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9537

BANKING LAW
Law Number

: 5411
Acceptance Date
: 19/10/2005
Published in the R. Newspaper : Date : 1/11/2005
Published Code : Order : 5

Number : 25983 (Max.)
Volume : 45

PART ONE
General provisions
Goal
Article 1 – The purpose of this Law is to ensure confidence and stability in financial markets,
the effective operation of the credit system, the rights and interests of the savers.
to regulate the procedures and principles regarding its protection.
Scope
Article 2 — Deposit banks, participation banks, development and investment banks established in Turkey
banks, branches in Turkey of institutions of this nature established abroad, financial holdings
companies, Banks Association of Turkey, Participation Banks Association of Turkey, Banking Regulation and
Supervision Agency, Savings Deposit Insurance Fund and their activities
subject to its provisions.
Provisions in the laws about banks established by special laws.
The provisions of this Law shall apply, without prejudice to it.
In cases where there is no provision in this Law, general provisions are applied.
Definitions and abbreviations (1)
Article 3 – In the implementation of this Law;
Associate Minister: Vice President appointed by the President or
minister, (1)
Board: Banking Regulation and Supervision Board,
Institution: Banking Regulation and Supervision Agency,
Chairman: Chairman of the Banking Regulation and Supervision Board,
Central Bank: The Central Bank of the Republic of Turkey Joint Stock Company,
Fund: Savings Deposit Insurance Fund,
Fund Board: Savings Deposit Insurance Fund Board,
Fund President: Chairman of the Savings Deposit Insurance Fund Board,
Credit institution: Deposit banks and participation banks,
Organization associations: Banks Association of Turkey and Participation Banks Association of Turkey,
Bank: Deposit banks, participation banks and development and investment banks,
––––––––––––––––––
(1) With Article 166 of the Decree Law No. 703 dated 2/7/2018, the “Prime Minister or
State Minister to be appointed by the President” is replaced by “President appointed by the President”.
deputy or minister”.

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Deposit bank: According to this Law, to accept deposits in its own name and account and to make loans.
establishments operating primarily to make use of
branches of organizations in Turkey,
Participation bank: To collect funds through special current and participation accounts in accordance with this Law, and
institutions operating primarily to extend credit, and this institution established abroad.
branches of qualified organizations in Turkey,
Development and investment bank: Accepting deposits or participation funds in accordance with this Law
outside; with special laws and/or operating on the basis of providing credit
organizations that fulfill the duties assigned to them and organizations of this nature established abroad.
branches of organizations in Turkey,
Financial holding company: affiliated with at least one of them being a credit institution
company whose partnerships are all or mostly credit institutions or financial institutions,
Branch: Except for the units consisting of electronic transaction devices, banks
subordinate part of the activities of these organizations and
all kinds of workplaces, such as fixed or mobile offices,
Central branch: A branch opened in Turkey by a bank established abroad, more than one
if there is a branch, the branch to be notified to the Authority and approved by the Board,
Fund bank: Abrogated Banking Law No. 3182, repealed by this Law
In accordance with the Banking Law No. 4389 and this Law, partnership rights and management, excluding dividends, and
Banks whose audit is transferred to the Fund and banks in which the Fund has majority shares,
Financial institution: Non-credit institutions and insurance, private pension or
to carry out capital market activities or at least one of the fields of activity specified in this Law.
institutions established to carry out one of the development and investment banks and financial holdings
their companies,
Control: A legal person; The condition of owning at least fifty-one percent of the capital
direct or indirect ownership of the majority of
holding preferred shares or dealing with other shareholders
pursuant to the agreements made, by disposing of the majority of the voting rights.
or to appoint the majority of the members of the board of directors for decisions in any way, or
retaining the power to dismiss,
Parent company: With the partnerships under its control, in accordance with the procedures and principles determined by the Board.
The bank or financial institution that consolidates the financial statements of the partnerships identified
holding company,
Subsidiary: Subsidiaries operating under the control of the parent,
Qualified share: Direct or indirect share of the capital or voting rights of a partnership.
with shares constituting ten percent or more, even if it is below this ratio, to the boards of directors.
shares giving the privilege of determining members,
Controlling partner: Controls a partnership directly or indirectly, individually or jointly.
natural or legal person,

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Executives: Chairman of the bank's board of directors, audit committee and credit committee, and
its members, general manager, assistant general managers and members with signature authority; region
managers, branch managers and departments, sections, groups and
managers of units operating under equivalent names,
Deposit: In writing or verbally or by announcing to the public in any way
gratuitous or in return for a consideration, to be repaid when requested or within a certain period of time.
money made,
Savings deposits: Opened by deposit banks, owned by real persons and
Deposit accounts that are not subject to commercial transactions, except for drawing checks exclusively,
Special current account: It can be opened in participation banks and partially or completely if desired.
with the feature of withdrawal at any time and in return for any return to the account holder.
accounts created by unpaid funds,
Participation account: The funds deposited in participation banks are used by these institutions.
predetermined to the account holder in return, which results in participation in the profit or loss to arise.
funds for which no returns are paid and which are not guaranteed to be paid back in kind
created accounts,
Participation fund: Private current account belonging to real and legal persons opened in participation banks
money in accounts and participation accounts,
(Amended: 13/2/2011-6111/142 art.) Support service institution: Banks, deposit or
participation fund acceptance, cash and non-cash loans in all types and forms, and
On behalf of the bank, the activities other than the transactions counted as loans in the application
performing; Acceptance of deposits or participation funds, with the exception of advertising or
to the bank in the performance of any of its activities, including the marketing
organizations providing auxiliary services,
Offshore banking: Banking activities are limited to outside the country of establishment.
or is not subject to the economic and financial legislation applied throughout the country or is established.
banking where accepting deposits and funds from residents is prohibited,
It expresses.
Activity subjects
Article 4 – Without prejudice to the provisions stipulated in other laws, banks
They can perform the following activities:
a) Acceptance of deposits.
b) Participation fund acceptance.
c) Cash and non-cash loan transactions in all types and forms.
d) Cash and dematerialized payments and fund transfer transactions, correspondent banking or check
All kinds of payment and collection transactions, including the use of accounts.
e) Negotiation of checks and other bills of exchange.
f) Custody services.
g) Issuance of payment instruments such as credit cards, debit cards and traveler's checks; and
operations related to them.
h) Foreign exchange transactions including effective; buying and selling money market instruments; precious
transactions in the purchase, sale or escrow of minerals and stones.

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i) Economic and financial indicators, capital market instruments, goods, valuables
based on minerals and foreign currency; futures contracts, options contracts, multiple
Buying, selling and intermediation of simple or complex financial instruments containing derivative instruments
operations.
j) Purchase and sale of capital market instruments and commitment to repurchase or resell
operations.
k) Intermediation transactions for the sale of capital market instruments through issuance or public offering.
l) Purchase of previously issued capital market instruments for the purpose of intermediation
operations of the sale.
m) Transactions of assuming guarantees, guarantees and other obligations in favor of others.
warranty work.
n) Investment consultancy transactions.
o) Portfolio management and management.
p) Established before the Undersecretariat of Treasury and/or the Central Bank and associations of institutions
regarding purchase and sale transactions within the framework of obligations assumed under a contract.
market making.
r) Factoring and forfaiting transactions.
s) Intermediation in currency transactions in the interbank market.
t) Financial leasing transactions.
u) Insurance agency and private pension intermediation services.
v) Other activities to be determined by the Board.
Deposit banks (b) and (t) of the first paragraph, participation banks (a), development and investment
banks cannot perform the activities specified in subparagraphs (a) and (b).
Indirect shareholding
Article 5 – In the implementation of this Law, indirect shareholding belonging to real persons
a real person, his spouse and children and their participation with unlimited responsibility.
partnerships or partnerships that these persons or partnerships control separately or jointly.
shares are considered together. In determining the indirect shareholding of legal persons,
and the shares of the partnerships they control are calculated together.
The procedures and principles regarding the implementation of this article are determined by the Board.
PART TWO
Transactions Subject to Permission
FIRST PART
Establishment and Operating Permits
Establishment or permission to open branches and representative offices in Turkey
Article 6 – The establishment of a bank in Turkey or a bank established abroad.
the opening of the first branch of the bank in Turkey, fulfillment of the conditions stipulated in this Law
with the same vote of at least five members of the Board.

