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Official Gazette Weekly Update — 12–18 October 2026: Extension of the Minimum Capital Deadline, the Muhammet Babur Decision on an Advertisement Board Fine and the Machinery Safety Regulation

Resmî Gazete Haftalık Gelişmeler — 12.10–18.10.2026: Asgari Sermaye Süresinin Uzatılması, Reklam Kurulu Cezasına İlişkin Muhammet Babur Kararı ve Makine Emniyeti Yönetmeliği
Published19 October 2026
Reading time14 min
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CategoryRegulatory
Published19 October 2026
Contents01Introduction02Extension of the Minimum Capital Deadline for Joint Stock and Limited Liability Companies03The Ministry’s Powers over Instalment Sales in Retail Trade04Election Held for Memberships of the Personal Data Protection Board05Machinery Safety Regulation (2023/1230/EU)06Amendment to the Public Procurement General Communiqué07The Constitutional Court’s Muhammet Babur Decision on an Advertisement Board Fine08Other Individual Application Decisions of the Constitutional Court09Regulation on Geographical Data Permits10Amendment to the Regulation on Technology Transfer Offices11Other Publications of the Week12Conclusion
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SummaryÖzet

This legal update presents a selection of the resolution of the Grand National Assembly of Türkiye, regulations, communiqués and Constitutional Court decisions published in the Official Gazette issues Nos. 33398 to 33404 between 12 October 2026 and 18 October 2026. No duplicate issue was published between these dates. The update covers one resolution of the Grand National Assembly of Türkiye, two new regulations, three amendments to regulations, two communiqués and three individual application decisions.

Key takeaway · Kilit sonuç

The deadline for joint stock and limited liability companies to raise their capital to the new minimum amounts was extended to 31 December 2027; in Muhammet Babur the Constitutional Court found a right-to-property violation.

01
Introduction

In the executive and administrative section of the week, two instruments of the Ministry of Trade were published. By the Communiqué published in the Official Gazette dated 17 October 2026, the period prescribed for joint stock and limited liability companies to increase their capital to the new minimum amounts provided for in the Turkish Commercial Code No. 6102 was extended until 31 December 2027 (31/12/2027). By the amending Regulation published in the Official Gazette dated 15 October 2026, Article 12/B of the Regulation on the Principles and Rules to be Applied in Retail Trade, concerning sales by instalments, was redrafted.

The Official Gazette dated 16 October 2026 published the resolution of the Grand National Assembly of Türkiye on the election held for the two vacant memberships of the Personal Data Protection Board, the Machinery Safety Regulation (2023/1230/EU) and the Communiqué amending the Public Procurement General Communiqué. The judicial section of the same issue contained the Muhammet Babur decision, in which the First Section of the Constitutional Court held that the right to property had been violated on account of the imposition of an administrative sanction by the Advertisement Board on the basis that a sale transaction was deemed an unfair commercial practice. The other issues of the week published the Regulation on Geographical Data Permits and the Regulation amending the Regulation on Technology Transfer Offices of Higher Education Institutions. No instrument was identified in the indices of the issues covered by this update amending the legislation on industrial property, intellectual and artistic works or competition.

02
Extension of the Minimum Capital Deadline for Joint Stock and Limited Liability Companies

The Ministry of Trade’s Communiqué on the Extension of the Period for Joint Stock and Limited Liability Companies to Increase Their Capital to the New Minimum Amounts was published in the Official Gazette dated 17 October 2026 and numbered 33403 and entered into force on the date of its publication. The Communiqué was prepared on the basis of Article 210 and Provisional Article 15 of the Turkish Commercial Code No. 6102 (“TCC”).

The Legislation Provides

Under Article 2 of the Communiqué, “Pursuant to the first paragraph of Provisional Article 15 of Law No. 6102, the period prescribed for joint stock and limited liability companies whose capital is below the amounts provided for in Articles 332 and 580 of Law No. 6102, and for non-public joint stock companies that have adopted the registered capital system and whose initial capital and issued capital are below the amounts specified in the said Articles, to increase their initial capital and issued capital to the new minimum amounts has been extended until 31/12/2027.”

03
The Ministry’s Powers over Instalment Sales in Retail Trade

The Ministry of Trade’s Regulation Amending the Regulation on the Principles and Rules to be Applied in Retail Trade was published in the Official Gazette dated 15 October 2026 and numbered 33401 and entered into force on the date of its publication. The amendment replaced the first and second paragraphs of Article 12/B of the Regulation, published in the Official Gazette dated 6 August 2016 and numbered 29793, and repealed the third, fourth and fifth paragraphs of the same Article.

