is aimed to be met the creation of evidence and security necessities.
Any Written Notice is sent via electronic system, the written notice is accepted to be sent to the acceptor after five days. (End of the fifth day) The Service provider will inform the acceptor via short message service (SMS) electronic mail, if the acceptor stated any other electronic mail and/or he/she ask for SMS notice for communication. The written notice’s time and validity will not be affected, if the notification cannot be accomplished for any reason.
“Registered Electronic Mail Service Provider’s infrastructure work has not been completed yet. Due to that reason the system cannot be used today. However, the companies, who are obliged to use electronic written notice service, should apply for an electronic mail service to prevent the unwished damnification.