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The procedures and principles regarding the applications to be made and the granting of the permit shall be determined by the Board.
determined by the regulation to be issued. The decision on the permit, on which the application is made or on the application
in case of deficiencies, three months from the date of completion of the requested information and documents.
notified to the person concerned. If the deficiencies are not corrected within six months, the application becomes invalid.
income.
Establishment of a bank in Turkey exclusively for offshore banking activities
or opening branches for this purpose by banks established abroad, their fields of activity and financial
reporting and auditing procedures and matters of temporary or permanent suspension of activities
It is determined by the decision of the board.
Banks established abroad, not accepting deposits or participation funds, and
Representation office in Turkey with the permission of the Board, provided that it operates in accordance with the principles to be determined.
they can open.
Establishment conditions
Article 7 – A bank to be established in Turkey;
a) Establishment as a joint stock company,
b) Issuance of shares against cash and all of them are registered,
c) Its founders must meet the conditions specified in this Law,
d) Members of the Board of Directors specified in the corporate governance provisions of this Law.
Having the qualifications and professional experience to carry out the planned activities,
e) Planned financial, management and organizational structure of the foreseen activity subjects and
to be compatible,
f) At least thirty million of its paid-in capital in cash and free from any collusion.
New Turkish Lira,
g) The articles of association are in compliance with the provisions of this Law,
h) A transparent and open partnership structure that will not hinder the effective supervision of the Agency, and
have an organizational chart,
i) There are no issues preventing the consolidated audit,
j) The business plans of the foreseen fields of activity, related to the financial structure of the organization,
budget plan for the first three years, including capital adequacy projections, and structural
an activity program showing the organization of internal control, risk management and internal audit system.
submission, including
It is a must.
Paid-in capital for development and investment banks is specified in subparagraph (f) of the first paragraph.
cannot be less than two-thirds of the specified amount.
The procedures and principles regarding the implementation of this article are determined by the Board.
Requirements for Founders
Article 8 — The founding partners of the banks;
a) Not being bankrupt in accordance with the provisions of the Execution and Bankruptcy Law No. 2004, a bankruptcy announcement
has not been approved, the application for restructuring by compromise has not been approved.
or the bankruptcy postponement decision has not been made,
b) In banks where Article 71 of this Law is applied or in the enforcement of this Law
not owning or controlling qualified shares in banks transferred to the Fund before
not holding,

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c) Bankers subject to liquidation and financial instruments subject to liquidation other than voluntary liquidation.
institutions, development and investment banks whose operating licenses have been revoked, excluding dividends of their partners.
partnership rights and management and control transferred to the Fund or banking and deposit and
in credit institutions whose permission and authority to accept participation funds have been revoked,
before the authorization and authorization of banking and accepting deposits and participation funds were abolished.
does not have qualified shares or does not hold control,
d) Except for negligent crimes, even if they have been pardoned, the Turkish Penal Code No. 765 was repealed.
In accordance with the Law and other laws, heavy imprisonment or imprisonment for more than five years, Turkish Penal Code No. 5237
has not been sentenced to more than three years' imprisonment pursuant to the Law or other laws, or
Banks Law No. 4389, repealed by the abrogated Banks Law No. 3182
Law, this Law and the Capital Market Law No. 2499 and money lending
opposition to the provisions of the legislation requiring imprisonment or the abolished Turkish No. 765
Simple or qualified in accordance with the Penal Code, the Turkish Penal Code No. 5237 or other laws.
embezzlement, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of faith,
Disgraceful crimes such as fraudulent bankruptcy and smuggling excluding abuse and consumption smuggling
crimes, rigging of official tenders and purchases, money laundering or against the personality of the State.
crimes against the state, revealing state secrets, signs of state sovereignty and
crimes against the dignity of the organs of the state, crimes against the security of the state, constitutional order and
crimes against the functioning of order, crimes against national defense, crimes against State secrets and
espionage, crimes against foreign relations, tax evasion or
not be convicted of participating in crimes,
e) Having the necessary financial power and reputation,
f) To have the honesty and competence required by the job,
g) In case of being a legal person, the partnership structure together with the risk group is transparent and open,
It is a must.
The legal entity founding partners of banks, directly or indirectly, have qualified shares.
natural person partners are listed in subparagraphs (a), (b), (c), (d), (e) and (f) of the first paragraph of this article.
must meet the field conditions.
Multilateral credit institutions established by international agreements to which Turkey is a party
and financial institutions, subparagraphs (b) and (c) of the first paragraph of this article are not applicable.
Conditions for opening branches in Turkey of banks headquartered abroad
Article 9 – By obtaining the necessary permission within the framework of the procedures and principles determined by the Board,
of a bank established abroad that will operate by opening a branch;
a) There is no prohibition in its main activities in the country where its head office is located,
b) The activities of the competent supervisory authority of the country where its headquarters are located in Turkey.
does not have a negative opinion about the
c) The part of the paid-in capital allocated to Turkey specified in Article 7
not less than the amount,
d) The conditions of the members of the board of directors specified in the corporate governance provisions, and
Having the professional experience to carry out the planned activities,

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e) The business plans of the fields of activity within the scope of the permit, the budget plan for the first three years, and
submitting an activity program showing its structural organization,
f) The partnership structure of the group to which it is included is transparent and open,
It is a must.
Due to the violation of local regulations in the country where its head office is located,
No activity permit is granted on prohibited subjects.
Activity permit
Article 10 – Establishment or branch in Turkey within the framework of Article 6 of this Law
Banks that have obtained an opening permit must also obtain an operating permit from the Board. with a declaration
The permission to be granted upon the application to be made, unless otherwise decided by the Board,
all activities specified in the article within the framework of the limitations in the last paragraph of the same article.
covers. The activity permits granted are published in the Official Gazette. Decision, first permit application
must be given within three months from the date of its submission.
The Institution shall comply with the provisions of this Law and the regulations made on the basis of this Law.
six months to make the necessary corrections and complete the deficiencies.
gives time to pass. Investigation on re-applicants within this period
As a result, the establishment permission given to those whose status is found to be unsuitable will be invalid and the result will be invalid.
notified in writing. In order for the banks that have obtained the establishment permission to start their activities;
a) whose capital has been paid in cash and will be able to carry out the planned activities
to be level,
b) Ten percent of the minimum capital specified by its founders in Article 7
Submission of a document stating that at least one fourth of the system entry fee has been deposited into the Fund account,
c) Ensuring that its activities comply with the provisions of corporate governance and
having personnel and technical equipment,
d) Managers must have the qualifications specified in the corporate governance provisions,
e) The Board believes that it has the competence to carry out its activities.
arrival,
Must.
The unpaid portion of the system entry fee shall be paid by the Board as of the date of operation.
the undertaking to be deposited into the Fund account within the framework of the payment plan to be determined.
Submission to the institution is mandatory. The entrance fee to the system is taken only once. Bank
shareholders are jointly and severally liable for the payment of the system entry fee.
The Board is authorized to determine the procedures and principles regarding the implementation of this article.
Cancellation of establishment permit
Article 11 – Establishment permission of a bank;
a) The permission has been obtained with false statements,
b) For an operating permit within nine months from the date of granting the establishment permit.
not applying,
c) Declaring that the establishment permit has been waived,
d) Loss of the conditions sought for granting the permit until it is put into operation,
e) Failure to obtain an operating permit,
f) voluntarily from all of the activities specified in Article 4 of this Law.
waiver and completion of voluntary liquidation,
g) Completion of merger or demerger transactions of the transferred bank,

