OIZ regulation has changed: New era in parcel allocation and licenses

The "Regulation on Amendments to the Organized Industrial Zones Implementation Regulation" prepared by the Ministry of Industry and Technology came into force after being published in the Official Gazette.

The regulation covers the procedures and principles regarding the establishment, construction and operation of OIZs and the establishment and activities of the OIZ Supreme Organization.

With the regulation, regulations were made regarding participation in the general assembly, parcel allocation, preliminary allocation, change of partnership shares and business licenses in OIZs.

Accordingly, one of the persons authorized to jointly represent the legal entity in the said regions can attend the general assembly by presenting the consent signed by the others.

Provided that a building permit is obtained, each of the owners of parcels of at least 3 thousand square meters in size included in the zoning plan can be represented in the general assembly as a participant.

Authorization can be given to one of them with the consent signed by more than half of the shareholders in the parcel with more than one share.

PLOT ALLOCATION AND TRANSFER PROCEDURES IN OIZS WERE ALSO REGULATED

It will be mandatory for business licenses and operating licenses to be signed electronically in the online system in OIZs.

Pre-allocation can be made with the permission of the Ministry of Industry and Technology until the expropriation and infrastructure construction process is completed in the areas of OIZs that have gained legal entity, where the location selection has been finalized.

Pre-allocation can be transferred under specified conditions. If it is determined that the company shares have been transferred without obtaining the permission of the Ministry for the purpose of transfer, the preliminary allocation will be cancelled. In this case, the amount to be repaid and the issues regarding its payment will be determined in the preliminary allocation agreement.

If participants who have started production with a business and operating license on parcels that have a direct common border with the advertised parcel apply for allocation, priority in allocation will be made based on the price resulting from the tender. Although the allocation method is determined by lottery, tendering will be mandatory in order to implement this priority. If there is more than one application in a similar situation, no priority will be given.

The participant whose allocation has been canceled due to the expiry of the specified periods can request reallocation from the OIZ without a refund.

The Ministry will not grant a time extension for reallocated parcels and this will be stated in the allocation agreement.

In order to prevent speculative transactions, if there is a change in partnership shares exceeding 49 percent in total in the shares of the company to which a pre-allocation or land allocation has been made, without the approval of the Ministry, the allocations will be cancelled.

Provided that the participant and the tenant make the application together during the allocation phase of the parcel and this is stated in the contract, at least one year will not be required from the date of receipt of the title deed of the facility without a redemption clause in order for the rental to be made.

The regulation also allowed the establishment of superficies in favor of real or legal persons on pre-allocated or allocated parcels owned by the OIZ, provided that the OIZ board of directors deems it appropriate. The duration of the superstructure right cannot exceed the allocation period given to the participant and this right cannot be transferred.