Legislation

Regulations
 
 Ministry of Industry and Trade:
 
Regulation of the Proceedings of the stock market
 
 PART ONE
 
Purpose, Scope, Basis and Definitions
 
             Purpose
 
             Article 1 - The purpose of this regulation, the functioning of stock exchanges, membership registration, organ meetings and the documents approved by the services provided borsalarca, customs and conventions complied with the mandatory professional decisions, arbitration, and their books and records kept borsalarca procedure, which records exchanges within , organized and filed all kinds of documents, preservation and destruction of books and documents, driver's license, and signed with the authority to represent the duties and powers of the general secretary and assistant, and other business and transactions carried out borsalarca regulate procedures and principles.
 
             Scope
 
             Article 2 - This Regulation covers trade exchanges and their branches.
 
             Support
 
             Article 3 - This Regulation No. 5174 dated 05.18.2004 with the Union of Chambers and Commodity Exchanges of Turkey Chambers and Commodity Exchanges of the first paragraph of Article 62 of the Law subparagraph (c) of the first paragraph of Article 66 and paragraph (b) of the fourth paragraph of Article 99 with prepared based.
 
             Definitions
 
             Article 4 - of this Regulation;
 
             Law: Law No. 5174, dated 05.18.2004 with the Union of Chambers and Commodity Exchanges of Chambers and Commodity Exchanges of Turkey Law,
 
             Ministry: Ministry of Industry and Trade,
 
             Union: Turkey Union of Chambers and Commodity Exchanges,
 
             B: Commercial and industrial chamber, the chamber of commerce, industry chamber of commerce chamber and the sea,
 
             Stock Market: Trading stock exchange,
 
             Branch: Stock Exchange branch,
 
             Assembly: Stock council,
 
           Board of Directors: Stock Market board of directors,
 
           Body: Occupation Committee, the disciplinary committee, council and board of directors,
 
             Common data base: the register of members in accordance with professions in an electronic environment is kept within the database of the Ministry and the Union,
 
             refers.
 
PART TWO
 
Provisions on Registration Date
 
             Membership registration
 
             Article 5 - According to Article 32 of the Law found in the stock market to be registered within one month from the commencement date of hire must sign up for their local stock exchange. The commencement date, the date on the purchase or sale is made.
 
             Stock Exchange records are available on request. However, do not fulfill this obligation to register in accordance with the first paragraph of Article 7 of this Regulation are hereby reserved. Stock Exchanges can be made upon request or ex officio member registration for those who want to register for and be registered in the commercial register or the craftsmen and artisans of subjects engaged in these records purchase or sale of the stock exchange course materials must be included. The third paragraph of Article 32 of the Law are hereby reserved.
 
             Expelled from membership on a temporary or long-term and that the penalties for those found to be registered members of periods completed, re-recognized stock exchanges upon request or ex officio.
 
             Recording on demand
 
             Article 6 - The Stock Exchanges and their natural and legal persons who want to sign up branches, representative offices, factories, representative offices, warehouse, location, and other similar trading in the stock exchange refers to the units in which, directly or through subsidiaries. Stock registration statement is given to those who apply. This declaration of actual people akitle himself or his authorized representative or the authorized representatives of legal persons by the competent bodies of the stock exchange is completed and signed, together with the following documents:
 
             a) for natural persons:
 
             1) purchase or sale of substances included in the quotation of the stock market are engaged in issues shows that the registration of Tradesmen and Artisans of Turkey Turkey Trade Registry Gazette or the original or a certified copy or certificate of registry Registry Gazette.
 
             2) Certified copy of ID and photo.
 
             3) Notarized signatures.
 
             4) or a certificate of residence permit.
 
             5) The new three photos taken.
 
             6) shows the tax certificate, or tax registration document.
 
             7) borsalarca legislation or other necessary documents required or the Union.
 
             b) For legal entities:
 
             1) The original or a certified copy of the trade registry gazette published the declaration of registration or certificate of commercial registration.
 
             2) a notarized signature of Representatives.
 
             3) and photo ID card copy of Representatives approved.
 
             4) Representatives of the three new photo taken.
 
             5) or a certificate of residence permit of Representatives.
 
             6) Registration announcement published, example of notarized articles of association.
 
