Banking and Finance Law

Banking and finance law is a field that covers legal regulations aimed at regulating financial transactions, ensuring the safe and effective operation of banks, and ensuring the stability of the financial system. This branch of law is critical for supervising, protecting, and regulating the financial transactions of financial institutions and individuals. Here are some important points about banking and finance law:

1. *Description and Scope:

– Banking law determines the legal framework of banks and financial institutions; Finance law includes legal regulations on financial transactions, investment instruments and financing methods.

2. Legal Framework:

– Banking activities in Turkey are regulated by the Banking Law No. 5411 and related regulations. In this context, the Central Bank of the Republic of Turkey (CBRT) and the Banking Regulation and Supervision Agency (BRSA) play an important role.

3. Banks’ Fields of Activity:

– Banks offer a variety of financial services, such as receiving deposits, granting loans, payment systems, investment consultancy, etc. These activities must be carried out in accordance with legal regulations.

4. Loan Agreements:

• – Loan agreements, guarantees and repayment terms that regulate the relations between lenders and borrowers are the basic elements of banking law. These elements determine the rights and obligations between the parties. One of the most basic elements of banking transactions is loan agreements. While these contracts determine the rights and obligations of the parties, it is important to provide the legal conditions related to the contract.

5. Financial Regulations and Supervision:

– The financial position of banks and financial institutions is regularly audited by regulatory authorities. These audits promote the healthy management and security of the banking system.

6. Risk Management:

– In banking law, management strategies related to various types of risks such as credit risks, market risks and operational risks are determined and implemented.

7. Consumer Rights:

– The protection of consumers in banking transactions is ensured by legal regulations. When taking out a loan, it is critical for consumers to understand the contracts and know their rights.

8. Mutual Funds and Capital Markets:

– Regulations related to mutual funds and capital markets within the scope of finance law; It includes issues such as public offering of securities, stock market operations and investor protection.

9. International Banking:

– International banking transactions are regulated by various regulations. Financial transactions between countries should be carried out within the framework of different regulations and standards.

10. Participation Banking:

– Participation banks operate based on the principles of Islamic finance. The activities of these banks are regulated by the Participation Banks Law No. 4632 in Turkey.

Banking and finance law has an important role to play in ensuring economic stability, conducting secure financial transactions, and protecting consumers. This field has a dynamic structure that is constantly evolving; Therefore, legal regulations and practices need to be constantly updated. If you want to get support from our expert staff in the field of banking and finance law in order to take the right steps in your financial transactions and avoid legal problems, you can contact us through our communication channels.

Our lawyers, who are experts in the field of banking and finance law, provide consultancy services to institutions and financial sector players operating in many areas of the real sector from information technology to production in loans related to banking and finance law, alternative borrowing methods, regulatory compliance, risk management, restructuring and legal processes related to all kinds of banking and financing.

Our team provides services to lenders and borrowers, private equity funds, financial advisors, commercial banks, investment banks, and all other financial institutions. It provides support in construction and procurement financing, refinancing, project finance, public-private partnership financing, commercial banking transactions, general loan agreements, special loan agreements and guarantees, and all other financial transactions.

In addition, our team supports institutional issuers, private equity funds and financial institutions in the debt capital market in areas such as the issuance of high-yield foreign currency/Turkish Lira bonds, secured and unsecured debt provision, and private placements.

There are different types of lawsuits in banking and finance law and we provide professional services with our nearly 20 years of experience in all of these cases.

As Terlemez Law Firm, some of the services we offer to our domestic and foreign clients within the scope of banking and finance law with our expert lawyer staff;