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h) Completion of liquidation or bankruptcy proceedings within the scope of Article 106 of this Law,
In case of any of the situations, at least five members of the Board
annulled by a decision taken by a vote in the opposite direction.
Cancellation or limitation of operating license
Article 12 – A bank's operating license has been obtained with false statements, or
Failure to start operations within six months from the issuance of the operating permit or within one year
In the event that there is no activity for six consecutive months, the activity permit is canceled. Activity
Failure to become a member of the relevant organizational union within one month from the date of obtaining the permission, or
the remaining installments of the entrance fee to the system have not been deposited into the Fund account, and
In case of failure to comply with the warning made by the Institution, Article 4 of this Law
Subjects of activity other than subparagraphs (a) and (b) of the first paragraph of the Article
can be limited.
These decisions are notified to the relevant parties in writing and published in the Official Gazette.
Banks established abroad that have branches in Turkey,
cancellation of operating license for any reason, suspension of operations, bankruptcy or
in case their liquidation is decided or they declare a concordat,
operating licenses of the branches are revoked by the Board.
Within the scope of subparagraphs (a) or (b) of the first paragraph of Article 4 of this Law,
abolition of the authorization given to the credit institution by the Board, removal of the operating license
is in effect.
Opening a branch in the country
Article 13 — (Amended: 8/3/2006-5472/1 art.)
Taking into account the corporate governance provisions and protective provisions in this Law.
branches in the country, provided that the principles to be determined by the Board are complied with and notified to the Agency.
Opening is free.
cross-border activities
Article 14 – Banks established in Turkey, including offshore banking regions
to open branches or representative offices abroad, to establish partnerships or to established partnerships.
participation in this Law, the corporate governance provisions and protective provisions and
It is subject to the permission of the Board, provided that the principles to be determined by the Board are followed.
Authorization permission of independent auditing, valuation and rating agencies (1)
Article 15 — (Amended: 13/2/2011-6111/143 art.)
In case the banks are required by the Board with their independent audit activities,
assets, rights and obligations of banks or to be taken from loan customers.
valuation of collateral and rating of themselves or their loan customers
the authorization of the institutions that will carry out their activities, the temporary or
its permanent removal is decided by the Board. The procedure for the application of this article and
The principles are determined by the Board by taking the opinion of the relevant professional associations.

________________
(1) The title of this article is “Independent auditing, valuation, rating and support service organizations
authorization permission”, it was translated into the text with Article 143 of the Law No. 6111 dated 13/2/2011.
it has been changed as it is not processed.

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SECOND PART
Provisions Regarding the Articles of Association
Articles of Association changes
Article 16 – Approval of the Agency is sought for amendments to the articles of association of banks.
Changes that are not deemed appropriate by the Institution cannot be decided in the general assembly. Institution's eligible
Changes to the articles of association made without consulting the Trade Registry cannot be registered. Mother
for the change of contract, the permission, approval or positive provision stipulated in this Law and other relevant legislation
Opinion applications are answered by the competent authorities within fifteen working days.
Banks publish their articles of association on their web pages. Mother
Contracts are updated within ten working days from the date of changes.
must be done in
Capital increases
Article 17 – Capital increases, free from all kinds of collusion, in accordance with the relevant legislation.
Payment in cash without resorting to internal resources, excluding resources that are allowed to be added
is essential. The approval of the Authority is sought in the registration of the capital increase in the Trade Registry.
The part of the capital that is determined to have been increased in violation of the legislation is transferred to the equity account.
are not taken into account.
The procedures and principles regarding capital increase within the scope of this article are determined by the Board.
Share acquisition and transfers
Article 18 – A person's direct or indirect shareholding in a bank.
acquisition of shares representing ten percent or more of the capital or owned by a partner
ten percent, twenty percent, thirty-three percent or percent of the capital of direct or indirect shares
share acquisitions resulting in more than fifty and the shares belonging to a partner below these ratios.
Share transfers resulting in a decline are subject to the permission of the Board.
Establishment of shares that give the privilege of nominating members to the board of directors or audit committee,
The transfer or issuance of new privileged shares is subject to the permission of the Board, regardless of the proportional limits above
is subject to.
One percent of the par value of the acquired shares of the bank
It is obligatory to deposit the transfer share to the Fund by the transferee.
Transactions that cause the number of partners to fall below five and shares made without permission
transfers are not recorded in the share ledger. Records made in the share register contrary to this provision
is void. This provision also applies to the acquisition of voting rights and the establishment of usufruct rights on the shares.
is applied.
It is obligatory for the partners who have qualified shares to have the qualifications sought in the founders.
Partners with qualified shares who lose the qualifications sought in the founders are partnerships other than dividends.
cannot enjoy their rights. In this case, other partnership rights, upon notification of the Institution, the Fund
used by. These partners have less than ten percent of their direct and indirect shares in the capital.
They cannot use their pre-emptive rights until they are dropped.
Legal persons holding ten percent or more of a bank's capital
shares, directly or indirectly, within the rates or principles specified in the first paragraph.
to the Board's permission, provided that the transferee partner has the qualifications sought in the founders.
is subject to.

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In case the shares are transferred without the permission of the Board, the partnership, excluding the dividends belonging to these shares,
rights are exercised by the Fund.
Buying shares of banks whose shares are traded on the stock exchange and
Purchasing of the shares from the enforcement office in accordance with the provisions of the Execution and Bankruptcy Law No. 2004
Procedures and principles regarding the procedures to be carried out in case of an accident and the implementation of this article.
It is determined by the Board.
THIRD PART
Merger, Split, Share Change and Voluntary Liquidation
Merger, spin-off and share exchange
Article 19 – One of the banks operating in Turkey; one or more of the other
merger with a bank or financial institution or all its assets and liabilities and other rights and
transfer its liabilities to another bank operating in Turkey,
acquisition or division of its liabilities and other rights and obligations or exchange of shares
It depends on the permission of the board. By the authorized bodies of the relevant banks within three months from the date of permission.
If a decision is not taken and necessary actions are not taken, the permission given will be invalid. These banks
According to the provisions of the Law, in mergers, divisions and transfers, with the Turkish Commercial Code No. 6762
Percentage of the share of the total assets of the banks subject to the transfer or merger in the sector
7, 10 and 11 of the Law on the Protection of Competition No. 4054, provided that it does not exceed twenty.
The provisions of the th articles are not applicable. Following the finalization of the merger or transfer transaction,
all assets and liabilities of the transferred institution and other rights and obligations to the transferee bank.
and the transferred organization's legal entity ends and its registration is deleted from the Trade Registry.
The procedures and principles regarding the implementation of the provision of this article will be issued by the Institution.
determined by regulation.
Voluntary liquidation
Article 20 – The termination and liquidation of banks, with the permission of the Board and
It is subject to the control of the institution.
Banks operating in Turkey to cease their activities and liquidate them
If they want, they can announce the situation in at least two newspapers printed and distributed throughout Turkey.
and depositors or participation fund holders and their creditors or those that may be counted in this case.
All kinds of deposits or participation in cash or in kind that are in their possession by notifying individuals and institutions
fund, escrow and current account balances and other debts, even if they are due
for refund within two months without waiting, and for any in-kind or cash refund whose owner does not apply within this period.
They are obliged to deposit all kinds of deposits, participation funds, trusts and receivables to the Institution. institution, this
At the beginning of each year for a period of ten years, starting from the beginning of the following year.
hides it by declaring it according to the procedure. This is not sought within six months from the last announcement date.
values ​are recorded as income to the Fund.
The procedures and principles regarding the implementation of the provision of this article will be issued by the Institution.
determined by regulation.

