Ankara (ANK)-Capital Markets Board (CMB), “Public Disclosure Platform “Communiqué went to change. Regulation will enter into force from 1 January 2014 with the purpose of ensuring the efficiency of public disclosure, capital market instruments sold to qualified investors, issuers were brought to the notification obligation. Notification of the electronic certificate holder by non-PDP in sending information to ensure the security of an electronic information system establishment and implementation was allowed.
CMB, the Public Disclosure Platform Notification in the Official Gazette published. Communiqué of partnerships, investment companies, fund founder and determined by the Board and other bodies and organizations information, documents and statements electronically signed the Public Disclosure Platform (KAP) to be sent, by independent auditors issued independent audit reports electronically prepared and be signed and independent control his notification required partnerships and organizations submitted electronically regarding the rules and procedures seeks to identify.
-ELECTRONIC SIGNATURE AS A CONTAINER TO BE SENT NOTICES-
Assembly in accordance with regulations for public disclosure of the container to be sent to electronic signature to be used in the notification. Such notification is required notifications partnerships and organizations designated by the Board or by the operator PDP form, content and duration in accordance with the signed electronically with an electronic signature will be sent to the container. In addition, an independent audit of financial statements and reports relating to the notifications made by the institutions responsible for organizing the independent audit of the partnership and sent electronically to organizations in the audit report created by a secure signature creation tool to use electronic signatures. Board, exchanges, central clearing organizations, central depository institutions, the Central Registry Agency (CRA), PDP operator, Turkey Capital Market Intermediary Institutions Association and the Board will be determined by other agencies and organizations to be done by announcements electronically signed as a container to be passed to.
-electronic certificate application Obligation-
capital market instruments to qualified investors will sell or exchange traded in the first initial public offering will be partnerships, not publicly traded applying for shares offered to public listed company with funds shares for the first time in the export of funds by the founder of the prospectus or exported document approved at the request of Capital Markets Board application at the time, a sufficient number of partnerships or funds by the staff of the electronic certificate service provider of electronic certificates filed to be will be mandatory. These partnerships and funds, will be authorized to send notifications to document their electronic certificate application and issuance of the prospectus document will be presented to the Board at the stage of approval. Partnerships or funds on behalf of individuals who are authorized to send notifications previously received in the case of electronic certification and issuance of the prospectus related to the Board at the stage of approval of the document by the partnership or fund’ll be writing a statement on the issue. By exchange or market quotation record of decision or the decision to list in order to receive electronic certificates will be required to be taken. The application made by the Board disapproved the application be abandoned or shares or shares in the stock market transactions to muster in case of electronic certificates to the KAP system access privileges, PDP by the operator will be canceled.
-15 DAY IN THE APPLICATION TO BE HELD-
of Investment firms and independent auditors, authorized by the Board within 15 days from the date of adequate number of personnel for the electronic certificate service provider will be required to apply for electronic certificates. Notice required by the partnership of independent audit firms and organizations covered in this Communiqué of the notification made to disrupt and contain at least two people will be obliged to apply to the electronic certificate. In situations that require a change of electronic certificates, certificates of reference, changes occur within three business days following the date have to be made mandatory. The notification required under the Communiqué partnership with the independent audit institutions and organizations, opening new use of electronic certificates and certificate revocation process is completed electronically, in relation to issues immediately inform the operator that PDP. Electronic
-SIGNATURE POWERS REMOVED OR LIMITATION those electronic certificate ALLOCATION be-
various legal regulations in the context of signature privileges removed or restricted to persons electronic certificates will be allocated. Electronic certificates will occur in the case of people with and will require a change in the person’s electronic certificate provision of updates to the notification responsibility statement in the PDP operators and organizations belonging to the partnership will be required. Signature of the authority, removing or limiting investment institutions operating continuously stopped, the independent auditors, independent auditing authority from the list of removal, Partner in charge of the capital market to make independent audit of the prohibition of partnerships capital market instruments or stock mutual funds shares continuously stock at the depth of the market, from or removed from the list and a fund belongs to the founders of investment funds of one or more or all of any reason to liquidate in case of electronic certificates to the KAP system access privileges, PDP by the operator will be canceled.
-ELECTRONIC MEDIA STATEMENT MADE failure-
Notice required partnerships and organizations notified by the specified force majeure due electronically statement can not be made or the independent auditors and the independent accountants to audit the statement required partnerships and organizations notifications to be sent electronically signed and can not be made in the case; notification, the notification required partnerships and by organizations PDP in accordance with the principles defined by the operator as soon as possible be made to the PDP operator. In this case, the partnership required notifications and notifications sent by organizations within the framework determined by the operator PDP soon to be transferred to the container by the operator in the PDP. Although there is a mandatory reporting state is not sent electronically in accordance with the notification of the relevant facts or liability of legal persons will be reserved. Required a state of the existence of the burden of proof regarding the notification required partnerships and institutions and independent audit firms owned and proving information and documents concerned state occur on the day following the third business day KAP operator obligatorily sent to be necessary. Uploaded documents and information within the framework of a compulsory state available whether or mandatory state of the existence of sufficient evidence that there is in understanding, PDP operated by notification to be made by the Board upon the necessary procedures to be established.
Signatories except the person to be made by notification, the notifying party credentials to be verified, in accordance with the principles defined by the operator PDP soon be sent to the vessel operator to be transferred to PDP. This notice to be transmitted to the operator of the PDP and the PDP to be announced in the container by the operator based on the principles and KAP will be determined by the operator. Notice of the PDP by the operator container is transferred to the public has been announced to be the content of the PDP by the operator-examined and confirmed or warranties, express or implied will not come.
Board In other embodiments, the Communiqué of notification under obligation partnerships and organizations of independent audit firms will make notifications ships instead As regards the references to this Regulation shall enter into force from the date KAP made to be counted.
-PDP actuator COMMITTEE shall determine
PDP operator Capital Markets defined by the Council. By the Board, where appropriate, the PDP secure electronic certificate management procedures, such procedures in the context of signatures from the owners and from legal entities undertaking to be taken, the container notification to be sent and the undersigned persons other than by notification to the container listing the procedures and principles PDP operator determined by will be.
Information dated May 30, 2009, Electronically Signed Document and Statement of Principles Regarding Public Disclosure Platform About Sent (Serial: VIII, No: 61) was repealed. Board In other embodiments of Information, Documents and Description of Electronically Signed Public Disclosure Platform Posted Regarding the Communiqué on Principles references to this Communiqué made to be counted.
-IDENTITY INFORMATION VERIFICATION OF-
credential verification application, after the completion of the necessary development PDP will begin following the announcement to be made by the operator. This practice ba?lan?nca until such notification related by the PDP by the operator of the principles defined in the framework as soon as the container for transfer to the PDP operator to be transmitted.
“The current notification required partnerships and institutions and independent audit firms, electronic certificates to apply and those that have, from 1 January 2014 with a one month electronic certificate to apply for will be mandatory. Communiqué on 1 January 2014 to enter into force.
-SPK REGULATION BROUGHT they briefed-
CMB notified in writing regarding The statement was made. CMB regulations novelties of the summarized as follows:
“container of who to notify that matters in relation to the notification obligation partnerships and organizations were defined and these organizations notifications of principles was held.
public disclosure of the event in order to ensure capital market instruments to qualified investors selling the issuer to the notification obligation was introduced and principles in this respect was determined.
notifications electronic certificate holder by non-PDP in sending information to ensure the security of an electronic information system establishment and implementation was allowed. “(ANKA)
(HGS / ÖZKAN)
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