From the Treasury (2012/9) 04.07.2012 Announcement

From the Treasury (2012/9) 04.07.2012 Announcement
INSURANCE CONTRACTS REGULATIONS RELATED TO THE IMPLEMENTATION OF INFORMATION ABOUT THE CIRCULAR III
                                                     
As is known, 28.10.2007, published in the Official Gazette No. 26684 dated and Insurance Contracts Disclosure in the first paragraph of Article 5 of the Regulation; "The insurer's disclosure obligation, the Insured and the insurance contract by the insurer against people who want to be party to the oral and written form is fulfilled. It is essential to inform in writing to be done. However, the telephone, call center, internet and other communication tools remotely using marketing methods the insurance contracts as well as contractual parties as physical confrontation and work as required by the written disclosure, of the question whether, in cases where a written consent requirement may not be sought. However, the insurer is obliged to prove that carried a minimum of information. In this context, the process to do with the nature of the procedures and principles regarding the type of information is determined by the Undersecretariat. "Provision is superior.
This authority based by the Undersecretariat of the "Insurance Contracts Disclosure in the Regulation on the Implementation Circular II (2008/12 Circular No) the contract before the establishment of the consumers on time and correctly informed the main goals that the emphasis of the parties, the physical confrontation is not possible in cases where the provision of information may be sought in writing has been submitted. In this context, telephone conversations to be recorded, confirmed electronic mail, fax, registered mail, courier transport via the internet in sales disclosure form on the internet to view and from the customer electronically confirm receipt in case the distribution of information deemed to be made, has been assumed.
Published in the Official Gazette No. 27846 dated 14.02.2011 and on 01.07.2012, entered into force in 6102 of the Turkish Commercial Code "Lighting liabilities" caption in the first paragraph of Article 1423; "Insurers and brokers, insurance contracts before establishing the required review period also recognized condition that will be installed to the insurance contract all the information about the insured's rights of the insured, in particular should pay attention to the provisions, depending on the developments reporting obligations to the Insured shall give written notice. In addition, regardless of the duration of the contract insurance policy can be considered important in relation to the insured in writing events and developments to explain. ", Second paragraph; "Lighting is not awarded in the form description, the Insured, if not appealed within fourteen days of the conclusion of the contract, the contract will be made ​​with the written policy requirement. Lighting is the description given by the insurer to prove that. ", Third paragraph; "Treasury, regulations of various countries, and in particular the European Union, taking into account the consumer disclosure statement determines the shape and content" provisions are superior.
Law No. 6102 of the first and third paragraphs of Article 1423 when considered together with the Undersecretariat of Treasury, in accordance with the aims of informing other written information to conclude that specify procedures. In this context, Insurance Contracts Relating to the Regulation on the Implementation of Information Circular II (Circular No. 2008/12) is still valid.