Validity of Notification in Case of Address Change

Validity of Notification in Case of Address Change:

1) Legal Framework: “Last Known Address”, AKS (Automated Register of Addresses) and Conditional Notification

1.1. Notification to the last known address (Turkish Commercial Code, Article 10)

The legislator initiates the notification process at the recipient's last known address . If notification cannot be made at this address, or if the address is unsuitable for notification, the residential address in the address registration system (AKS-MERNIS) is accepted as the last known address, and the process is carried out from there (preferential system).

Practical note: In procedural matters, the first step should be to attempt delivery to the "last known address"; if it is returned, the envelope should "This is the MERNIS address, to be served in accordance with Article 21/2 of the Turkish Code of Civil Procedure" and the second step should be initiated. This two-step process the Supreme Court's Jurisprudence Unification Act .

1.2. Notification with annotation 21/2 to AKS (MERNIS) address

According to Article 21/2 of the Turkish Commercial Code , if the address shown is the recipient's registered address , even if the recipient has never resided at that address, the officer delivers the document to the head of the village/police chief; the notice is affixed to the door, and the date of affixing is considered the date of service . Due to the principle of alternative reasoning, first, the document is sent to the known address under Article 10, and upon return, it is accepted as direct notification to the registered address with the annotation under Article 21/2 (IBK).

Warning: Serving a notification under Article 21/2 directly to the AKS (Authorized Service Center) without attempting to reach a known address can lead to disputes over the right to defense and, in most cases, result in irregular notification

2) Address Change Notification and the Role of Article 35 of the Turkish Commercial Code

2.1. Notification of address change for natural persons (Turkish Commercial Code, Article 35/1)

If a person who has been duly served with a notice, either personally or at their address , changes their address , they are obligated to immediately notify the authority that served the notice of their new address ; subsequent notices will be served to this new address. If no notification is made and no address can be found in the AKS (Authorized Service System), the notice will be posted on the door of the old address as per the procedure stipulated by law (continuation of Article 35).

2.2. Trade registry address for legal entities (Turkish Commercial Code, Article 35/4)

In the system strengthened by Law No. 6099, the address of legal entities in the trade registry is taken as the basis. In practice, the conditions for sending and returning to the known address are first evaluated, and then an operation under Article 35 is performed on the trade registry address ; notifications cannot be made to a false/non-existent registry address according to Article 35. The Supreme Court of Appeals and court decisions are based on returns with a "closed/abandoned" annotation; returns with a "recipient unknown" annotation may not be considered sufficient.

Important Note: The application is broader for legal entities under Article 35/4; however, the accuracy of the return annotation and registry records of the "preliminary" notification made before resorting to Article 35 must be meticulously checked.

3) Unification of Supreme Court Jurisprudence: The Relationship Between Articles 10/2 and 21/2 Has Been Clarified

The Supreme Court's decision to unify jurisprudence resolved a long-standing question that was interpreted differently:
"If the dispatched notification is returned to the known address, is a separate 'normal notification' step required for notification to the AKS (MERNIS) address with the annotation 21/2?"
The answer is: No. When the dispatched notification is returned to the last known address, direct notification to the MERNIS address with the annotation 21/2 is sufficient.

This approach is consistent with the alternative system (Article 10 → Article 21/2) and the legal value of the AKS (Authorized Service Code ). The decision also emphasizes the requirement to write "This is the MERNIS address; notification will be made according to Article 21/2 of the Turkish Code" on the envelope .

4) The Impact of E-Notifications on the Address Change Regime

For individuals and legal entities subject to mandatory e-notification (Article 7/a of the Turkish Commercial Code), notifications are made via Registered Electronic Mail (KEP) address. For those obligated to receive notifications , changes to physical addresses are often not a determining factor; notification periods begin according to UETS/KEP records. Closing or failing to report an e-notification account is also subject to penalties. UETS logs are decisive in resolving disputes.

5) Irregular Notification – Date of Learning and Effects of Forfeiture of Rights (Turkish Commercial Code, Article 32)

Even if the notification was made improperly , if the recipient became aware of it , the notification is considered valid , and the date of awareness is accepted as the date of notification (Turkish Commercial Code, Article 32). This finding has critical consequences regarding the commencement of time limits, complaints/objections, and legal remedies.