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CHAPTER FOUR
Denial of Permit Applications
Rejection of permit applications
Article 21 – Permission applications made to the Institution pursuant to the provisions of this Law; your control
any direct or indirect action that may prevent the effective performance of
the existence of the relationship or the permission of the conditions, qualifications, qualifications stipulated for the transaction subject to permission.
in case it is not provided or lost during the application or evaluation process.
It is rejected by the board. Rejection decisions are notified to the relevant parties with justifications.
PART THREE
Corporate Management
FIRST PART
Administration
Corporate governance principles
Article 22 - Structure and processes related to corporate governance and principles related to them
It is determined by the Board by taking the opinion of the Capital Markets Board and the associations of establishments.
Board of Directors
Article 23 – The board of directors of banks cannot be less than five people, including the general manager.
In the absence of the general manager, his deputy is a natural member of the board of directors. General in this Law
The conditions stipulated for the manager are also sought for more than half of the members of the board of directors.
Managing directors are required to meet the conditions sought for the general manager. to the board of directors
Those elected and appointed in case of vacancy for any reason, meet the conditions sought in this article.
It is notified to the Authority within seven working days, together with the documents showing that they are carried. Headquarters
and the duties of chairman of the board of directors cannot be performed by the same person. Board of Directors
members of the first paragraph of Article 8 of this Law (a), (b), (c) and (d)
must meet the specified conditions.
Banks established abroad that operate by opening branches in Turkey
In the administrative centers in Turkey, the board of directors has the authority and responsibilities,
It is obligatory for them to form a board of directors of at least three people, including the branch manager.
In the implementation of this Law, the board of directors has the power of the board of directors.
The specified conditions are also sought for the members of the board of directors.
Establishment of internal control, risk management and internal audit systems in accordance with the relevant legislation
ensuring the functionality, suitability and adequacy of financial reporting systems.
assurance, determination of authorities and responsibilities within the bank,
responsibility.
audit committee
Article 24 – Supervision and supervision of banks by the board of directors
An audit committee is formed to assist in the performance of its activities. Audit
The committee consists of at least two members. Audit committee members are non-executive directors.
elected from among the members of the board. In banks operating as branches in Turkey,
one of the members of the board of directors who does not have an executive unit affiliated to
is assigned.

9546
Audit committee members must have the qualifications determined by the Board. This
The information and documents related to the assignment shall be submitted to the Institution within seven working days at the latest following the appointment.
is reported.
Audit committee, on behalf of the board of directors, the bank's internal control, risk management and internal audit
effectiveness and adequacy of these systems, accounting and reporting systems

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To observe the operation and integrity of the information produced within the framework of the law and related regulations,
necessary prerequisites for the selection of independent audit firms by the board of directors.
to make evaluations of independent audit firms selected by the board of directors.
to regularly monitor the activities of the parent company within the scope of this Law.
consolidated internal audit functions of organizations subject to consolidated audit.
Responsible for maintaining and coordinating
Within the scope of the audit committee, internal control, internal audit and risk management systems
from the established units and independent audit institutions; in the performance of their duties
to receive regular reports and to ensure the continuity and safety of the bank's activities.
There are matters that may adversely affect or there are contradictions to the legislation and internal regulations.
In this case, he is obliged to notify the board of directors about these issues.
The audit committee is responsible for the activities it performs, provided that it does not exceed six-month periods.
measures to be taken in the bank, practices that need to be done, and
other matters that the bank deems important in terms of maintaining its operations safely.
He is obliged to inform the board of directors about his opinions.

The audit committee consists of all units of the bank, contracted support service organizations and
to obtain information and documents from independent audit institutions, to be paid by the bank
subject to the approval of the board of directors, from persons who are experts in their fields.
authorized to provide consultancy services. The duties, powers and responsibilities of the audit committee
working procedures and principles are regulated by the board of directors.
General manager and assistants
Article 25 - General managers of the bank in law, economics, finance, banking, business, public
at least undergraduate level in management and equivalent branches, undergraduate level in engineering
those who have received education must have completed postgraduate education in the specified fields and
It is essential that they have at least ten years of professional experience in the field of banking or business administration.
Assistant general managers have at least seven years of professional experience and at least one-third
two of them must have at least undergraduate education in the fields specified in the first paragraph.
Even if they are employed with other titles, they are assigned to the assistant general manager in terms of their powers and duties.
Other executives in equivalent or higher positions are also subject to the general rules of this Law.
subject to the provisions regarding assistant directors.
The conditions sought in this article for those who will be appointed to the general directorate and assistantships
It is obligatory to notify the Institution together with the documents showing that they Seven jobs from notification
Appointments of the relevant persons in the event that a negative opinion is not given by the Institution within the same day
can be done.
Resignation of the general manager and his assistants who leave the office for any reason
reasons are notified to the Agency within seven working days by the relevant bank and the person leaving the office.

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In the application of this article, the qualifications and appointments of the general manager
of banks established abroad, in terms of obligations regarding their resignation or resignation.
The head office manager in Turkey is considered as the general manager.
(Repealed sixth paragraph: 13/2/2011/6111/144 art.)
Prohibition of work and signing authority
Article 26 – The first paragraph of Article 8 of this Law (a), (b), (c) and (d)
Persons who do not meet the conditions specified in the paragraphs, general manager, assistant general manager in banks
or as an official with signature authority. Banks, the signing powers of these persons
They must be removed immediately.
Violation of the provisions of this Law or other relevant legislation as a result of institution audits.
endanger the banking system or the safe operation of the bank.
It was determined that they were dropped and a written application was made to the Office of the Chief Public Prosecutor.
The signatory powers of bank members are temporarily revoked by a Board decision. These people, the Board
Unless they have permission, they cannot be employed in any bank as personnel with signature authority. (one)
Oath and declaration of property
Article 27 – Members of the board of directors of banks, chairman and members of the board of directors,
unless they are sworn in before the local commercial court after their election or appointment
They cannot start the job. With these persons, the general manager and his assistants and those who have the authority to sign
regional managers, branch managers and general directorates in the central organization.
Managers of units operating under division, division, group and equivalent names
Law No. 3628 on Declaring Property, Combating Bribery and Corruption
are subject to its provisions.
The procedures and principles regarding the oath and declaration of property are determined by the Board.
Decision notebook
Article 28 — Board of directors, audit committee, credit committee and board of directors
date and time, provided that there is no gap between them and there is no protrusion between the lines.
In accordance with the provisions of the Turkish Commercial Code numbered 6762, respectively, regarding the books.
the accuracy of the text in a separate book with consecutive page numbers approved.
It is recorded daily in a way that does not invite doubt, and six of each decision is made by the members.
It is signed within one month at the latest from the date of the decision. Procedures and principles to be determined by the Board
Within the framework of the law, the leaves are notarized instead of the decision books, provided that they are bound at the end of the year.
It can be used in separate scallops with certified and several consecutive sequence numbers.
SECOND PART
Internal Systems
Obligations regarding internal systems
Article 29 – Banks are obliged to monitor and control the risks they are exposed to,
in line with the scope and structure of its activities and in accordance with changing conditions, all branches and
An adequate and effective internal control, risk management and internal
They are responsible for establishing and operating a control system.
Establishment, operation, adequacy of internal control, risk management and internal audit systems,
the units to be established, the activities to be performed, the duties and responsibilities of the senior management and
The procedures and principles regarding the reporting to the Agency are determined by the Board.
__________________
(1) With the 1st article of the Law dated 20/2/2020 and numbered 7222, the "violations and"
The phrase “banking system or” is added after the phrase and “legal prosecution request” is added.
The phrase "received" has been changed to "a written application has been made to the Office of the Chief Public Prosecutor".

