What Are The Changes Introduced by the Decision Regarding The Determination Of The Companies Subject To Independent Audit? 04 December 2022
As it is known, the independent audit, which is important in terms of informing both the public and the shareholders about the financial status of the company, is obligatory for companies to be determined by the President in accordance with the Turkish Commercial Code (TCC) No. 6102.
|
In this context, although it was determined which companies would be subject to independent auditing with the Cabinet Decision published in the Official Gazette dated 23/01/2013 for the first time, these standards were changed in the following years by the Cabinet Decisions published in the Official Gazette |
|
Similarly, today's economic conditions have led to the need to re-determine the scope of independent auditing, and in this context, the Decision on the Determination of Companies Subject to Independent Audit numbered 6434 (hereinafter referred to as "Decision") was published in the Official Gazette dated 30/11/2022 and numbered 32029. |
|
The decision will enter into force on 1/1/2023 and the changes it regulates are as follows; |
|
Regulation on Companies Subject to Independent Audit in accordance with Article 3; |
|
In accordance with Article 3, companies subject to independent audit have been regulated, and the following changes have been made in other companies that exceed the threshold values of at least two of the three criteria specified in subparagraph b for two consecutive accounting periods; |
|
1) Threshold values for publicly traded companies whose capital market instruments are not traded in a stock exchange or other organized markets, but within the scope of the Capital Markets Law No. 6362 of 6/12/20212, |
|
|
2) Threshold values for companies specified in the attached list (II); |
|
|
3) Thresholds for companies not covered by the above; |
|
|
Regulation on Companies Excluded from the Scope of the Decision Pursuant to Article 4; |
|
In addition, unlike the decision numbered 2018/11597; The savings finance companies, whose liquidation was decided by the Banking Regulation and Supervision Agency within the scope of the fourth paragraph of the temporary Article 7 of the Law No. 6361 dated 21/11/2012, and whose liquidation process was appointed by the Savings Deposit Insurance Fund (SDIF) and carried out by the liquidation commissions, were excluded from independent auditing. |
|
Regulation Regarding the Attached List (I) of the Decision Regarding the Determination of the Companies Subject to Independent Audit; |
|
In accordance with the Banking Law dated 19/10/2005 and numbered 5411, companies subject to the regulation and supervision of the Banking Regulation and Supervision Agency are included as "Saving Financing Company" by adding subparagraph (ğ). |
|
The full text of the Decision can be found in here. |
Other News
-
14.1.2026
Administrative Monetary Fines under Law No. 6698 on the Protection of Personal Data: Current Risks and Compliance Assesment
Under Law No. 6698 on the Protection of Personal Data, the obligations relating to the processing of personal data are being supported by increasingly severe sanctions each year for both data controllers and data processors. The administrative monetary fines announced by the Personal Data Protection Authority for 2026 clearly demonstrate that KVKK compliance is not an area that can be postponed or addressed merely in a formalistic manner.
-
7.1.2026
Supreme Court Review of the Termination of an Employment Contract for Compelling Reasons from the Perspective of the Employee and Employer
Summary of the Judgment of 9th Civil Chamber of the Court of Cassation, Merits No. 2025/5850, Decision No. 2025/6491, dated 17.09.2025:
-
4.1.2026
Financial Thresholds Under IPO Requirements Updated For 2026
With the decision of the Capital Markets Board of Türkiye (the "CMB") dated 31 December 2025 and numbered 2025/68 (the "Decision"), the financial thresholds required to be met for initial public offering ("IPO") applications to be filed in 2026 by companies whose shares will be offered to the public for the first time have been tightened.
-
25.12.2025
The Duration of the Financial Restructuring Implementation Has Been Extended Again in 2025
The duration of the implementation of the financial restructuring implementation carried out within the scope of Provisional Article 32 of the Banking Law No. 5411 has once again been extended for a period of two years by Presidential Decision No. 10765, which was published in the Official Gazette dated 25 December 2025 and numbered 33118.
-
17.12.2025
Sustainability in KVKK Compliance: Beyond a One - Time Compliance Approach
With the acceleration of digitalization, personal data has become a strategic asset for institutions and companies; accordingly, the lawful processing, protection, and management of such data has gained critical importance both in safeguarding individual rights and ensuring corporate sustainability. Law No. 6698 on the Protection of Personal Data sets forth the fundamental principles and obligations regarding the processing of personal data and imposes comprehensive compliance responsibilities on data controllers. Compliance with the KVKK is no longer merely an obligation aimed at avoiding administrative fines; it has also become an indispensable element for protecting corporate reputation, establishing customer trust, and effectively managing legal risks.