             7) borsalarca legislation or other necessary documents required or the Union.
 
             This is the first paragraph (a) and (b) above and the originals of the documents notarization requirement is sought to be seen, as the original stamp of samples shall smite and paraflanmak be approved by the relevant stock exchange.
 
             Register with the degree of accuracy of the information specified in the declaration of state of the business as a result of this review is examined and determined by the stock market report is issued in place.
 
             Determined by the content of the report is determined by the Association registration statement.
 
             The applications for the registration of membership of the branches, along with the required documents attached to a letter submitted to the board immediately.
 
             Resen records
 
             Article 7 - According to Article 32 of the Law on the stock market there has to register within one month from the date of commencement of work required on the application, or who failed to keep learning about the stock market, ex officio, primarily the commercial register of them have been registered or non-registered in the register of tradesmen and artisans in order to arrange the relevant trade informs the registry office or directorship track record of craftsmen and artisans. Upon such notification, the Trade Registry Office is required to make the necessary steps with the directorate of craftsmen and artisans record.
 
             Track record has been registered on the stock market, do not fulfill the obligation to register in accordance with the first paragraph of this Article, registered in the commercial register or register of craftsmen and artisans in place by the stock market are examined and the status of those identified in this report is issued as a result of the review. In addition, the stock market and the need to record the documents mentioned in the first paragraph of Article 6 of this Regulation, the person concerned a sample of existing commercial registration officer's personal file or record the Directorate of craftsmen and artisans are provided.
 
             Records decision
 
             Article 8 - the requested report on the records identified by registration statement and attachments, ex-officio of the Trade Registry Office records or documents obtained from the Directorate of craftsmen and artisans determined by the track record of the report submitted to the board. Accordance with the provisions of these regulations are deemed to be saved for membership Board of Directors shall decide. The Board of Directors the authority to issue the president, members of the general secretary may delegate to one or more or.
 
             Ceded to authorize the Board of Directors or in case of transfer of authority, the person concerned was published in the Official Gazette No. 25705 dated 19.01.2005 exchanges under the provisions of the Regulation on Classification of Occupations occupational group, published in the Official Gazette No. 25694 dated 08.01.2005 Registration Fee and Annual Dues and Determination and payment of additional fees in accordance with the degree and the Regulation on the registration fee to be decided. This decision by the board of directors in the event of the decision to the registry, the authority granted by the registration statement of ceded indicated. In case of transfer of authority ceded to the authority given by the Board of Directors or the date of the decision, the recording date.
 
             Procedures for recording
 
             Article 9 - The stock exchange decided to record the following procedures shall be applied for each member:
 
             a) registration number of stock market and the stock market is register book is recorded. Registration numbers will numerated. Record the registration numbers of the other members of the members can not be deleted.
 
             b) Information related to a common data base is processed. The principles and procedures concerning the keeping of a common database organization and designated by the Ministry upon the approval of the Union.
 
             c) Exchange registry file is opened. Started with the documents that form the basis of the stock market's record, other documents are stored in this file. With the trade register number or the registration number of the stock market's craftsmen and artisans registration number, the file will be overwritten. The documents shall be kept in the registry file Stock Exchange in this file is transferred to the electronic media can be used.
 
             d) In case a request is a valid photo ID. The period of validity is indicated on the identification.
 
             e) record was made on the stock exchange shall be notified immediately started.
 
             f) branch of the work of the members in the field of stock registry file is sent immediately to the appropriate branch.
 
             Notification
 
             Article 10 - the stock exchange in order to record a notification in the notification made been done;
 
             a) The recording date,
 
             b) Degree and determined the extent of the Parliament within ten days from the date of receipt of the appeal against the decision may be,
 
             c) will pay the registration fee and the registration fee is not paid on time with this payment period 6183 pursuant to the Law on the Procedure of Collection of Public Receivables overdue interest accrued daily ettirilece?i,
 
             d) are included in this occupational group, occupational group, and for the Parliament within ten days from the date of receipt of the appeal against the decision may be,
 
             clearly marked.
 