Page 14
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internal control system
Article 30 – Banks, within the scope of the internal control system, ensure that their activities comply with the legislation, internal
in accordance with the regulations and banking practices, accounting and reporting
system's integrity, reliability, and timely availability of information at all levels.
to ensure with continuous control activities to be followed and implemented by the personnel,
functional separations, sharing of authority and responsibilities, fund payments, bank
reconciliation of transactions, protection of assets and control of liabilities.
necessary for the recognition, assessment and management of any risk exposure.
It has to prepare the infrastructure and create an adequate communication network. Internal control activities
It is carried out by the internal control unit and personnel who will work under the board of directors.
risk management system
Article 31 – Within the scope of the risk management system of banks, their risk policies are determined by the Board.
It has to create, implement and report within the framework of determined principles. Risk management
by the risk management unit and personnel who will work under the board of directors.
is executed.
internal audit system
Article 32 – Banks covering all units, branches and partnerships subject to consolidation.
must establish an internal audit system. In this framework, activities are subject to legislation, articles of association,
Compliance with internal regulations and banking principles is audited by bank inspectors.
Internal audit activities are carried out impartially and independently, with due professional care,
carried out by a sufficient number of inspectors. Internal bank of the parent bank
Those who take part in the audit may perform the internal audit task in companies subject to consolidation. Inner
by the inspection unit or authorized inspectors, the second article of Article 29 of this Law.
The internal audit report to be prepared within the scope of the paragraph is at least quarterly and
It must be submitted to the board of directors through the audit committee.
THIRD PART
Authorized Institutions
Independent audit firms
Article 33 - (Amended first paragraph: 6/12/2012-6362/145 art.) Public Oversight,
Accounting and Auditing Standards Authorized by the Institution
It will be requested from independent affiliates in the 15th item within the scope of the scope.
Additional conditions were determined by the Board by taking the opinions of the Central Bank and the associations.
to be determined by the independent affiliates that meet these conditions.
The relevant list is announced to the public. Board, independent audit on the list
audit activities of independent organizations within the scope of this Law.
As a result of the quality control and audit studies to be carried out regarding the
and those who are found to be in violation of the legislation temporarily or permanently
is authorized to remove the most from the list. The board will carry out quality control and inspection
of your work

public u

Surveillance, Accounting and Audit

The stand conditions are dry. Independent auditing bodies
with the exception of the activities they do tomorrow,
are responsible for the damages.

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9549
During the audit, independent audit firms may endanger the existence of the bank.
or to determine the matters that show that the managers have violated the Law or the Articles of Association.
If it does, it notifies the Authority immediately. This notice is based on the principles of professional confidentiality and
does not constitute a breach of agreements or banking secrecy obligations.
Valuation and rating agencies
Article 34 – This Law and the regulations enacted pursuant to this Law
valuations and ratings, within the framework of the procedures and principles to be determined by the Board.
and rating agencies.
Support service organizations
Article 35 — (Amended: 13/2/2011-6111/144 art.)
Before banks receive support service, the risks that may arise from the support service they will receive
and their management, assessment of expected benefits and costs,
Prepares a written report to be submitted to the institution. Management of banks exclusively
with the activities that must be carried out by the board of directors or the units in their internal systems.
Accounting for transactions and preparation of financial reports
cannot be subject to service. The support service to be received will allow banks to fulfill their legal obligations.
prevent them from complying with relevant regulations and being effectively supervised.
cannot be qualified. The Board discusses the issues that banks can get support services when necessary.
to determine the issues that can be supported by banks or bank groups.
limit, prohibit or require liability insurance, or
According to the nature of the support service, it is authorized to make the receipt of these services a condition of permission.
Established by the Central Bank or operating under the Central Bank
clearing, custody and central office under the supervision of the Capital Markets Board.
registry service organizations as support service organizations in the implementation of this Law.
not evaluated.
Liability insurance
Article 36 — (Amended: 13/2/2011-6111/145 art.)
Independent audit firms, to cover the damages that may arise from the services they provide.
by the Undersecretariat of Treasury to insurance companies established in the country or abroad for the purpose of
liability insurance, the general conditions of which will be determined or the compliance with these conditions will be confirmed
are responsible for doing it. Valuation, rating and support service organizations, service
Liability insurance if requested by the banks they provide or if deemed necessary by the Board
they do.
CHAPTER FOUR
Financial Reporting
Accounting and reporting system
Article 37 – (Amended first paragraph: 6/12/2012-6362/145 art.) Banks, Public
Supervision, Accounting and Auditing Standards
the principles and procedures to be determined by the Board by taking the opinions of the unions.
to apply uniform order in accounting systems as appropriate; Public
Inspection, Accounting and Auditing Standards As published by the Agency
au th e au t d d ds of accounting and financial rapping

as all

to properly account and criticize transactions in accordance with their real nature
in a format that can meet the need to learn about financial reports and
in content, understandable, reliable and comparable, audit, analysis and
interpretable, timely and correct

shaped add

hard name.

9550
Banks, legal and auxiliary books and records, branches, domestic and abroad
They cannot close their balance sheets without making an account reconciliation with their correspondents.

Page 16
In the event that the published financial statements are found to be inaccurate, the Board requires
authorized to take action.
Consolidated financial reports
Article 38 — About the parent company, its financial position and results of operations as a whole
In order to provide information, within the framework of the procedures and principles regulated by the Board pursuant to Article 37
must prepare consolidated financial reports. Included in the consolidated financial report
institutions will be required to prepare consolidated financial reports.
is obliged to give all kinds of information and documents to the relevant parent company.
Signing, submission, announcement and auditing of financial reports
Article 39 – To be determined by the Board from the financial reports prepared by the banks
the chairman of the board of directors, audit committee members, general manager and financial
Deputy general manager responsible for reporting and relevant unit manager or equivalent to these titles
on financial reporting by specifying the name, surname and title of the persons
It must be signed by stating that it complies with the regulations and accounting records. Signature
obligation of the board of directors in banks operating by opening branches in Turkey.
carried out by its members.
Independent audit of the annual financial reports to be submitted to the general assemblies of banks
institutions must be approved.
Banks submit their financial reports to the principles and procedures to be determined by the Board.
They are obliged to present and announce to the relevant authorities within the framework of
annual report
Article 40 - Banks, their status, management and organizational structure, human
resources, operations, financial situation, management assessments and future
information regarding their expectations, financial statements, summary board of directors report and
They have to prepare an annual activity report, which includes the independent audit report. Activity
The procedure and procedures regarding the preparation of the report, its notification to the relevant authorities and its disclosure to the public.
principles are determined by the Board.
Responsibility
Article 41 – The Board of Directors, in accordance with Article 37 of this Law,
accounting, preparation of financial statements, approval, auditing, authorized
the financial reporting system, including its submission and publication to authorities, its mandate, mandate and
determining responsibilities, making information systems adequate and overseeing the implementation.
liable.
Storage of documents
Article 42 – The originals of the received letters and documents related to the activities or their
where it is not possible, copies and written texts that will not leave any doubt about their authenticity.
copies of the texts taken by machine and arranged by giving date and number order, procedures
within the framework of the relevant bank for ten years. Microfilm, microfiche of these documents
It is possible to store them in the form of electronic, magnetic or similar media. It
The procedures and principles regarding the implementation of the article are determined by the Board.