The Legislation Provides

Under the new first paragraph of Article 12/B of the Regulation, “The Ministry is authorised to determine the instalment periods in, or to take decisions introducing additional restrictions on, sales of goods and services by instalments other than housing sales, carried out with or without the issuance of negotiable instruments, including the periods in which, after the sale of goods or services, the debt is paid in instalments or payment is deferred against a certain fee.” Under the second paragraph of the same Article, decisions taken within this scope are announced on the Ministry’s website and sent to the umbrella professional organisations.

04
Election Held for Memberships of the Personal Data Protection Board

Resolution No. 1513 of the Grand National Assembly of Türkiye dated 14 October 2026 on the Election Held for Memberships of the Personal Data Protection Board was published in the Official Gazette dated 16 October 2026 and numbered 33402. The resolution states that, as a result of the election held at the 6th Sitting of the Plenary on 14 October 2026 for the two vacant memberships of the Personal Data Protection Board pursuant to Article 21 of Law No. 6698 on the Protection of Personal Data (“PDPL”), Recep Keskin and Cennet Alas Şekerbay were elected as members of the Personal Data Protection Board. The resolution indicates the political party group that nominated both candidates as the Justice and Development Party Group.

05
Machinery Safety Regulation (2023/1230/EU)

The Ministry of Industry and Technology’s Machinery Safety Regulation (2023/1230/EU) was published in the Official Gazette dated 16 October 2026 and numbered 33402. Under Article 50 of the Regulation, the Regulation was prepared within the framework of harmonisation with European Union legislation, on the basis of Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery. Under Article 1 of the Regulation, its purpose is to lay down the health and safety requirements for the design and construction of machinery, related products and partly completed machinery, and to regulate the rules on the free movement of the products within its scope. Under Article 2 of the Regulation, its scope covers machinery as well as interchangeable equipment, safety components, lifting accessories, chains, ropes and webbing, removable mechanical transmission devices and partly completed machinery.

The Legislation Provides

Article 51 of the Regulation repealed the Machinery Safety Regulation (2006/42/EC), published in the Official Gazette dated 3 March 2009 and numbered 27158, and the Regulation on the Certification and Marking of Wire Ropes, Chains and Hooks (73/361/EEC), published in the Official Gazette dated 1 July 2003 and numbered 25155. Under Provisional Article 1, the Ministry does not impede the making available on the market of products placed on the market in conformity with the repealed Regulation before 20 January 2027 (20/1/2027); EC type-examination certificates and approval decisions issued under Article 13 of the repealed Regulation remain valid until their expiry. Under Article 49 of the Regulation, where the provisions of the Regulation are infringed by economic operators, the Ministry applies the administrative sanctions set out in Law No. 7223. Under Article 52 of the Regulation, Articles 1, 2 and 3, Articles 27 to 42, Article 47, Provisional Article 1 and certain other enumerated provisions enter into force on the date of publication, and the remaining provisions on 20 January 2027 (20/1/2027).

06
Amendment to the Public Procurement General Communiqué

The Public Procurement Authority’s Communiqué Amending the Public Procurement General Communiqué was published in the Official Gazette dated 16 October 2026 and numbered 33402. The amendment replaced the phrases “TRY 5,000” (“5.000 TL’yi”) in Article 17.3.2 of the Communiqué and the phrase “TRY 5,000” in Article 17.4.1 with “TRY 50,000” (“50.000 TL’yi”). Under Provisional Article 24 added to the Communiqué, tenders that were announced or notified in writing before the date of entry into force of the Communiqué are concluded in accordance with the provisions of the Communiqué in force on the date of the announcement or notification. The Communiqué enters into force 30 days after the date of its publication.

07
The Constitutional Court’s Muhammet Babur Decision on an Advertisement Board Fine

The Muhammet Babur decision of the First Section of the Constitutional Court dated 6 May 2026 (Application No. 2021/24689) was published in the Official Gazette dated 16 October 2026 and numbered 33402. The application concerns the allegation that the right to property was violated on account of the imposition of an administrative sanction on the basis that a sale transaction was deemed an unfair commercial practice. According to the decision, the applicant is the owner of a business selling through an internet platform. Following an inspection carried out on 25 March 2020 by the Provincial Directorate of Trade of the Konya Governorship, the commercial practice directed at consumers in relation to the product in question was made the subject of an examination by the Presidency of the Advertisement Board. At its meeting of 14 April 2020, the Advertisement Board concluded that the applicant, contrary to the requirements of professional diligence, had increased the price of the product outside the normal functioning of the market mechanism and in a manner adversely affecting consumers’ purchasing behaviour, by taking advantage of the negative effect created by the COVID-19 pandemic on consumers; it decided to impose an administrative fine of TRY 104,781 pursuant to subparagraph (e) of the twelfth paragraph of Article 77 of Law No. 6502 on the Protection of Consumers and to order the cessation of the said commercial practice. The action brought by the applicant before the Ankara 10th Administrative Court seeking the annulment of the administrative sanction was dismissed by a decision dated 12 November 2020; the 9th Administrative Chamber of the Ankara Regional Administrative Court dismissed the appeal by its decision dated 7 April 2021.

