Anadolu Agency is a structure of its own in Turkish law: it takes the form of a joint stock company but is subject to many provisions specific to the public sphere.

Three Statutes and a Directive

InstrumentWhat it brings
Law No. 7 (1/7/1960; Official Gazette 6/7/1960-10544)Exempts Anadolu Agency Turkish Joint Stock Company from the adaptation provisions of the Turkish Commercial Code on joint stock companies and from its Art. 272
Law No. 57 (12/8/1960; Official Gazette 19/8/1960-10582)Provisions on property counting as State property, staff being treated as officials in applying the Penal Code, and the acquisition of shares
Presidential Decree No. 14The basis of the Directorate of Communications' audit power
The Audit DirectiveThe procedures and principles of the audit - based on Art. 14 of Decree No. 14

Its Property Counts as State Property

Art. 1 of Law No. 57: the property of Anadolu Agency counts as State property. Those who commit offences against that property are prosecuted under the general provisions.

Its Staff Are Treated as Officials

Art. 2: the staff of Anadolu Agency are treated as officials in applying the Turkish Penal Code.

Art. 3 sets a limit: the provision of Art. 8 of Law No. 788 cannot be applied to officials to be appointed to board memberships and other duties at Anadolu Agency.

The Commercial Code Exemption

Art. 1 of Law No. 7 is short and clear: Anadolu Agency Turkish Joint Stock Company is exempted from the adaptation provisions of Turkish Commercial Code No. 6762 on joint stock companies and from its Art. 272.

It May Acquire Its Own Shares

Additional Art. 1, added to Law No. 57 by Law No. 6518 of 6/2/2014, grants the Agency a particular facility: Anadolu Agency Turkish Joint Stock Company may, without being subject to the ratio limitation in the first paragraph of Art. 379 of Turkish Commercial Code No. 6102, acquire its own shares directly or indirectly, for consideration or without, or accept them as a pledge.

  • The condition in Art. 379/3 of Law No. 6102 is not sought on acquisition.
  • The Agency may participate in a capital increase; the Board may decide that unused pre-emption rights may be used by the Agency itself.
  • The Treasury holds a usufruct right over the shares acquired.
  • The usufruct right is entered in the company's share register and registered within one month of the date of acquisition, as shares are acquired.
  • If the company is wound up for any reason, the ownership rights attached to those shares pass to the Treasury as holder of the usufruct right.
  • The public offering or other sale of the acquired shares is carried out within the framework of Privatisation Law No. 4046.
  • Arts. 384 and 385 of Law No. 6102 do not apply to shares acquired or taken as a pledge.

Statutes That Do Not Apply

Additional Art. 1 also lists the instruments that do not apply to the Agency. Among them are Decree-Law No. 233 (State Economic Enterprises), Decree-Law No. 399, Civil Servants Law No. 657, Decree-Law No. 190 (General Staffing and Procedure), Travel Allowance Law No. 6245, Court of Accounts Law No. 6085, Law No. 3346 and Public Procurement Law No. 4734.

The Press Card Side

Art. 23 of the Press Card Regulation sets a separate title list for Anadolu Agency and provides in its second paragraph that no press card is issued to those not working in the news field. Under Art. 43 a general card replacement is announced through the Directorate's website, Anadolu Agency and the Turkish Radio-Television Corporation.

Summary

  • Anadolu Agency is a joint stock company, but its property counts as State property (Law No. 57 Art. 1) and its staff are treated as officials in applying the Penal Code (Art. 2).
  • It is exempted from Art. 272 of the Turkish Commercial Code (Law No. 7 Art. 1).
  • Additional Art. 1, added in 2014, allows it to acquire its own shares, over which the Treasury holds a usufruct right.