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9551
PART FOUR
Protective Provisions
FIRST PART
Equity and Standard Ratios
Protective regulations
Article 43 - The Board; assets, receivables, equity, debt, liabilities and
commitments, the interests and balances between income and expenses, and all other matters affecting the financial structure.
identification, analysis, monitoring, measurement and evaluation of the elements and the risks to which they are exposed
to make the necessary arrangements by setting limits and standard rates in order to
and is authorized to take all kinds of measures about them. This provision, pursuant to Article 38
The procedure to be determined by the Board for the parent company that has the obligation to prepare consolidated financial statements
and is applied on a consolidated and unconsolidated basis within the framework of the principles. banks, made
comply with regulations, set limits and standard rates, including on a consolidated basis
to calculate, retain and maintain, and with regard to these, by the Institution.
It is obliged to take and implement the requested measures within the specified periods.
The Board also considers the application of corporate governance provisions and protective provisions.
the minimum or maximum standard rates determined for each bank or bank group, and
to establish a more conservative rate or limit different from the limits, or to calculate and report
try to differentiate between periods or to set generally unspecified rates and limits.
is authorized.
Limitations and thresholds for standard rates stipulated under this Law.
In case of access or overflows, the relevant bank shall immediately notify the Agency of the situation.
has to.
Paid-in capital, reserves and equity
Article 44 – The paid-in capital is paid by the banks in de facto and free from all kinds of collusion.
of the paid-in or allocated and paid-in capital to Turkey, the reserve for the loss seen in the balance sheet.
It is the amount remaining after deducting the portion that cannot be met with coins.
Reserve funds, the Turkish Commercial Code No. 6762 and related laws and the main
after deducting the balance sheet loss, if any, from the reserves allocated according to their contracts.
the amount obtained.
Equity, Tier 1 Capital and Supplementary Capital, and from this total capital
It expresses the amount to be found as a result of deducting the values ​to be deducted.
Consolidated equity, credit limits to be applied on a consolidated basis and standard
are taken into account by calculating in accordance with the provisions of the third paragraph of this article while calculating the rates.
The procedures and principles regarding this article are determined by the Board.
capital adequacy
Article 45 — The risks that may arise due to the implementation of this Law
Having sufficient equity against losses indicates capital adequacy. Banks, Institution
less than eight percent according to the procedures and principles stipulated in the regulation to be issued by
Calculating, achieving, maintaining and maintaining the capital adequacy ratio to be determined
has to report.

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Minimum capital adequacy, taking into account the internal systems, asset and financial structures of banks
to increase the rate of investment, to differentiate on the basis of banks, to increase the risk
regulation by taking into account the characteristics of these accounts in the determination of their weights.
The Board is authorized to do so.
liquidity adequacy
Article 46 – Banks may be approved by the Board by taking the assent of the Central Bank.
Calculating, achieving and maintaining the minimum liquidity level according to the procedures and principles to be determined
and must report.
Elimination of overruns
Article 47 – In this Law and the regulations issued pursuant to this Law,
Limitation and excess of rates within the framework of the procedures and principles to be determined by the Board.
is required to be eliminated.
With a certain ratio of the equity due to the decreases that may occur in the shareholders' equity.
In the event that excesses occur in the associated limitations and rates and the conditions require, this
overruns are eliminated within a period to be determined by the Institution. Time determined for the elimination of overruns
Provisions of this Law regarding administrative fines shall not apply.
SECOND PART
Loans and Risk Group
loans
Article 48 – Cash loans given by banks, letters of guarantee, counter-guarantees,
non-cash loans such as sureties, endorsements, endorsements, acceptance and commitments of this nature, purchased
bonds and similar capital market instruments, by making a deposit or in any form
and form loans, receivables arising from the forward sale of assets, overdue cash
loans, accrued but uncollected interests, cash bonds of non-cash loans
receivables from reverse repo transactions, futures and options contracts and similar
risks assumed due to other contracts, partnership shares and accepted as credit by the Board.
Transactions processed are considered credits in the application of this Law, regardless of the account they are followed.
In addition to the ones stated in the first paragraph, participation with development and investment banks
by paying the movable and immovable property and service costs of the banks or profit and loss
partnership investments, procurement of real estate, equipment or commodities or financial leasing, in return for goods
documents, joint investments or other methods to be determined by the Board.
financings are also considered as loans in the application of this Law. (one)
risk group
Article 49 – A natural person and his spouse and children, a member of their board of directors or
they are the general manager or they or a legal entity together or individually, directly
or partnerships that they indirectly control or participate with unlimited liability
creates the group.
(Amended paragraph: 20/2/2020-7222/3 art.) A bank and qualified shareholders of the bank,
members of the bank's board of directors, general manager, assistant general managers and other titles
Even if they are employed, they work in positions equivalent to or above them in terms of their powers and duties.
managers and their spouses and children, together or alone, directly or indirectly
as a member of the board of directors or a member of the board of directors or
The partnerships of which they are the general manager constitute the risk group to which the bank is included.
Partnerships controlled together in the determination of the above-mentioned risk groups,
It is included in the risk group of each shareholder who jointly controls the partnerships.
________________
(1) With Article 2 of the Law No. 7222 dated 20/2/2020, the “financial
The phrase “finances provided by the leasing method” is “banks”, the phrase “similar” is written by the Board.
changed to “other to be determined”.

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In the implementation of this article, it is another reason for one of them to have difficulty in paying.
surety, guarantee or guarantee that will result in the insolvency of one or more of them.
Real and legal persons with similar relationships are included in the relevant risk groups.
(Amended paragraph: 20/2/2020-7222/3 art.) The majority of the capital is separately or together
To the Treasury, Privatization Administration, Turkey Wealth Fund Management Joint Stock Company,
All banks belonging to the Turkish Wealth Fund or public administrations within the scope of the central government
a separate risk group together with the partnerships that they directly or indirectly control.
creates.
(Amended paragraph: 20/2/2020-7222/3 art.) State economic enterprises and their shares
majority of the Privatization Administration, Turkey Wealth Fund Management Joint Stock Company
or each of the other public institutions and organizations held by the Turkey Wealth Fund,
with subsidiaries, affiliates and institutions over which they have control of capital, management and control.
together form a separate risk group.
(Amended paragraph: 20/2/2020-7222/3 art.) Procedure and application of this article
The Board is authorized to determine the principles.
The risk group involved and conditions for lending to members
Article 50 - Banks;
a) To the members of the board of directors, the general manager, the assistant general managers and to extend credits.
to authorized members; their spouses and children under their custody; alone or together
partnerships in which they own twenty-five percent or more of the capital,
b) Members other than those listed in subparagraph (a) and their spouses and custody
to their children,
c) Funds, associations, unions or unions established by or for their members.
to foundations,
It cannot give cash or non-cash loans, bonds or bonds in any form and form.
cannot buy similar securities.
The provisions of the first paragraph are those who are originally in the membership of the board of directors or represent
real person who owns a qualified share in the bank's capital directly or indirectly.
It does not apply to individual partners and legal entity partners.
Members of the board of directors and supervisors of partnerships of a bank
Being a member of the relevant bank at the same time prevents these partnerships from transacting with the relevant bank.
is not.
Loans to real and legal persons in the risk group of the bank
two-thirds of the total number of members of the board of directors,
by the majority of the creditors and the credit conditions provided to them in favor of the creditor, other persons and
It is essential that it does not differ from those made available to groups and from market conditions.
Members of the board of directors of a bank, their members and their spouses and custody
Loans to be given to children under the age of five, not exceeding five times their monthly net wages,
Loans to be extended by issuing a checkbook or credit card, not exceeding three times
and the provision for securities specified in subparagraphs (a) and (b) of Article 55 of this Law.
The loans extended are not subject to the provisions of the first and fourth paragraphs.
The Bank regularly reports to the Agency the loans extended by the bank to the persons in the risk group.
reports.
Liquidation of credits that subsequently become contrary to the provisions of this article within six months at the latest.
is mandatory.