             Record in the case of ex-officio members, as well as to the matters specified in the first paragraph of this notification;
 
             a) the stock records parliament within ten days from the date of receipt of the appeal against the decision may be,
 
             b) it is necessary to register on the stock exchange of artisans and craftsmen in the trade register or record of civil service administration documents can not be provided within one month of delivery of the stock market, in the case of documents are not delivered in time, dated 03.02.2005 published in Official Gazette No. 25,743 B & Exchange Members Submitted Discipline and Disciplinary Committee and the High Disciplinary Committee Fines and effect transactions in accordance with the Regulation on
 
             clearly marked.
 
             Objection
 
             Article 11 - Members of records, which is established on-demand decisions on grades, ex officio if the records registered and / or degrees against the decisions of the Annual Registration Fee Determination and Payment of Fees and additional fees within the framework of Article 15 of the Regulation on, which is included on the occupational group against decisions of the Regulation on the Classification of Occupations Trading Markets may appeal within the meaning of Article 9.
 
             Reporting and tracking of changes in status of members
 
             Article 12 - Those registered in the commercial register of the members, in cases occurring in and registered in accordance with the Turkish Commercial Code No. 6762, dated 06.29.1956, and you need a change of any kind, while those who are registered craftsmen and artisans matters stated in the declaration of recording the changes in the stock market within one month from the realization, must inform the stock exchanges where they are registered. Notification is made with a petition. Documents that form the basis of the Notification is added to the petition. Members do not fulfill the obligation to export notification about the room and the Stock Exchange with Discipline and Disciplinary Committee Fines and carried out in accordance with the provisions of the Regulation on the Board of Discipline.
 
             Trade register or be registered craftsmen and artisans in the legal form is required, and the time the news about the stock market, a point which is unregistered, the necessary conditions do not fulfill the legal obligation of the relevant trade registry office for the registry changes are made, or notify the directorate of craftsmen and artisans record. Upon such notification, the Trade Registry Office is required to make the necessary steps with the directorate of craftsmen and artisans record.
 
             For follow-up and investigation of the members states and Annual Registration Fee and Payment of Fees and additional fees on Detection, notwithstanding the provisions of the second paragraph of Article 13 of the Regulation.
 
             Updated register of members
 
             Article 13 - The Stock Markets, a member in January of each year in accordance with Article 32 of the Law updates records. Accordingly, the first day of January of the second year before the current year, so far, have done the update process, and during this time the situation could not be determined on the stock market, buying and selling agents who do not have the services of a member of the parliamentary decision will be suspended, and they can not benefit from the stock market. Suspension of membership, members of professional groups and voter lists of the names of the deletion and suspension of these members include fees accrued.
 
             In the current year, the stock market before and after the first day of January of the second year of registered members of the first paragraph of this Article shall not apply.
 
             Suspended due to lack of membership in the trade in the stock market from those items on the stock market in the presence of substances subject to the documenting process of trading on the register or on its own initiative if it is determined that the decision of the hook is lowered and the names of the members of parliament membership fee accruals will be restarted by including occupational groups. However, these fees are not included in the voter lists ödemedikçe all debts.
 
             From those due to the suspension of a member state of the address and can not be identified, address and membership status reported by the decision of the hanger assembly is lowered and occupational groups by including the names of these members will be restarted fee accruals. However, these fees are not included in the voter lists ödemedikçe all debts.
 
             Address and can not be identified due to the status of members of the suspended member, following parliament's decision to suspend the membership of two years from the beginning of the year in the address and not informing the status of records, the decision of the board of directors of the stock exchange offers and the parliament will be deleted.
 
             The relevant bodies responsible for the implementation of this Article.
 
             Deleting records upon request or ex officio
 
             Article 14 - Trade register or cancellation of registration of craftsmen and artisans showing that record can Tradesmen and Artisans of Turkey or Turkey Trade Registry Gazette Newspaper Records Or the instance of the original or a certified record of craftsmen and artisans on the Directorate of Trade Registry Office or a post petition received directly or through branches stock exchange submitted to the decision of the board's record will be deleted.
 
             Trafficking leave, the tax cost to the end, death and other reasons, upon application or ex officio member learning about the stock market, leaving the job, first record of these commercial register or register of craftsmen and artisans in order to arrange cancellation of the relevant trade registry office ettirmeyenleri canceled or notify the directorate of craftsmen and artisans record . Upon such notification, the Trade Registry Office is required to make the necessary steps with the directorate of craftsmen and artisans record.
 
