Where the publication owner is a company, an association or a foundation, the legislation requires a natural person to be determined: the representative of the legal person.
The Definition — Art. 4/r
Representative of the legal person: where the publication owner is a legal person, the natural person determined by the competent organ of that legal person from among the managers, or the natural person determined by the public institutions and organisations.
| Element | Content |
|---|---|
| When it is required | Where the publication owner is a legal person |
| Who determines it | The competent organ of the legal person |
| From among whom | From among the managers |
| In public organisations | The natural person determined by the public institutions and organisations |
| Its nature | Must be a natural person |
Included in the Definition of the Publication Owner — Art. 4/u
Publication owner: the natural person or the representative of the legal person stated in the declaration given under Law No. 5187.
In the First Sub-Paragraph of Every Title List
The phrase “the holder of the concession or the representative of the legal person” appears in Arts. 19/1-a, 20/1-a, 21/1-a, 22/1-a, 24/1-a and 27/1-a.
The Persons Who May Obtain a Press Card — Art. 7/1-b
Press cards may be given to the owners of periodicals or the representatives of legal persons and to the chairs of the boards of directors of radio and television organisations.
Its Position in the Official Announcement Legislation
Art. 20/2: the mother, father, spouse, natural and step children, adopted child and the parents of the spouse of the members of the management or supervisory organs of legal persons may also not appear in the staff — except for graduates of communication faculties and those who hold a press card as intellectual workers.
Additional Conditions at Internet News Sites
At internet news sites publishing official announcements, Art. 55/1-b requires the following of a legal person holding the concession:
- that 51% of the capital belong to Turkish citizens;
- that the representative of the legal person, the chair and deputy chair of the board of directors, the majority of the board of directors and officers such as the director general be of Turkish nationality;
- that the majority of votes in the decision-making organs be held by natural or legal persons of Turkish nationality;
- that the legal person carry on activity in Turkey.
We covered the detail in the citizenship condition for internet news site owners.
Appearance in the Imprint
Official Announcements and Advertisements Regulation Art. 36/1: the imprint shows the natural person where the publication owner is a natural person, and where it is a legal person the legal person, its trade name if any, and the representative of the legal person.
Art. 36/2: where the representative of the legal person changes, the change must be notified to the Agency in signed form on the first working day at the latest, and the necessary changes must be made in the imprint of the following issue.
Conclusion
The representative of the legal person is the natural person determined, where the publication owner is a legal person, by the competent organ from among the managers; in public organisations they are determined by the public institutions and organisations. They are within the definition of the publication owner and are listed together with the holder of the concession in the first sub-paragraph of every title list. In the official announcement legislation, by contrast, they may not appear in the intellectual worker staff, and a change must be notified on the first working day.