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Opening a loan
Article 51 – The authority to extend credit belongs to the board of directors. Board of Directors; granting a loan
and other administrative principles, to ensure their implementation and monitoring, and
responsible for taking the necessary measures.
The Board of Directors is authorized to extend credit within the framework of the procedures and principles to be determined by the Board.
committee or to the general directorate. The general directorate has the authority to extend the loan transferred to it.
It can also use other units through regional directorates or branches. Formation of the credit committee
Working and decision-making principles are determined by the Board. Subject to the provisions of this Law regarding credit limits
The authority to open a loan for non-performing loans is within the framework of the procedures and principles to be determined by the board of directors.
transferable.
Those who have the authority to open a loan, their spouse and their children under their custody or risk with them
Evaluation and decision regarding the credit transactions to which other real and legal persons forming the group are a party.
cannot take part in the submission stages and notifies the authorities of this matter in writing.
The Board shall determine that the loans, which are determined to be used in violation of the provisions of this article and article 50,
to decide to be considered as a discount item in the equity account of the relevant bank or to take these loans into account.
It is authorized to require additional equity to be provided.
Monitoring of loans
Article 52 – Banks are obliged to measure the risks to be exposed due to their loans, to
to regularly analyze and monitor its power, to obtain the necessary information and documents and to
to set the fundamentals. In this context, loan customers are on a consolidated and unconsolidated basis.
It is obliged to give the requested information and documents to the banks.
General and annexed budget departments, state economic enterprises,
Institutions and partnerships owned by organizations included in the scope of Law No. 3291 dated 28.5.1986 and
Loans to be extended and surety or guarantees to be given to customers other than banks shall be determined by the Institution.
If the amount exceeds the general acceptance, the statement of account status to be received and the attached balance sheet and profit and loss statements
dated 1.6.1989 and 3568, within the principles to be determined by the Agency.
It must be approved by professionals who have obtained a license in accordance with Law No.
The procedures and principles regarding the implementation of this article are determined by the Board.
Provisions, guarantees and write-offs
Article 53 — (Amended with its Title: 17/7/2019-7186/16 art.)
Banks have sufficient funds to cover the losses incurred or likely to arise in relation to the loans.
level of provisioning, quality and classification of loans, guarantees and collateral
obtaining loans, measuring their value and reliability, monitoring the
Turkish Financial Reporting published by the Oversight, Accounting and Auditing Standards Authority.
regarding write-offs, repayments, including loan restructuring, in accordance with its standards.
establishing and implementing policies, reviewing them regularly, implementing all these
It has to establish and operate the necessary structures that can Procedure regarding the implementation of the provision of this paragraph
and principles are determined by the Board.
In accordance with this article, all of the special provisions set aside for loans are recorded in the year they are allocated.
It is considered as an expense in determining the corporate tax base.
Pursuant to this article, after the special provision is made, there is no possibility of collection.
deducted credits, the provisions of Article 322 of the Tax Procedure Law No. 213 dated 4/1/1961
shall be deemed bad debt.

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THIRD PART
Limitations
credit limits
Article 54 – A real or legal person or a risk group by banks
The total of the loans that can be extended cannot exceed twenty-five percent of the own funds. This rate is 49th
It is applied as twenty percent for the risk group defined in the second paragraph of the article.
The Board decides to increase this rate up to twenty-five percent or reduce it to its legal limit.
is authorized. Loans given to an ordinary partnership have been extended to partners in proportion to their responsibilities.
counted.
Regardless of whether they are the controlling shareholder or qualified shareholder by the banks.
of all banks registered in the share register and holding one percent or more of the capital of the banks.
the sum of the loans to be extended to its partners and persons forming a risk group with them.
cannot exceed fifty percent of its equity.
Loans extended to jointly controlled partnerships
joint control of the shares held by each of the shareholders in the partnership capital.
including each shareholder jointly controlling the partnership to the extent of their total share
deemed to have been used by the risk group.
Ten percent or more of the equity of a natural or legal person or a risk group
The loans extended at the rate of surplus are considered large loans and their total is eighth of the equity.
cannot exceed the floor.
To form the collateral for the loans extended to a risk group, the same risk group
Availability, guarantees and sureties accepted from real or legal persons, including loans belonging to the risk group
are not taken into account in the calculation of borders.
Non-cash loans, futures and options contracts and other similar contracts,
accepted bills of exchange, guarantees and sureties, credit institutions and financial institutions.
transactions with the central administrations, central banks and banks of the countries to be accepted by the Board.
bills, bonds and similar securities issued or guaranteed by transactions or transactions
capital market instruments, transactions made against other guarantees
are taken into account within the principles and rates determined by the Board.
The provisions of this article are applied on a consolidated basis for the parent company.
Transactions not subject to credit restrictions
Article 55 – The following credit transactions are not subject to the limitations in Article 54:
a) Transactions in cash, cash equivalents and accounts and precious metals.
b) Undersecretariat of Treasury, Central Bank, Privatization Administration, Mass Housing
Administration, Turkey Wealth Fund Management Joint Stock Company or Turkey Wealth Fund
promissory notes, bonds, etc., issued or guaranteed to be paid by these institutions.
transactions in exchange for securities. (one)
c) In the markets of the Central Bank or other money organized by law
transactions in the markets.
d) In case of a new loan allocation to the same person or to the same risk group,
credits given in denominations or in foreign currency, the subsequent credit
Check and credit card, provided that it is taken into account at the current exchange rate on the date of use.
Increases due to exchange rate changes in loans, excluding their disbursement, and past due loans.
interest accrued on loans, dividends and other elements.
__________________
(1) With Article 4 of the Law dated 20/2/2020 and numbered 7222, the "and Mass Housing Administration" in this paragraph
Presidency, the phrase "", Mass Housing Administration, Turkey Wealth Fund Management Anonim Şirketi or
Turkey Wealth Fund”.

9556
e) Partnership shares acquired free of charge due to all kinds of capital increases and partnerships
increases in the value of their shares that do not require any outflow of funds.
f) Transactions between banks within the principles to be determined by the Board.

Page 22
g) Public offering, provided that it is disposed of within the framework of the principles and periods to be determined by the Board.
partnership shares acquired within the scope of underwriting underwriting.
h) Transactions considered as deductible in equity account.
i) Other transactions to be determined by the Board.
Limitations on partnership shares
Article 56 – Banks; other than credit institutions and financial institutions.
its share in the partnership is fifteen percent of its own equity, the total amount of its shares in these partnerships
cannot exceed sixty percent of its own equity.
The transactions specified in subparagraph (e) of Article 55 of this Law,
are not taken into account in the calculation of borders.
(Repealed clause: 20/2/2020-7222/18 art.)
Banks, partnerships and companies that have direct or indirect shares in them.
may not directly or indirectly hold shares in corporations, pledge their shares
They cannot accept it as an advance and cannot give an advance in return.
Transactions on real estate and commodities
Article 57 — The sum of the net book values ​of the real estates of the banks
cannot exceed fifty percent. In this calculation, based on valuation or inflation adjustment
Value increases that occur and are added to the real estate account are taken into account at the rate of fifty percent.
Banks are based on real estate and commodities within the scope of the Capital Markets Law No. 2499.
Except for the purchase and sale of precious metals to be deemed appropriate by the Board,
may not engage in the purchase and sale of real estate and commodities for commercial purposes,
main field of activity, excluding financial institutions and real estate investment trusts
They cannot participate in partnerships with real estate trade.
(Repealed clause: 20/2/2020-7222/18 art.)
Handling of commodities and real estates that have to be acquired due to receivables
The procedures and principles regarding the issuance are determined by the Board.
Transactions regarding funds and foundations
Article 58 – Health and social services, exclusively for their employees, by banks.
the deficits of the funds and foundations established for the purpose of aid, retirement, reserve and savings.
No resource can be transferred for closure.
donation limits
Article 59 – In a financial year by banks and institutions subject to consolidated supervision
The amount of donations that can be made cannot exceed four per thousand of the bank's equity. However, the donation
and at least half of the aids as expenses or deductions in the determination of the corporate tax base.
It must consist of donations and aids that can be taken into account. implementation of this provision.
The procedures and principles regarding this issue are determined by the Board.

