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Representation by proxy in suretyship agreements
Selvi & Ertekin
  • Banking
  • Turkey
  • 07 June 2019

Suretyships are a kind of security commonly used in loan transactions which provide personal security to lenders if a borrower fails to fulfil its payment obligation. The Code of Obligations sets out certain requirements regarding the validity of suretyship agreements and enacting a suretyship agreement by proxy. This article examines these requirements in detail.

Financial distress and board of directors' liabilities
Selvi & Ertekin
  • Insolvency & Restructuring
  • Turkey
  • 22 March 2019

Pursuant to Article 376/3 of the Commercial Code, where there are signs that a company is in financial distress, its board of directors should prepare an interim balance sheet. If the balance sheet verifies that the company is in financial distress, the board should notify the first-instance commercial court where the company is headquartered and request a bankruptcy declaration. Directors of boards which fail to follow these steps could be held civilly or criminally liable.

Amendments to decree protecting value of Turkish currency in relation to foreign currency loans
Selvi & Ertekin
  • Banking
  • Turkey
  • 16 November 2018

The Council of Ministers recently amended Decree 32 on the Protection of the Value of Turkish Currency. The amending decree introduced strict restrictions on foreign currency loans obtained from overseas or in Turkey. The provision of foreign currency indexed loans to legal entities or real persons is now forbidden. However, legal entities which generate no foreign currency income but have credit exposure equal to or above $15 million may obtain foreign currency loans without limitation.

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