-
14.12.2025
Is an Employee Entitled to Benefit from a Wage Increase Implemented During the Notice Period
Pursuant to Article 17 of the Turkish Labour Act No. 4857, the termination of an indefinite-term employment contract must be notified to the other party in advance. Accordingly, employment contracts shall be deemed terminated:
-
11.12.2025
Extension of the Exemption Period in Capital Loss and Over - Indebtedness Calculations
Article 376 of the Turkish Commercial Code No. 6102 ("TCC") regulates the determination of capital loss and insolvency situations in companies, and the procedures and principles to be followed in such cases are detailed in the "Communiqué on the Procedures and Principles Regarding the Application of Article 376 of the Turkish Commercial Code No. 6102" ("Communiqué on TCC Art. 376"),
-
7.12.2025
What is OFAC? Its Strategic Importance For Investors And Areas Of Application
As the world changes and with each passing day, one of the terms we encounter more frequently is "OFAC". In today's globalized world, investors seeking to make international investments come across OFAC or interact with it in one way or another. This is because the sanctions imposed by OFAC relate not only to U.S. citizens or U.S.-origin companies, but also to individuals who have direct or indirect economic or financial contact with the United States. So, what is this OFAC?
-
3.12.2025
Loans To Shareholders And Adat Invoice
In practice, it is quite common for companies to extend loans to their shareholders. In situations where the company becomes a creditor of its shareholders, adat interest must be calculated on the outstanding balance and an invoice must be issued. Accordingly, adat is a method used to calculate accrued interest based on the period during which company funds are utilized by shareholders or related parties, ensuring that any potential tax loss is compensated. These calculations are important for compliance with transfer pricing rules, accurate determination of the tax base, and the fulfillment of legal obligations such as Value Added Tax (“VAT”).
-
27.11.2025
Notification Process To The Central Securities Depository & Trade Repository Of Türkiye For Bearer Share Certificates And Legal Consequences
1. Issuance and Notification of Bearer Share Certificates Pursuant to Article 484 of the Turkish Commercial Code ("TCC"), joint stock companies have two types of share certificates: registered shares and bearer shares. While the transfer of registered shares is completed through delivery, certain conditions have been introduced under the Communiqué on the Notification and Registration of Bearer Share Certificates with the Central Securities Depository ("Communiqué") for the transfer of bearer shares. Within the scope of the Communiqué, the registration of bearer shares with the Central Securities Depository & Trade Reposıtory of Türkiye ("MKK"), the adoption of a board resolution, and the registration and announcement of this resolution before the relevant trade registry directorate and in the Turkish Trade Registry Gazette are required.
-
19.11.2025
The Letter Of Intent Procsess in Merger and Acquisition Transactions
Merger and acquisition ("M&A") transactions are multi-layered processes from both legal and commercial perspectives. Before the parties proceed to the contractual stage, they enter into a preparatory phase in order to articulate their transactional intentions, exchange commercial expectations, and establish the legal framework. This preparatory phase constitutes the initial stage in which the parties discuss the fundamental principles of the transaction structure, formulate their negotiation strategies, and assess the transactional risks.
-
13.11.2025
New Constitutional Court Decision On Violation Of The Right To A Reasoned Decision Published İn The Official Gazette
1. INTRODUCTION The reasoning constitutes the part of judicial decisions that demonstrates the cause and justification for resolving the matter in the manner indicated in the operative section, and it is an extension of adjudication. The fact that the reasoning is satisfactory and consistent is crucial for ensuring the right to be legally heard and the right to a fair trial. By setting forth the court's impartiality, a reasoned judgment enables the parties to understand and be satisfied with the material and legal grounds upon which they have won or lost the case, owing to reasoning that genuinely aligns with the contents of the file, as well as with logic and law.
-
6.11.2025
Decision Of The Constitutional Court Concercing Excluded Pernonnel
In the Constitutional Court's Judgment published in the Official Gazette dated 22 September 2025.
-
23.10.2025
The Obligation for the Principal and Subcontractor Employers to Jointly Participate in Mediation Has Been Annuled by the Constitutional Court
An important Constitutional Court decision has been published regarding the mediation process that an employee can apply to with a request for reinstatement after the termination of employment relations in the workplace. The Constitutional Court ruled that the provision in paragraph (15) of Article 3 of the Labor Courts Law No. 7036, which states, "In cases where there is a principal employer-subcontractor relationship, for a request for reinstatement to be submitted to a mediator, the employers must participate in the mediation talks together and their intentions must be compatible for an agreement to be reached," is unconstitutional. The decision was published in the Official Gazette dated October 17, 2025, and numbered 33050.
-
22.10.2025
The Constitutional Court Has Annulled The Provision Granting The President Authority To Restrict Foreign Exhange And Money Movements!
In its decision No. 2024/193 Merits 2025/136 Decision1 dated 17 June 2025 ("Decision"), published in the Official Gazette on 15 October 2025, the Constitutional Court ("Court") annulled Article 1 of Law No. 1567 on the Protection of the Value of the Turkish Currency ("Law"). The annulled provision had stated that: "The President is authorized to make decisions for the regulation and restriction of the export from or import into the country of currencies, securities, and bonds, and of the purchase and sale of foreign exchange, cash, securities, bonds, precious metals, precious stones, and any goods and valuables made of or containing them; as well as of commercial papers and all means and instruments used for payment, and to take decisions aimed at protecting the value of the Turkish currency."