50 Questions on Turkey’s Crypto Asset Regulation: A Comprehensive Guide for All

Introduction

On 13 March 2025 (Thursday), Turkey’s Official Gazette published a detailed notification regarding the rules for crypto asset service providers. This regulation addresses all aspects of crypto asset services, including service scope, operational rules, capital requirements, custody and transfer procedures, risk management, and reporting obligations.

Overview Tables

Table 1: Capital and Custody Essentials

This table summarizes the key financial requirements to help both industry participants and interested readers quickly grasp the scale and prudence demanded by the regulation.

Table 2: Service Categories & Examples

This table provides clear examples for each type of service, helping non-experts understand the range of activities covered by the regulation.

Table 3: Risk Management & Reporting

This table highlights the key risk management practices that underpin the regulation, ensuring that markets remain stable and transparent.

The 50 Questions & Answers

Regulatory Purpose and Scope

1. What is the purpose of this regulation?
   A: It establishes a comprehensive framework for the activities, service provisions, and financial requirements of crypto asset service providers in Turkey.

2. Who issued this regulation?
   A: The regulation is issued by the Capital Markets Board (Sermaye Piyasası Kurulu).

3. What is the main scope of the regulation?
   A: It covers everything from trading operations and custody services to capital adequacy, risk management, and financial reporting.

4. When do most of the provisions take effect?
   A: While some provisions are effective immediately upon publication, key articles become enforceable on 30 June 2025.

5. Who must comply with these rules?
   A: Only entities that are licensed by the Capital Markets Board and engage in crypto asset services are required to comply.

Definitions and Service Provisions

6. How is a crypto asset defined under this regulation?
   A: A crypto asset is a digital asset created and stored electronically using distributed ledger technology or similar methods.

7. What is a “platform” in the context of this regulation?
   A: A platform is a system or marketplace where crypto asset transactions—such as trading, initial sales, transfers, and custody—are executed.

8. What are crypto asset service providers?
   A: These are institutions that offer services such as trading, custody, initial distribution, and investment advice related to crypto assets.

9. How are wallets defined?
   A: Wallets are software or hardware solutions that store crypto assets or the keys needed to access these assets. They include both hot wallets (online) and cold wallets (offline).

10. What is the significance of “private keys” and “public keys”?
    A: These cryptographic tools secure transactions. The private key must remain confidential, while the public key is used to receive funds.

Service Offerings and Operational Procedures

11. What types of services can providers offer?
    A: Providers may offer order matching, trade execution, custody, token distribution, and investment advisory services.

12. Is every service activity subject to regulatory permission?
    A: Yes, regular commercial activities provided to third parties require prior permission from the Capital Markets Board.

13. Are there exceptions to the permission requirement?
    A: Yes, providers transacting solely within their own wallets (i.e., not offering services to external customers) are exempt.

14. What must platforms do regarding order execution?
    A: They must implement transparent order execution policies, clearly delineated in customer agreements, ensuring that client orders are fulfilled under fair and objective criteria.

15. How are smart contracts regulated for initial sales/distributions?
    A: Smart contracts must incorporate all mandatory elements to ensure legal compliance and fair distribution of tokens.

16. What additional services might be provided apart from trading and custody?
    A: Providers can also offer financial analysis, general investment advice, and market commentary—as long as these are clearly differentiated from personalized investment advisory services.

Financial and Capital Requirements

17. What is the minimum capital requirement for crypto asset platforms?
    A: Platforms must maintain a minimum capital of TL 150,000,000.

18. What is the minimum capital for custody institutions?
    A: Custody institutions must have at least TL 500,000,000 in capital.

19. What does the regulation require regarding equity?
    A: Providers must maintain an equity ratio of at least 25% of their calculated capital, ensuring robust financial health.

20. How often must capital adequacy be reviewed?
    A: Reviews occur semi-annually, with updates required if there are any material changes in asset values or liabilities.

21. How is liquidity defined in this context?
    A: Liquidity refers to the availability of easily convertible assets to cover short-term obligations.

22. What are the limits on leveraging or using derivatives with crypto assets?
    A: Crypto assets on platforms cannot be traded with leverage or used in derivative contracts, ensuring that the inherent volatility does not create excessive risk.

Custody and Asset Protection

23. What are the primary custody requirements?
    A: Client assets must be kept in separate accounts and stored securely using approved safe hardware modules.

24. What is the difference between hot and cold wallets?
    A: Hot wallets are connected to the internet and used for immediate transactions, while cold wallets are offline, offering greater security for long-term storage.

25. How is the security of private keys ensured?
    A: Private keys must be protected using technologies like multi-factor authentication and multi-signature systems, stored in secure hardware modules.

