Official Gazette dated 3 September · one publication
In this issue
- Capital Markets Law No. 6362 · Remote identification and contract execution rules updated for foreign nationals and legal entities
- Turkish Commercial Code No. 6102 · Remote identification and corporate contract rules reorganized for brokerage houses, portfolio management companies, and crypto-asset providers
Capital Markets Law No. 6362
Remote identification and contract execution rules updated for foreign nationals and legal entities
Communique Amending the Communique on Remote Identification Methods and Establishment of Contractual Relations in Electronic Environment to Be Used by Intermediary Institutions, Portfolio Management Companies and Crypto Asset Service Providers (III-42.1.b)
Published in the Official Gazette, this communiqué sets forth the procedures and principles regarding the remote identification methods and the establishment of contractual relationships in electronic environments by intermediary institutions, portfolio management companies, and crypto-asset service providers. The new regulation introduces detailed rules allowing non-Turkish nationals to establish business relationships via remote identification using near-field communication (NFC) and passports. Additionally, new provisions have been added concerning the remote identification of legal entities registered in the trade registry and the verification of their representation authorities.
Strict limitations regarding address verification requirements, risk-based monitoring principles, and money transfers have been stipulated for the remote identification process of foreign nationals using passports. For the identification of legal entities, mandatory verification through the databases of MERSİS (Central Registry System), the Trade Registry Gazette, and the Revenue Administration has been introduced. Accordingly, relevant institutions must update their customer onboarding processes and compliance measures in line with the new rules.
Article by article
Subparagraph (g) of the first paragraph of Article 4
Before The definition of person was limited solely to natural persons undergoing remote identification.
Now The definition of person has been expanded to include the natural person undergoing remote identification, sole proprietors, or the natural person or persons authorized to represent a legal entity.
Representatives of legal entities and sole traders have now been explicitly included within the scope of individuals subject to remote identification.
Subparagraphs added to the first paragraph of Article 4 (m, n, o, ö)
Before Definitions regarding the ultimate beneficial owner, MERSİS, the Trade Registry Gazette, and the concept of legal entity were not included in this article.
Now Definitions for the ultimate beneficial owner, MERSİS, the Trade Registry Gazette, and the concept of legal entity were added to the Communiqué.
Key terminology has been legally defined to ensure uniformity in practice.
Article 8/A
Before There was no specific regulation regarding the remote identification of non-Turkish national natural persons.
Now Procedures and principles were introduced for the remote identification of non-Turkish national natural persons through passports compliant with ICAO 9303 standards and NFC.
The pathway for onboarding foreign customers via remote identification was established, subject to mandatory address verification, strict money transfer restrictions, and Financial Crimes Investigation Board (MASAK) reporting obligations.
Article 9/A
Before Detailed provisions regarding the remote identification of legal entities and the verification of representation authority were absent.
Now Rules were added concerning the remote identification of trade registry-registered legal entities, database verification through MERSİS, the Trade Registry Gazette, and the Revenue Administration, circular of signature checks, and the identification of the ultimate beneficial owner.
The verification of authorized signatories during remote corporate account opening processes has been made subject to strict formal requirements.
Effective date
3 September 2026
MADDE 4- Bu Tebliğ yayımı tarihinde yürürlüğe girer.
Who is affected
Intermediary institutions, portfolio management companies, crypto-asset service providers, and foreign national natural persons and legal entities opening accounts through remote identification with these institutions.
Turkish Commercial Code No. 6102
Remote identification and corporate contract rules reorganized for brokerage houses, portfolio management companies, and crypto-asset providers
Communiqué Amending the Communiqué on Remote Identification Methods and Establishment of Contractual Relations in Electronic Environment to Be Used by Intermediary Institutions, Portfolio Management Companies and Crypto Asset Service Providers (III-42.1.b)
Published in the Official Gazette, this communiqué introduces significant innovations and details regarding the remote identification and electronic contract execution processes conducted by intermediary institutions, portfolio management companies, and crypto-asset service providers. Within the scope of the regulation, commercial companies registered in the trade registry have been included in the definition of legal entity by reference to the Turkish Commercial Code, and rules for the remote identification of foreign national natural persons using near-field communication-compatible passports have been detailed. Furthermore, procedures regarding the remote identification of trade registry-registered legal entities and the verification of representation authority through MERSİS, Trade Registry Gazette, and Revenue Administration data have been clarified.
It has been mandated that foreigners identified remotely via passport shall be monitored under a high-risk group and that money transfers shall be executed exclusively via SWIFT through foreign bank accounts registered in their own names. In this context, companies and relevant financial institutions must align their new customer acceptance processes, identity verification steps, and risk management procedures with the updated regulations.
Effective date
3 September 2026
MADDE 4- Bu Tebliğ yayımı tarihinde yürürlüğe girer.
Who is affected
Intermediary institutions, portfolio management companies, crypto-asset service providers, and natural and legal person customers wishing to transact via remote identification.
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This bulletin is for information purposes only and does not constitute legal advice. The official text prevails.