             Trade register registration record can be canceled or craftsmen and artisans in the stock market and trade register in accordance with the second paragraph of this article with recording sildirmeyenler or cancellation of registration of those stock records register of craftsmen and artisans, the decision of the Board of Directors upon the approval of the relevant professional committee will be deleted.
 
             The Board of Directors authorized the president deleting records, or the Secretary-General may delegate to one or more members. Ceded to the authority delegated by the board of directors or of the decision in history, the history of the record deletion.
 
             Registration procedures for deleting
 
             Article 15 - The provisions of this Regulation, according to the stock exchange about the deleted record is done as follows:
 
             a) Stock register book is written with the record date of deregistration deleted. Record the registration numbers of the other members of the members can not be deleted.
 
             b) a common data base of deleted record is processed.
 
             c) The documents that constitute the record on deleting registry file is placed on the stock market. In addition, the record is written on the file and the file is deleted from the archive in order to be removed from the enclosure.
 
             d) Registration are canceled, the validity period does not end by asking identities will be canceled.
 
             e) Registration Fee and Annual Dues for members and the record was deleted Determination and Payment of additional dues shall be taken in accordance with Article 9 of the Regulation on. However, notwithstanding the provisions of Article 10 of the same Regulation.
 
             If deregistration of the members of the branch in the field of study, the branch will be sent immediately to the appropriate documentation for deleting records. In this case, the substance (c), (d) and (e) above is carried out by branch operations.
 
PART THREE
 
Body Meetings and Resolutions
 
             Ordinary and extraordinary meetings
 
             Article 16 - Occupation committee normally meets once a month. If necessary, the president, always meet in extraordinary session in the absence of a call duly authorized deputy. In addition, at least two of the five-person committee of vocational, professional committee of seven persons at least three, four, and on at least one committee of nine persons employed profession for at least five member professional committee chairman of the committee, upon written request addressed to the professional committee chairman within three days , in the absence of aid authorized by the extraordinary meeting.
 
             The Assembly normally meets once a month. If necessary, the parliamentary speaker, always meet in extraordinary session in the absence of a call duly authorized deputy. In addition, parliament, or at least one quarter of the members of the Board of Directors within seven days upon written request addressed to the chairman of the parliament, president, vice authorized by the absence of an extraordinary meeting.
 
             The Board of Directors meets regularly once a week. If necessary, the chairman, always meet in extraordinary session upon the invitation of authorized absence. In addition, at least two of the five-person board of directors, the board of directors at least three of seven, a nine-person board of directors on the board of at least four and at least five members of the Board of Directors upon written request addressed to the chairman of the board in three days, the head , in the absence of aid authorized by the extraordinary meeting.
 
             Disciplinary Board, the president or chairman of the board shall convene on call when needed. In addition, at least three members of the disciplinary committee, upon written request addressed to the chairman of the disciplinary committee, within three days of the head, in the absence of a meeting called by the oldest member of the board.
 
             Branch council meets once a month, as usual. Branch council president necessary, always meet in extraordinary session in the absence of a call to aid. In addition, the branch council, at least one quarter of the members of the board of directors of branches or branch within seven days upon written request addressed to the council chairman, president, in the absence of an extraordinary meeting called by the deputy.
 
             Branch Board of Directors meets regularly once a week. Branch board of directors, the president needed, always meet in extraordinary session upon the invitation of the absence. In addition, the board of directors of branches, branch chairman of the board at least two members within three days upon written request addressed to the chairman of absence, by the deputy called for an extraordinary meeting.
 
             Body meetings shall be chaired by the head of the organ. Meetings in the absence of the Chairman, the oldest member of the Discipline Committee and other bodies authorized by the vice president shall preside.
 
             Occupation committees chairmen, vice presidents, or appropriate members of the virtue of the decision of the committee may attend meetings of the parliamentary vote on issues concerning their profession to not use.
 
             Call meeting
 
             Article 17 - Organ for meetings of the members, by the head of the organ containing the agenda will be sent an invitation. Members of a joint called the meeting by invitation. Meeting invitations delivered to members prior to the meeting at least twenty-four hours. Extraordinary meetings shall not be this time.
 
