While some banks were expressly removed from the scope of Law No. 195, Vakıflar Bankası was not. The 2008 principle decision clarifies that distinction.
The Details of the Decision
| Field | Information |
|---|---|
| Decision number | 181 |
| Decision date | 21.11.2008 |
| Official Gazette date | 26.11.2008 |
| Official Gazette number | 27066 |
| Legal basis | Articles 30 and 38 of Law No. 195 |
How the Dispute Arose
According to the decision, before the starting date of the dispute (May 2008), the official announcements and advertisements of Türkiye Vakıflar Bankası T.A.O. and Vakıf Emeklilik A.Ş., which are among the statutory customers of the Agency, were published through the Agency in the newspapers and magazines published in the places within the field of duty of the Agency and holding the right to publish those announcements and advertisements.
The decision then recounts what happened next: the Bank, relying on Law No. 4603, and Vakıf Emeklilik A.Ş., relying on the ground that its controlling shareholder is subject to the provisions of private law, had their announcements and advertisements published without going through the Agency.
The Reasoning of the General Assembly
Law No. 4603 on Türkiye Cumhuriyeti Ziraat Bankası, Türkiye Halk Bankası Anonim Şirketi and Türkiye Emlak Bankası Anonim Şirketi, adopted on 15 November 2000 and entered into force on the date of its publication in the Official Gazette of 25 November 2000, No. 24241, introduced various arrangements concerning the three Banks named in it, and by the amendment made in Article 5 of the same Law the various provisions of laws that are not to be applied to those Banks — among which is Law No. 195 on the Establishment of the Press Advertisement Agency — were laid down.
The Opinion of the Council of State
In the opinion of the First Chamber of the Council of State of 30 October 2006, E. 2006/692, K. 2006/941, proceeding from Articles 29 and 42 of Law No. 195, it was stated that the announcements and advertisements of “the other institutions established by law or their affiliates” must be published through the Agency.
The Result of the Decision
Proceeding from that opinion, since T. Vakıflar Bankası T.A.O. and Vakıf Emeklilik A.Ş. are among the statutory customers of the Agency, the official announcements and advertisements of that Bank and Company must be published through the Agency, in the places where the Agency has an intermediary duty, in the newspapers and magazines holding the right to publish those announcements and advertisements, within the framework of the provisions of Articles 29, 31 and 42 of the same Law, Articles 77–79 of the Regulation of the Agency and Articles 2, 3 and 7 of General Assembly Decision No. 67.
| Organisation | Basis | Result |
|---|---|---|
| Türkiye Vakıflar Bankası T.A.O. | Established by Law No. 6219 | Its announcements and advertisements through the Agency |
| Vakıf Emeklilik A.Ş. | 53.9% of its capital belongs to the Bank | Its announcements and advertisements through the Agency |
| Ziraat, Halk, Emlak Bank | Law No. 4603, Art. 5 — Law No. 195 is not applied | Outside the scope |
The General Meaning of the Decision
The decision reinforces two principles:
- Institutions established by law and their affiliates fall within the scope of Art. 42 of Law No. 195 even where they are subject to the provisions of private law.
- Falling outside the scope requires an express statutory provision — and indeed there is such a provision in Law No. 4603 for the three banks, but not for Vakıflar Bankası.
We covered Art. 42 in the exceptions for private announcements.
Similar Principle Decisions
- announcements-of-state-economic-enterprise-affiliates-turkey — GA 42 (1969)
- announcements-of-merged-institutions-and-affiliates-turkey — GA 70 (1978)
- turkish-airlines-advertising-official-turkey
- foundation-university-advertising-turkey
- general-assembly-announcements-of-agricultural-producer-unions-turkey — GA 207 (2017)
Conclusion
Under General Assembly Principle Decision No. 181 of 21.11.2008, Türkiye Vakıflar Bankası T.A.O., established by Law No. 6219, and Vakıf Emeklilik A.Ş., 53.9% of whose capital belongs to that Bank, are among the statutory customers of the Agency. For that reason their announcements and advertisements must be published through the Agency, in the places where the Agency has an intermediary duty, in the newspapers and magazines holding the right to publish them. Vakıflar Bankası is not among the Ziraat, Halk and Emlak Banks removed from the scope by Law No. 4603.