26. What happens if a provider faces a security breach?
    A: Providers must immediately notify customers through registered channels and implement a detailed action plan to address and mitigate the breach.

27. Can providers store more than 5% of crypto assets in hot wallets?
    A: No, only up to 5% may be stored in hot wallets; the remainder must be secured in custody institutions or cold wallets.

Risk Management and Monitoring

28. What is the role of the price monitoring system?
    A: Platforms must have a dedicated unit to monitor prices, detect anomalies, and report any suspicious activities that could affect market integrity.

29. How frequently should risk management policies be reviewed?
    A: At a minimum, risk management policies must be reviewed annually or sooner if significant market changes occur.

30. What steps are taken to prevent market manipulation?
    A: Measures include strict order execution rules, real-time monitoring, and mandatory reporting of unusual activities.

31. How are discrepancies in transaction records resolved?
    A: Any mismatches in reconciliation must be corrected promptly, and unresolved discrepancies must be reported to the Capital Markets Board.

32. What types of audits are required?
    A: Independent audits and regular internal reviews are mandatory to ensure compliance with the regulation.

Reporting and Compliance

33. What reporting requirements must providers meet?
    A: Providers must submit detailed financial and operational reports on a set schedule, including real-time reconciliation data and periodic risk assessments.

34. How are client balances reported?
    A: Client balances are tracked in a separate institutional registry and reported to the Central Registry (MKK) on a pre-defined schedule.

35. What is the “mutual reconciliation system”?
    A: This system ensures that both the platform and the custody provider agree on client balances, with any discrepancies immediately addressed.

36. What happens if a provider fails to meet reporting deadlines?
    A: Non-compliance with reporting requirements can lead to sanctions, including fines or operational restrictions.

37. How are audit findings communicated to regulators?
    A: Audit reports and any corrective actions are submitted to the Capital Markets Board along with the financial reports.

38. Are there additional guidelines for disclosing conflicts of interest?
    A: Yes, providers must clearly disclose any conflicts of interest in all advisory and transactional communications.

Detailed Procedures and Operational Policies

39. What is the process for executing transfer orders?
    A: Transfer orders follow a strict multi-step process including identity verification, dual authorization (for orders above TL 1,000,000), and secure transaction recording.

40. How are client cash balances managed?
    A: Client cash is held in dedicated bank accounts, separate from the provider’s funds, and cannot be used as collateral.

41. What are the rules regarding bank account management?
    A: Dedicated client accounts must be established, and the bank must be notified that these funds are strictly for client use.

42. What happens if client cash is commingled with company funds?
    A: This is strictly prohibited and can result in severe regulatory penalties.

43. What financial standards must the reports adhere to?
    A: Providers must follow established financial reporting standards similar to those published in the Official Gazette.

44. How are valuations of crypto assets determined?
    A: Valuations are based on methodologies outlined in previous official notices, with adjustments made according to annual revaluation rates published by the Ministry of Treasury and Finance.

45. Are there provisions for asset revaluation?
    A: Yes, asset values are updated annually based on the revaluation rates, ensuring that balance sheets reflect current market conditions.

Market Oversight and Enforcement

46. How does the Capital Markets Board enforce compliance?
    A: The Board has extensive oversight powers, including the right to inspect records, audit systems, and impose sanctions on non-compliant providers.

47. What corrective actions are required if non-compliance is detected?
    A: Providers are given a 30-business-day period to rectify breaches, with additional measures (such as the use of a guarantee letter) if the issue is not promptly resolved.

48. What happens in cases of repeated non-compliance?
    A: Repeated failures can result in more severe sanctions, including suspension or revocation of operating licenses.

49. How does the regulation ensure transparency to investors?
    A: Through mandatory disclosures, detailed financial reporting, and the publication of key operational metrics on platforms’ websites.

50. Where can individuals find more information or get assistance?
    A: Detailed guidance and consultation are available by contacting regulatory experts or legal advisors specializing in crypto asset regulation. Platforms and service providers are also required to make their compliance information accessible to the public.

Are you ready to navigate Turkey’s evolving crypto asset regulatory landscape with confidence?
Reach out today to consult with our expert team for personalized guidance and compliance support.
Stay informed, protect your investments, and ensure your business is fully compliant with the latest regulatory standards.

Summary of Key Points

• Capital Requirements: Platforms must maintain TL 150M minimum capital and custody institutions TL 500M.

• Service Scope: Services include trading, custody, initial sales, and advisory—all regulated with strict permission protocols.

• Risk Management: Robust systems, such as real-time reconciliation and dedicated price monitoring, are mandated.

• Client Protection: Client assets and cash must be kept in separate, secure accounts and tracked via a mutual reconciliation system.

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