The affiliate of a public body is not itself a public body. So are its announcements regarded as official announcements? The 1969 principle decision fills that gap.
The Details of the Decision
| Field | Information |
|---|---|
| Decision number | 42 |
| Decision date | 14.02.1969 |
| Official Gazette date | 11.06.1969 |
| Official Gazette number | 13220 |
| Legal basis | Article 30 of Law No. 195 |
The Subject of the Decision
The application of 15.11.1968 by the Porcelain and Tile Factories Limited Company was discussed by the General Assembly of the Agency at its meeting of 14 February 1969 and a principle decision was reached under Article 30 of Law No. 195.
The Text of the Decision
“Although not being among the offices and bodies referred to in sub-paragraph (b) of Article 29 of Law No. 195, the announcements not of an advertising character of the affiliates in which those offices and bodies and the State Economic Enterprises and Institutions subject to Law No. 440 hold more than 50% of the capital are regarded as official announcements.”
The Elements of the Decision
| Element | Content |
|---|---|
| Who | The offices and bodies in Art. 29/b and the State Economic Enterprises and Institutions subject to Law No. 440 |
| Whose announcements | Their affiliates in which they hold more than 50% of the capital |
| Which announcements | Announcements not of an advertising character |
| Result | They are regarded as official announcements |
The Advertising Distinction
The decision expressly covers announcements “not of an advertising character”. Law 195, Art. 40/2: announcements made in newspapers and magazines with writing, pictures or drawings for commercial purposes such as increasing sales, or for the purpose of obtaining a material or moral benefit such as creating demand for something or for an idea, are regarded as advertisements.
The Connection with Art. 42: Going Through the Agency
Even where it is regarded as an advertisement, the obligation to go through the Agency may continue. Law 195, Art. 42: the announcements and advertisements that the offices and bodies referred to in sub-paragraph (b) of Article 29 and the other institutions established by law or by Presidential Decree, or their affiliates, will give to newspapers and magazines published in places where the Agency has a branch may only be published through the Press Advertisement Agency.
The Complementary Decision: Merged Affiliates
General Assembly Principle Decision No. 70 (25.08.1978): where the total of the capital shares in the new affiliates of those exempt from going through the Agency because their capital shares remained below the threshold reaches the rate provided for, they are treated like the organisations within the scope of that provision. We covered the detail in the announcements of merged institutions and affiliates.
Other Examples in Practice
Conclusion
Under General Assembly Principle Decision No. 42 of 14.02.1969, although not being among the offices and bodies in Art. 29/b of Law No. 195, the announcements not of an advertising character of the affiliates in which those offices and bodies and the State Economic Enterprises and Institutions subject to Law No. 440 hold more than 50% of the capital are regarded as official announcements.