Application: In cases of irregular notification (for example, if a direct notification was sent to the AKS system and no notification was ever sent to the known address), a complaint should be filed regarding the irregularity of the notification , requesting that the date of learning be corrected to the date of notification . The Supreme Court, under Article 32, considers this correction mandatory.

6) Roadmap According to Address Change Scenarios

The following practical diagrams step-by-step :

6.1. The individual moved, no notification:

to the last known address (the most current address in the case/prosecution file).
If the envelope is returned with a note such as "moved/closed," a MERNIS annotation will be added to the envelope, and notification under article 21/2 will be sent to the AKS address.
The legality of the notification is determined by the return receipt, delivery to the head of the village/neighborhood, and posting of the notice on the door

6.2. The "notification address" was agreed upon in the contract:

The contractual notification address is considered the "known address" in practice; however, if the address changes, notification of the new address is required in accordance with the notification or contractual provision. Otherwise, the order of Articles 10-21/2 remains valid. (Note: A contractual provision alone does not override the Turkish Commercial Code.)

6.3. The company has moved, and the new address has been registered in the commercial registry:

For legal entities, the current address in the registry is used. Instead of insisting on serving notices to the old address the registered address ; if the return notice "closed/abandoned," Article 35 applies. is "unrecognized" ; the Supreme Court procedural irregularities .

6.4. AKS address has never been created / is inaccessible:

If the address for the natural person cannot be determined in the AKS (Authorized Service System) and no notification of change has been made, Article 35 procedure comes into play; notification is completed by posting it on the door of the old address. (This is a rare scenario; proof and record-keeping are important.)

6.5. Recipient for mandatory e-notifications:

Notifications made via UETS/KEP are considered primary . Discussions regarding physical notification are secondary; deadlines commence from the date of electronic notification . (Mandatory notifications fall under Article 7/a of the Turkish Commercial Code).

7) Key Principles from the Supreme Court

Principle of alternative notification: First, the last known address as per Article 10 ; if returned, notification to AKS with annotation under Article 21/2 . (IBK)
Requirement for annotation under Article 21/2: The annotation MERNIS/21-2 must be clearly written on the envelope ; otherwise, the official's application of Article 21/2 ex officio is incorrect.
Irregular notification – date of learning: Irregular notification becomes valid upon the recipient's learning of it ; the date of learning is considered the date of notification (Article 32).
For legal entities, the trade registry address is the primary address; however, the nature of the return annotation (closed/abandoned) and the accuracy of the address are important; proceeding to Article 35 based on an "unrecognized" annotation often irregularities .

8) Defense Strategies and Petition Tips

8.1. For the party wishing to have the notification deemed valid

Provide both the file directory and the BTK/UETS/AKS records
Show the known address dispatch, return receipt , and subsequent AKS notification with 21/2 annotation in a chronological table
Place the envelope cover statement (MERNIS/21-2), the delivery receipt from the village headman/police officer, and the date of attachment of the notification into the file. (Compliance with the IBK)

8.2. For the party wishing to have the notification deemed irregular

Formulate the argument " No delivery to known address / Insufficient return receipt / No MERNIS receipt " using the order of articles 10-21/2.
Request amendment to Article 32 with a statement of the date of learning ; in the same petition , base any time-related requests on the date of learning

8.3. In company files

Include trade registry gazette clippings, MERSİS printouts, and address change registration documents
If the application was processed based on the "address unknown" clause (Article 35), of irregularity and restriction of the right to defense .

9) Common Mistakes and Risks

Sending 21/2 directly to AKS without going to the known address at all . (Usually an irregularity)
The 21/2 annotation was omitted from the envelope (the officer cannot apply it on their own initiative).
Notification to a non-existent/non-active registration address of a legal entity , according to Article 35. (Risk of invalidation)
e-notification is mandatory, relying on physical notifications UETS records is a mistake.

10) Conclusion and Recommendations

In cases of address changes , the order is “ Article 10 → Return → Article 21/2 ”; the annotation MERNIS/21-2 is required on notification envelopes. (Clarified by the Supreme Court Decision.)
While the trade registry is critical for legal entities , relying on Article 35 without verifying the nature of the return annotation and the accuracy of the address may lead to irregularities .
In cases of improper notification , be sure to utilize the "date of learning" clause (Article 32); start the deadlines accordingly.
e-notification requirements, UETS/KEP records are primary evidence.

Law No. 7201 on Notifications, Change of Address, Validity of Notification in Case of Address Change, TK10, TK21/2

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