In its decision, the Constitutional Court stated that the applicant had set out in detail, also indicating the amounts, the cost difference between the sales made through the e-commerce site and the sales carried out under physical conditions, had argued that the price increase forming the basis of the administrative sanction did not constitute an unfair commercial practice, and had requested that an expert report be obtained if necessary; however, the judicial authorities had not addressed this claim, which was capable of altering the outcome of the dispute. The decision further stated that, in addition to the administrative fine, the cessation of the commercial practice had also been ordered against the applicant and that, although the relevant provision states that this sanction may be applied where deemed necessary, no assessment whatsoever was made as to why the cessation sanction was deemed necessary in the specific case. Concluding that the procedural safeguards necessary for the protection of the right to property had not been afforded in the specific case and that the interference was not proportionate, the Court unanimously held on 6 May 2026 that the right to property guaranteed under Article 35 of the Constitution had been violated, that a copy of the decision be sent to the Ankara 10th Administrative Court (E.2020/944, K.2020/1662) for retrial, that the claim for compensation be rejected, and that litigation costs of TRY 40,487.60 be paid to the applicant.

08
Other Individual Application Decisions of the Constitutional Court

Two further individual application decisions of the First Section of the Constitutional Court were published in the Official Gazette dated 16 October 2026. The Olcay Özçelik decision dated 4 March 2026 (Application No. 2024/31038) concerns the allegation that the right to liberty and security of person was violated on account of the unlawfulness of detention, and the Osman Gökmen decision dated 6 May 2026 (Application No. 2022/11105) concerns the allegation that the right to a reasoned decision was violated on account of the failure to address, in proceedings relating to an occupational accident, substantial claims capable of altering the outcome of the decision. The operative parts of these two decisions are not examined in this update. The Official Gazettes dated 15 and 16 October 2026 also published sixty-three decisions of the Constitutional Court dated 26 March 2026, Nos. K: 2026/1 to K: 2026/63, concerning the financial audit of political parties.

09
Regulation on Geographical Data Permits

The Regulation on Geographical Data Permits of the Ministry of Environment, Urbanisation and Climate Change was published in the Official Gazette dated 14 October 2026 and numbered 33400 and entered into force on the date of its publication. Under Article 1 of the Regulation, its purpose is to determine the procedures and principles regarding the permits to be granted by the Ministry within the scope of the commercial activities of natural persons, private law legal entities, foreign natural persons and foreign legal entities in collecting, producing, sharing or selling the geographical data falling within the National Geographical Data Responsibility Matrix, and regarding the sharing of geographical data with the Ministry within the scope of disaster and emergency management. The Regulation was prepared on the basis of Article 1 of Law No. 7221 and Presidential Decree No. 49 on Geographical Information Systems.

The Legislation Provides

Under Article 10 of the Regulation, the period of validity of the permit certificate is determined, at the request of the permit holder and with the approval of the Ministry, as not less than one year and not more than five years; where the title of the legal entity or its shareholders change, the change is notified to the Ministry through the system within fifteen days. Under Article 15 of the Regulation, where it is established that a geographical data permit has not been obtained, the operator of the activity is granted a period of fifteen days from the date of notification to apply for a permit; natural persons who are Turkish citizens and private law legal entities that do not apply for a permit within the period granted are subject to an administrative fine in the amount of the highest one-year permit fee for the year in which the finding was made, and foreign natural and legal persons to an administrative fine in the amount of twice the one-year permit fee. Where the administrative fine is paid within the payment period, a reduction of 25% is applied to the fine.

10
Amendment to the Regulation on Technology Transfer Offices

The Regulation of the Presidency of the Council of Higher Education Amending the Regulation on Technology Transfer Offices of Higher Education Institutions was published in the Official Gazette dated 13 October 2026 and numbered 33399 and entered into force on the date of its publication. By subparagraph (k) added to the first paragraph of Article 6 of the Regulation, the amendment added to the duties of technology transfer offices: “Establishing, opening branches of, taking over or operating production facilities of an industrial and commercial nature, or becoming a partner in facilities of such a nature, without prejudice to the provisions of the relevant legislation, for the purpose of scaling up, mass producing or directly commercialising the knowledge, inventions and technologies arising from the research and development activities carried out at the university”.