             Sending meeting invitations to members with the agenda, shall be subject to the notification mentioned in Article 80 of this Regulation. However, in exceptional cases can not be sent to the Board of Directors meeting invitation / branch board of directors may be called by telegraph.
 
             Be agreed in advance by the day and time of the meetings and the usual organs, provided that this decision has been communicated to each member for each meeting members are not required to send a separate invitation. In this case, the agenda for the meetings, at least twenty-four hours before the meeting, the members shall be delivered or sent by fax or electronically. If the day fixed for the meeting Meeting coincides with a public holiday is the first working day following the holiday.
 
             The implementation of this Article, the heads of organs, is responsible for the absence of helpers yetkilendirdikleri.
 
             And place of the meeting agenda
 
             Article 18 - Organ agenda for the meetings, the general secretary or his designee on the preparation made by the staff, the head of the organ, will chair the meeting in the absence of a member is determined by the. Ba?lan?l?ncaya also discussed the agenda of the meeting until the committee of five persons employed in at least two, at least three of seven professional committee, committee of nine persons employed on a person employed at least four and at least five members of the professional committee chairman of the committee, at least one-quarter of the members of parliament At least one-third of the board members of parliament speaker and chairman of the board, upon written request addressed to the new items added to the agenda of the meetings.
 
             Branches organ agenda for the meetings, on the preparation made by the branch manager, the head of the organ, will chair the meeting in the absence of a member is determined by the. We also commenced the meeting until the branch at least two members of the board of directors of branches and branch chairman of the board at least one-third of the members of council, upon written request addressed to the president of the branch council added new items to the agenda of the meetings.
 
             Body meetings is essential to the service building. Meetings may be held outside the building where compulsory service.
 
             The list of attendees
 
             Article 19 - Meeting a quorum of the members participate in meetings and elsewhere, in order to identify the members of designated portions of all of its members with the name and signature of attendees, under the supervision of the head of the organ or the appointed deputy secretary-general, the branches are kept by the branch manager.
 
             The list of attendees, from organ to attend meetings prior to each meeting shall be signed by the members. Attend the meeting, where he was stationed in front of the names of the members attending the meeting or written.
 
             Meeting and the quorum
 
             Article 20 - The professional committee, council, board and council of the disciplinary committee and the branch and the branch is collected by a majority of the number of members of the board of directors. Decisions by a majority of the total number of members of the Discipline Committee, is given by a majority vote of those present in other organs. Meetings, abstain from voting.
 
             Body members except for meetings regarding the posting, professional committee, council, board of directors and the members of the disciplinary committee and the branch and the branch council board members themselves, their wives, and the third degree (this degree included) up to the second degree of blood and (this is very inclusive) marriage up attend meetings and discussed the agenda for jobs and fosters interest vote. Otherwise, the decision taken on this agenda item will be deemed invalid and the actions taken in accordance with this decision.
 
             For the reasons given in the second paragraph of this Article meetings and the absence of the quorum, the meeting is called to reserve exclusively to members. Have not participated in this part of the meeting's participate or not participate in the meeting does not result in full.
 
             Those who participate in these meetings and the meetings of the Disciplinary Board Room and the Stock Exchange granted to the members of the Disciplinary Committee and the Disciplinary and Fines of Article 28 and Article 29 of the Regulation on the Board of Discipline shall apply.
 
             Number of meetings and decision making
 
             Article 21 - the number of organs to begin a circuit circuit's meetings until the end of each election the numbers are numerated. In addition, the decisions taken at the meetings in order to start at number one on the numbers given at each meeting.
 
             Decision Summaries
 
             Article 22 - Decisions be signed immediately as written, or electronic devices before the summary of the written and signed after registration. Summaries of the decision in writing as a summary of the decisions before the meeting date, the number of decisions taken and, if the number of votes of the members who vote against the dissenting opinion written.
 
             General secretary / decision summaries maintained by the branch manager, the president and general secretary of the organ / branch manager meetings with the council members attending the meeting shall be signed by the clerk. Deciphering the records with electronic equipment, general secretary / branch manager or designated personnel are made by.
 