• Establishment of a bank in Turkey or opening of the first branch of a bank established abroad in Turkey,
• Applying for permission to the Banking Regulation and Supervision Agency in order to carry out banking activities in Turkey, provided that the conditions stipulated in the Banking Law are fulfilled,
• Realization of the establishment of development and investment banks,
• Making the necessary objections and legal applications regarding the fields of activity of the banks, financial reporting and auditing procedures and the decisions to temporarily or permanently suspend their activities,
• Carrying out mergers, divisions and share exchange transactions of banks established in Turkey,
• Follow-up of lawsuits arising from mortgages and collateralized works,
• Preparation of loan agreements and negotiation of contracts,
• Providing legal support in leasing, factoring, other banking operations and financial organizational structure,
• Execution of legal proceedings related to the Banks Association, BRSA and SDIF,
• Realization of legal affairs and transactions related to the duties and jurisdiction of the Capital Markets Board.
• Preparation of assignment texts,
• Giving written and oral opinions on letters of guarantee (Turkish/English) with special texts
• Legal advocacy services in lawsuits and enforcement proceedings filed by the bank or by the bank customer against the bank
• Initiation of all kinds of enforcement law lawsuits arising from banking and finance credit disputes and receivables, debt collection, preparation of payment agreements, receivables follow-up transactions such as foreclosure, pledge, etc., participation in meetings in favor of the debtor and creditor, execution of financial restructuring, concordat and bankruptcy processes
• In the follow-up of mortgages and secured receivables, the conversion of the mortgage into money and the enforcement proceedings and lawsuits arising from mortgages and secured transactions; Legal consultancy support in the field of loan agreements,
• Lawsuits arising from the Factoring Contract and Precautionary Lien applications in Factoring Transactions, Enforcement Proceedings on Factoring Receivables, Receivables Lawsuit, Removal of Objection, Relief from Debt. Advocacy services in Cancellation of Objection, Negative Determination and Restitution Cases, Mortgage Cancellation (Removal) Cases, All kinds of Lawsuits Arising from Factoring Disputes, Applications in Housing Financing Contracts and Default, Financial Leasing, Factoring and Financing Companies and Lawsuits filed by and against the Bank, and enforcement proceedings and follow-up of all kinds of rights and receivables of banks and other financial companies,
• Consultancy and advocacy services as a creditor or debtor attorney in disputes such as the collection of administrative follow-up receivables by reconciliation before legal proceedings, the follow-up and collection of individual and commercial receivables that have been transferred to legal proceedings, the collateralization of loans, the preparation of settlement and debt liquidation protocols, and the restructuring of debts,
• Arising from banking and finance law transactions and practices, regulated in both the banking law and the Turkish Penal Code; Abuse of trust (abuse of trust), sharing personal information, preventing the rights of deposit and participation fund holders, forgery of private documents, (signing and using banking contracts on behalf of someone else, using loans with fake documents, allocation of mortgage loans by issuing fake instructions, issuing fake orders, copying cards), forgery of official documents (fake identity, use of driver’s license, fake inheritance, will, fake title deeds, fake SSI records, fake population records), abuse of open signature, fraud (persuasion fraud (introducing oneself as a banker, etc.), fraud using the name and logo of the bank (fake website, etc.), internet fraud (seizing banking passwords, etc.), credit card fraud, pos fraud-usury, fraud by fake application, forgery and fraud in private-official documents by preparing fake documents), counterfeiting of money, embezzlement (Article 160 of the Banking Law), abuse of trust, disclosure of customer information, misuse of debit or credit cards, damage to property, damage to bank reputation (Article 74 of the Banking Law), unlawful use of debit and credit cards (Article 245/1), producing, selling, transferring, purchasing or accepting fake debit or credit cards, using a bank or credit card created or forged (TCK 245/3), the crime of engaging in unauthorized activities (Article of the Banking Law) 150) To prevent the rights of deposit and participation fund holders (Articles 61 and 151 of the Banking Law), not to take corrective, remedial and restrictive measures (Articles 67, 68, 69, 70 and 152 of the Banking Law), not to provide the information and documents requested by the competent authorities and supervisory officers and to prevent them from performing their duties. (Article 153 of the Banking Law) 5-Violating the obligation to keep documents (Article 154 of the Banking Law) Making false statements (Article 155 of the Banking Law), Exclusion of transactions and untrue accounting. (Article 156 of the Banking Law), blocking, disrupting, destroying or changing the data (Article 157 of the Banking Law), damage to reputation (Article 74, 158 of the Banking Law), disclosure of secrets (Article 73, 159 of the Banking Law), advocacy and legal consultancy services for the accused, complainant and participant in criminal cases,
• Pursuant to Law No. 5549 on the Prevention of Laundering Proceeds of Crime, the Financial Crimes Investigation Board (MASAK), whose purpose is to effectively combat the laundering of proceeds of crime and the financing of terrorism, temporarily freezes the money in the account due to transactions called suspicious transactions with the claim that “there is a suspicion that the money was obtained illegally or used for illegal purposes” in accordance with the laws numbered 5237, 5271 and 5549 legal support and advocacy services regarding the removal and objection of unfair bank blocks imposed by MASAK, the prosecutor’s office or the bank in accordance with Article 19/A of the Law No. 5549 against the “suspension” (MASAK block) decisions and the confiscation decisions in the investigations carried out by the Chief Public Prosecutor’s Offices,

• In the event that life insurance has been taken out due to bank loans, in the event that the bank files a lawsuit or initiates enforcement proceedings for the collection of the balance loan receivable from the heirs or guarantors of the deceased consumer due to the death of the consumer using the loan, the loan receivable within the policy limits, legal service in the lawsuits or objections to be filed against the bank, litigation advocacy service in the cases of repurchase (refund) of the balance loan amount paid to the bank unjustly