11
Other Publications of the Week

By the Regulation Amending the Electric Scooter Regulation, published in the Official Gazette dated 13 October 2026, Article 22 of the Regulation concerning administrative sanctions was redrafted; the Article sets the administrative fines of TRY 86,900 and TRY 8,687 to be imposed under the sixth paragraph of Article 66 of Law No. 2918 and Article 28/A of the Decree, and provides that reports may also be drawn up electronically. By the Communiqué on the Prevention of Unfair Competition in Imports (No. 2026/31), published in the Official Gazette dated 14 October 2026, the decision taken upon completion of the anti-dumping investigation into imports of “sodium gluconate” originating in the People’s Republic of China was put into effect; the measures under the Communiqué will lapse five years after the date of their entry into force.

InstrumentOG date and issueEntry into force / outcome
Amendment to the Technology Transfer Office Regulation13 Oct 2026 / 33399Effective on publication
Amendment to the Electric Scooter Regulation (Art. 22)13 Oct 2026 / 33399Administrative fines TRY 86,900 and TRY 8,687
Regulation on Geographical Data Permits14 Oct 2026 / 33400Effective on publication
Communiqué on the Prevention of Unfair Competition in Imports (No. 2026/31)14 Oct 2026 / 33400Measures lapse five years after entry into force
Amendment to Article 12/B of the Retail Trade Regulation15 Oct 2026 / 33401Effective on publication
Constitutional Court political party financial audit decisions (K: 2026/1–63)15–16 Oct 2026Sixty-three decisions; not examined in this update
Grand National Assembly Resolution No. 1513 (PDP Board memberships)16 Oct 2026 / 33402Recep Keskin and Cennet Alas Şekerbay elected
Machinery Safety Regulation (2023/1230/EU)16 Oct 2026 / 33402Enumerated provisions on publication; others 20/1/2027
Amendment to the Public Procurement General Communiqué16 Oct 2026 / 33402Effective 30 days after publication
Constitutional Court, Muhammet Babur (App. No. 2021/24689)16 Oct 2026 / 33402Right to property violated; retrial
Constitutional Court, Olcay Özçelik and Osman Gökmen16 Oct 2026 / 33402Operative parts not examined in this update
Communiqué extending the minimum capital deadline17 Oct 2026 / 33403Effective on publication; deadline 31/12/2027
Publications of the week (12–18 October 2026)
SubjectValueBasis
Deadline for raising capital to the minimum31 December 2027Communiqué Art. 2
Public Procurement General Communiqué thresholdTRY 5,000 → TRY 50,000Arts. 17.3.2, 17.4.1
Entry into force of the Public Procurement amendment30 days after publicationAmending Communiqué
Machinery Safety Regulation: remaining provisions20 January 2027Art. 52
Advertisement Board administrative fine (Muhammet Babur)TRY 104,781Law No. 6502 Art. 77(12)(e)
Litigation costs payable to the applicantTRY 40,487.60Constitutional Court decision
Validity of the geographical data permit1–5 yearsRegulation Art. 10
Notice of title/shareholder change; permit application period15 daysRegulation Arts. 10, 15
Reduction for administrative fine paid in time25%Regulation Art. 15
Electric scooter administrative finesTRY 86,900 and TRY 8,687Regulation Art. 22
Duration of anti-dumping measures5 yearsCommuniqué (No. 2026/31)
Dates, amounts and periods mentioned in this update
12
Conclusion

In the week of 12 October 2026 – 18 October 2026, by the Ministry of Trade’s Communiqué, the period prescribed for joint stock and limited liability companies to increase their capital to the new minimum amounts was extended until 31 December 2027 (31/12/2027). Article 12/B of the Regulation on the Principles and Rules to be Applied in Retail Trade was amended, conferring on the Ministry the authority to determine instalment periods and to introduce additional restrictions in sales of goods and services by instalments other than housing sales. By Resolution No. 1513 of the Grand National Assembly of Türkiye, Recep Keskin and Cennet Alas Şekerbay were elected to the two vacant memberships of the Personal Data Protection Board.

The Machinery Safety Regulation (2023/1230/EU) was published; the former Machinery Safety Regulation (2006/42/EC) was repealed, and the provisions of the new Regulation other than those enumerated are arranged to enter into force on 20 January 2027 (20/1/2027). The phrases “TRY 5,000” in the Public Procurement General Communiqué were replaced with “TRY 50,000”. The Constitutional Court held that the right to property had been violated on account of the failure to address the claims in the action brought against the administrative fine and cessation order imposed by the Advertisement Board for an unfair commercial practice, and sent the file to the Ankara 10th Administrative Court for retrial. The Regulation on Geographical Data Permits provides for an administrative fine for activity carried out without a permit; the Regulation on Technology Transfer Offices of Higher Education Institutions now sets out the duty of technology transfer offices to establish and operate production facilities.

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