The Regulation on the Changes to the Regulation on the Methods for Remote Identification to be Used by Banks and the Establishment of Contractual Relationships in Electronic Environment (“Regulatory Amendment”), which will closely affect the banking ecosystem, was published in the Official Gazette on May 25, 2023.

What Has Changed with the Regulatory Amendment?

• Additions have been made to the general principles that must be complied with before conducting the remote identification process, including persons with disabilities.

In the remote identification process to be carried out for disabled people within the scope of the additions made to the general principles, controls will be made considering the situation of disabled people. It is also among the additions that disabled people can get help from another person during the video call stage for remote identification. However, the customer representative must also take photographs or screenshots of the identity document presented by the third party who will assist in remote identification.

• In the process of determining the identity of legal entities, articles verifying the representative authority of the person authorized to represent have been incorporated.

The remote identification of legal entities is regulated with the Regulatory Amendment. According to the addition made by the legislator, remote identification procedures can be carried out by verifying the information received from the person authorized to represent the legal entity. The verification related to the authorization to represent will be carried out by matching the information obtained from the person about the representative authority with the information obtained from the Central Registration System ("MERSIS") or the Trade Registry Gazette. If there is more than one person authorized to represent the legal entity, it is now possible to carry out the identification procedures at different times.
Following the incorporations, if necessary, during the identification process, the customer representative can secure a copy of the signature circular, which is provided by the representative and demonstrates the legal authorization of the individual to represent the legal entity. The signature sample in the identity document or MERSIS will be compared with the signature sample in the circular and it will be possible to evaluate whether the person is authorized to represent. Signature circular can also be confirmed with the date and document number on it.

• With the Regulatory Amendment, new articles were incorporated regarding the verification of the information to be used in the identification of the legal person and the recognition of the real beneficiary.

In order to determine the identity of the legal person, the updated information obtained from the legal person can be compared with the information obtained from the database of MERSIS, the Trade Registry Gazette and the Turkish Revenue Administration. In the identification process, necessary measures can also be taken to reveal the real beneficiary of the legal entity.

Who Does It Affect and How?

The Regulatory Amendment affects all stakeholders within the banking ecosystem. However, it is particularly important in terms of remote identification for legal entities and individuals with disabilities.

Effective Date

The provisions in the Regulatory Amendment published in the Official Gazette on May 25, 2023, will enter into force on June 1, 2023.

In Summary

With the Regulation Amendment, remote identification can now be made in the banking sector for legal entities and the disabled. With the amendment, banks can now collect further personal data from individuals authorized to represent legal entities and the disabled customers. Therefore, banks conducting the remote identification process may need to reconsider their processes related to their personal data collection.