In accordance with Article 46 of Law No. 5174, it is obligatory to register purchase-sale transactions on the minimum amounts of the items subject to the Exchange to the Commodity Exchanges. For sales through electronic commerce, this article is covered.
They are the organized organizations in which the prices of agricultural and animal products (including those processed) are based on supply and demand and the prices are registered and announced.
In this respect, Commodity Exchanges; In the formation of an efficient functioning market mechanism, determination of the real value of the products, ensuring the stability of price movements, trading on reliable prices have to fulfill the functions of establishing a balance between national and international markets. The registration of purchases and sales is of great importance within the functioning of the stock exchanges. The main reason for the registration process; It ensures the awareness of interested parties by providing safe and sufficient information about the procurement of sales and prices, the transparency of the market, all product and price movements to all buyers and sellers and the authorities. Within this, the sales and purchases, those who make them, the amount and prices should be determined, checked and recorded, should be registered in the language of the stock market. Therefore, registration of transactions is one of the main activities of stock exchanges.
REGULATION ON SUBSTANCES INCLUDED IN COMMODITY EXCHANGES AND REGISTRATION OF PURCHASES OR SALES OF THESE SUBSTANCES
Article 9 - It is obligatory to register the transactions on the stock exchange on the minimum amounts of the commodities subject to the stock exchange. Sales through electronic commerce are also covered by this article.
Although not subject to the stock exchange, sufficient supply and demand, the purchase and sale of agricultural products of multiple quality, depending on the demand of the buyer or seller may be registered in the stock exchange.
The purchases made by the consumers for their own needs and the purchases made at or below the amount of the commodities subject to the stock exchange are not subject to registration.
REPLACEMENT OF LIABILITY OF REGISTRATION
Article 10 - The obligation of registration shall be fulfilled as follows:
a) In case the buyer and the seller are in the working area of the same stock exchange, the transaction shall be registered to the stock exchange by the party determined according to the customary traditions and customs and the registration fee shall be paid. In the absence of the party obliged to register, the other party is obliged to register and pay the fee.
b) If one of the buyer and seller is within the working area of the stock exchange and outside the other;
1) If there is a stock exchange in the place where two parties are present and the goods are subject to both exchanges and the transaction is made by correspondence, telegraph, telephone, telex or electronically, the party in the place where the contract is accepted is registered and the fee is paid by that party. If it cannot be determined where the agreement is completed by acceptance, the transaction is registered and paid by the seller to the stock exchange in the place where the seller's headquarters is located.
2) If there is no stock exchange in the place where one of the parties is located or if the stock exchange exists, the goods are not included in that stock exchange or if one of the parties is abroad, the transaction shall be registered and paid by the other party to the stock exchange where its headquarters is located.
c) The members registered in the stock exchange shall register the purchases or sales outside the working area of the stock exchange and other than the registration procedures specified in this paragraph to the stock exchanges in which they are registered and pay the fee.
d) If one of the traders outside the working limits of the Exchange is a trader or producer who does not have the title of an industrialist, the obligation to register and the obligation to pay the registration fee belongs to the other party who is the merchant and the industrialist. If both of the trading parties are producers who are not traders or industrialists, the registration obligation is not applied.
e) The stock exchange registration fee for the support purchases and sales made by public economic institutions and public institutions with more than half of the state capital shall be paid to the relevant stock exchange at the latest within thirty days following the date of the transaction.
Article 11- Transactions carried out at the exchange place on the same day, within the working area of the stock exchange, but transactions that are permitted to be bought and sold outside the exchange place are registered within thirty days at the latest.
Export-related transactions are registered following the agreement.
In the event that the registration requirement is not fulfilled in the specified periods, except for the force majeure that is accepted by the council and which occurs against the will of the members, the registration fee is collected by more than fifty percent. Furthermore, the registration fee that is not paid in due time is accrued on a daily delay in accordance with the Law No. 6183 on the Procedure for the Collection of Public Receivables.
NOTICE OF REGISTRATION
Article 12 - The prices related to the registered transactions shall be announced in writing on the same day with the purchase and sale methods. However, trade names and special conditions of the parties are not disclosed.
CANCELLATION OF REGISTRATION
Article 13 - Trading transactions registered in the stock exchange may be canceled by the decision of the board of directors upon the written applications of the parties or terminated by the arbitral tribunal or the court. In this case, the registration fee is refunded upon request.
If the same transaction is repeated, the registration is canceled by the decision of the board of directors.
Article 14 - The fee charged relative to the value of the registered treatment is called "Registration Fee".
The rate of registration fee is the maximum two thousandth of the value of the purchase and sale of the goods and this rate is determined by the parliament. In order to be applied at the same rate for the purchase and sale of the commodities subject to the stock exchange, the ceiling of the total registration fee to be taken per transaction shall not be less than and less than ten percent of the annual dues ceiling. The rate of registration fee of the product bill is at most ten thousandth of the value of the purchase and sale.
The Assembly may set the registration fee rate at different rates for içi intra-market transactions ve and dış off-exchange transactions üzere in order not to exceed the maximum terms specified in the second paragraph of this article.
There is no charge for registration of exports. However, domestic purchases of goods exported by the exporter are subject to registration and fees.
It is essential that the registration fee be paid in advance by the registrant at the time of registration. The Assembly may decide to obtain advance advance for the registration of its members in the future, or may decide to pay the total amount of the fees related to the registration of its members within fifteen days at a time, at the latest.
After the purchase and sale transaction is registered, the changes that affect the joint registration fee made by the parties are communicated to the stock exchange on the day of registration and if this change causes an increase in the registration fee, the difference is collected. If there is a decrease in the registration fee and it is notified to the stock exchange on the same day, the excess fee will be returned to the related parties. The registration fee is calculated separately for each transaction.
FOLLOW-UP OF REGISTRATION
Article 15 - Stock exchanges are authorized to audit whether their members have registered all of their purchases and sales. For this purpose, the judge may examine the relevant books and documents of the members by a decision.
As a result of these examinations, if it is determined that the registration requirement is not fulfilled without a valid reason, the transactions shall be registered ex officio and the procedure shall be carried out in accordance with the third paragraph of Article 11 of this Regulation.