The Bill of Law on the Amendment of the Union of Chambers and Commodity Exchanges of Turkey, the Law on Chambers and Commodity Exchanges and Certain Laws and the Decree in the Decree of Law No. 640, which was accepted by the Parliamentary Committee on Industry, Commerce, Power, Ordinary Resources, Information and Technology, envisages changes in the Law on the Regulation of Retail Trade. .
Accordingly, it will be essential to make payments arising from commercial interests between manufacturers, suppliers and retail businesses within the period stipulated in the contract.
Duration of payments for agricultural and food products that can perish within 30 days from the date of production; If the creditor is small, the debtor is medium or large-scale, the creditor is medium-sized, and the debtor is a large-scale enterprise, it cannot exceed 30 days, and in other cases 45 days.
The deadline for payments for agricultural and food products, excluding agricultural and food products that can deteriorate within 30 days, will be limited to 60 days if the creditor is a small-scale enterprise, the debtor is a medium or large-scale enterprise, or the creditor is a medium-sized enterprise and the debtor is a large-scale enterprise. The periods specified in this regulation will be calculated based on the date of delivery or transfer of ownership, whichever comes first. The burden of proof that the payment was made within the deadline will be on the debtor.
The effective date of the said regulation will be January 1, 2024.
Common areas in shopping centers
Consumptions of electricity, water, natural gas, non-renewal maintenance, repair, security and cleaning costs of common areas, which do not belong to the same shopping center, and expenses related to the mission of the employee of the payroll administration working in the shopping center will be common expenses. Participation shares can be collected from retail businesses in the shopping center just for these expenses. No cost will be collected for the consumptions that do not qualify as common consumption such as advertising, marketing and consultancy, and for the consumptions that are not documented.
All kinds of income from rental, advertising, marketing, cultural and artistic activities and other common usage area incomes and advances from common consumption and participation shares will be common income. Common revenues will be used to cover common expenses.
The owner or administration of the shopping center will prepare a joint income and consumption report for the previous year every year and send it to the retail businesses in the shopping center. The report will include other information deemed necessary by the ministry regarding the type and amounts of common income and expenses, and the common expense participation shares that must be collected from each retail business.
The proposal is amending the penalty decisions part of the Law on the Regulation of Retail Trade. In order to prevent unfair commercial practices, deterrent administrative fines are envisaged.
Before the entry into force of the law, the contractual decisions that allow the request for participation shares from the retail businesses in the shopping center for expenditures such as advertising, marketing and consultancy, and which were established before the publication date of this matter, will be valid for the duration of the contract. However, in cases where the contract is renewed or the deadline is deemed to be extended before or after the expiry of the contract period, the participation share will not be collected for the expenditures in question.
Unless the sub-items of the administrative expenditure are separately specified in the contracts, participation shares can be collected from retail businesses only for the expenditures related to the mission of the payroll administrative employee working in the shopping center as administrative expenditure.
Participation shares to be paid by retail businesses will be calculated by dividing the sales areas of these businesses by the sales area of the shopping center.
Those who won the European Union Expert and Export Development Expert teams in the Ministry of Trade before the law proposal came into force, those who served in these teams with the prestige of the date the law proposal came into force, those who are on permanent duty abroad or who hold administrative positions in the Ministry or other public institutions and organizations, Upon request within 1 month from the date onwards, they will be assigned to the Trade Specialist teams appropriate to their situation.