             The decision was based on summaries or transcripts decisions made electronic devices, the members attending the meeting shall be signed at the next meeting at the latest. However, if more than 40 the number of members of parliament parliamentary meetings and interviews were recorded on tape, it is decoded. To decode it comes to adjusting the head of parliament, along with the decisions of the meeting turned into a draft report and summary of the decision to the next meeting agenda will be sent along with the members of parliament. Summaries of decisions of the Assembly, in the next parliamentary session, read the first article of the agenda, and submitted for approval. Exactly, or corrected, the minutes of the approval of parliament, members of parliament signed by the president and the vice president with the clerk. Signing process, the decision shall be written on the last page of the page number and the decision to sign the sheet with the names is done by the initialling of the other pages. Per the minutes of that meeting is added to the signature rule. The number of meetings each page of the record date, the number of pages written.
 
             Decision-books
 
             Article 23 - The stock exchange, council, board of directors and the board of each professional discipline committee, the board of directors at head office to branch and branch councils are kept in a separate casebook. Hand book of resolutions, decisions are not written, printed and electronic media writing and the decision of the relevant body sealed and bonded to the edges of book pages. Each page of a multiple-page decision, the decision individually glued book pages.
 
             Balance sheet, final accounts, balance, transfer statement, income statement, staff schedules, tariffs and other documents with the results of the decisions in the decision in the total figures dercedilir or by giving them the subsequent decision of the notebook pages glued edges sealed.
 
             Decision-books, electronic devices for meetings with decision summaries and general secretary or his designee personnel records, kept by the branch manager at head office. These are outside of the demands of the administrative and judicial authorities to be taken out of service building.
 
             Decision-books, in the premises of the service by members of the organ and copying for a fee every time samples can be analyzed. The provisions of Right to Information Act No. 4982.
 
             The results of the meeting that non-participation
 
             Article 24 - Disabled or more unexcused participate in a half of meetings held within six months of the professional committee, council, board of directors and the members of the disciplinary committee and the branch and the branch council membership shall be deemed members of the board of directors. Six-month period after the date of the finalization of the elections in any organ is calculated considering the six-month time frame.
 
             Due to the quorum is not reached in the usual organ gerçekle?ememesi meetings three times in a row, a member of the three did not come to the meeting shall be automatically terminated. If quorum is not reached due to the gerçekle?ememesi meetings, meetings held to materialize a copy of the decision on the list of participants adhered to the book sealed edges.
 
             Accordance with the provisions of this Regulation or any other place no call to members to attend meetings of the organs of the appointment, the first and second paragraph of this Article, the application is considered unable to attend participated in these meetings.
 
             Participation in the meetings of the members and the secretary general body meetings / follow-up schedules continue to be held by the branch manager, and supervised by the head of the organ charts. As a result, deemed to have resigned from membership, or membership chairman of the board of directors in place of those who were self-determined ends / branch president or reserve members called by the head of the organ.
 
             The heads of the organ responsible for the implementation of this Article.
 
             Joint meetings
 
             Article 25 - Occupation committees, each of the president of the board of directors, in the absence of aid authorized in accordance with Article 17 of this Regulation will call on the participation of the board of directors in March and September of each year, to be jointly collected every six months. This is the chairman of the meeting, shall preside in the absence of aid authorized.
 
             Joint meetings, a quorum is not required. Decisions are taken by a majority vote of those present. The decisions taken are recorded in minutes. These decisions are advisory, the first meeting of the board of directors or council discussed.
 
SECTION FOUR
 
Documents approved and edited by Services Offered
 
             Instruments
 
             Article 26 - Commodity Exchanges and their subsidiaries, and the second paragraph of Article 51 of the Law on or approvals required by the legislation allows documents upon request. Upon request, these documents can be given in a foreign language.
 
             Be issued in printed documents. In addition, the documents in electronic form in accordance with the provisions of the relevant legislation can be edited Award. The Union will be held borsalarca and their branches, and is authorized to determine the shape and content of documents to be approved.
 
             Borsalarca given and approved documents are approved by the board of directors. The Board of Directors authorized the President, or the Secretary-General may delegate to one or more members. Documents will be approved by the branches and the branches shall be certified by the board of directors. Branch chairman of the board of directors the authority of branches, branch manager or delegate to one or more members.