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FIFTH
Provisions Regarding Deposit and Collection of Participation Funds
Deposit and participation fund acceptance
Article 60 – Except for credit institutions and those authorized according to their special laws,
real or legal person accepting deposits or participation funds by taking up a profession originally or by choice.
cannot express this impression in their commercial titles and public statements, as well as in their announcements and advertisements.
cannot use expressions and idioms that will create
In return, receipt, participation certificate, promissory note and similar documents instead of passbook
This does not prevent the money received from being considered as deposit or participation fund acceptance.
In partnerships with official and private institutions, health and
funds and foundations established for the purpose of social assistance, retirement, provision and savings.
the money they collect for these purposes exclusively from their members and the insurance companies
transactions are not considered as deposit and participation fund acceptance in the application of this Law.
(Amended paragraph: 20/2/2020-7222/5 art.) Development and investment banks are determined by the Board.
from loan customers, partnerships and partners within the framework of the procedures and principles to be determined.
from banks, money markets, capital markets and organized markets with the funds they will provide.
The funds they will use are not considered deposits in the application of this Law.
Foreign branches and partnerships of credit institutions established in Turkey, deposits
in the country where they operate in the process of issuing the wallet and fundraising documents.
has to do. No deposit in the country in any form or form on behalf of these branches or partnerships.
wallet and fundraising documents cannot be issued or given.
Credit institutions established in Turkey, partnerships established abroad or other banks
accepting deposits or participation funds from domestic residents on behalf of financial institutions
in order to; holding documents or wallets, employing personnel, these partnerships
or deposit and participation funds to be collected on behalf of other credit institutions or financial institutions
to pay money to the personnel under the names of wages, commissions, premiums and similar
directing their customers to the aforementioned organizations by having these organizations advertised,
deposit and participation funds on behalf of institutions established abroad by using and similar methods
Acceptance of deposits and participation funds shall be deemed as acceptance of unauthorized deposits and participation funds within the scope of this article.
Taking the opinion of the Board on credit institutions, deposit accounts and participation fund accounts
to classify the savings deposits according to the maturity and types to be determined by the Central Bank,
and the participation fund belonging to real persons from other accounts.
Capital market issued in accordance with the provisions of the Capital Markets Law No. 2499
The provisions of this article do not apply to vehicles.
Withdrawal of deposit and participation fund
Article 61 – The right to pledges and imprisonment in the Turkish Civil Code No. 4721, No. 818
The provisions of the Code of Obligations on the transfer and assignment of receivables, exchange and other laws
to deposit and participation fund holders, without prejudice to the powers and obligations imposed.
The right to recover the amounts due can not be limited in any way. deposit or
between participation account holders and credit institutions regarding the maturity and notice period.
terms reserved.

The procedures and principles regarding the implementation of this article are determined by the Board.

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Time out
Article 62 – Rights from deposits, participation funds, trust and receivables in banks
within ten years from the date of the owner's last request, transaction, any written instruction
Those who are not sought are subject to the statute of limitations.
All kinds of deposits, participation funds, escrow and receivables subject to statute of limitations
In case the beneficiary cannot be reached by the beneficiary, following the announcement to be made, income is recorded in the Fund.
The procedures and principles regarding the implementation of this article are determined by the Board.
Insurance of deposit and participation fund
Article 63 — Savings deposits at credit institutions and belonging to real persons
participation funds are insured by the Savings Deposit Insurance Fund.
Credit institutions, savings deposits with them and participation funds belonging to real persons,
have to insure over the insured part and pay premiums over it.
Coverage of savings deposits and participation funds of real persons to be insured
and its amount, by obtaining the positive opinion of the Central Bank, the Board and the Undersecretariat of Treasury.
It is determined by the Board. Rate of risk-based insurance premium, savings subject to insurance on an annual basis
cannot exceed twenty per thousand of the deposit and participation fund. Tariff of risk-based insurance premium, collection
time, form and other issues are determined by the Fund Board by taking the opinion of the Board.
determines.
In the event of bankruptcy of credit institutions, deposit and participation fund owners
receivables and the State and social security institutions within the scope of Law No. 6183.
Execution and Bankruptcy No. 2004 for the part that is not subject to insurance to come after the receivables.
They are privileged creditors within the meaning of the third row in Article 206 of the Law.
In determining the corporate tax base of insurance premiums paid to the Fund by credit institutions
is considered an expense.
There is no doubt about the accuracy of the credit institutions whose operating license has been revoked.
The insured part of the deposit and participation fund, which has been proven so as not to include
paid from resources.
Deposits and participation funds not covered by insurance
Article 64 - The savings deposit and participation fund accounts listed below are subject to insurance.
is not:
a) The controlling partners of the relevant credit institution and their mother, father, spouse and custody
deposit and participation fund and other accounts belonging to their children.
b) Chairman and members of the board of directors or directors of the relevant credit institution, general manager
and their assistants and their mother, father, spouse and children under custody
funds and other accounts.
c) From the crime in Article 282 of the Turkish Penal Code dated 26.9.2004 and numbered 5237
Deposits and participation funds and other accounts included in the asset values ​arising from
d) Other deposits, participation funds and accounts determined by the Board.

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PART SIX
Inspection and Measures to be Taken
Audit
Article 65 – Organizations within the scope of this Law and their activities,
subject to supervision and control.
The Agency may send a representative as an observer to the general assembly meetings of the banks.
consolidated audit
Article 66 – Pursuant to the provision of the first paragraph of Article 43 of this Law,
Parent banks, which are subject to limitations and rates on a consolidated basis, and their domestic and international
consolidated subsidiaries, joint ventures, branches and representative offices
is subject to control.
The organizations mentioned in the first paragraph are primarily internal control, risk management and internal audit.
systems, accounting and financial reporting unit, financial statements and reports and risk group
All kinds of records, information, documents, structures and documents, including information and documents related to the loans extended.
They have to make their systems suitable and ready for consolidated audit.
Subsidiaries and jointly controlled partnerships to be made pursuant to this Law
consolidated audit, if necessary, of the Institution and organizations subject to consolidated audit.
It is carried out together with the competent authorities with its supervision and surveillance. Audit with audit results
the main information and documents, the procedure and procedures to be determined by the Board by taking the opinion of the aforementioned competent authorities.
shared and used according to the principles.
Precautionary plan to be prepared by banks
Article 66/A – (Annex: 20/2/2020-7222/6 art.)
Banks determined as systemically important by the Board,
due to non-compliance with the protective provisions in the regulations or otherwise
the occurrence or the possibility of seeing any of the conditions that will cause deterioration in their
In order to determine in advance the measures to be taken in the event of a
to prepare a precautionary plan within the framework of the procedures and principles to be determined and send it to the Authority.
liable.
These banks make their assessments on a consolidated or unconsolidated basis.
As a result, the realization of any of the situations that will cause deterioration in their financial structure or
In the event that the probability of realization arises, the consolidated or
to take measures to be implemented on an unconsolidated basis and to inform the Agency immediately.
liable.
As a result of the audits made by the institution on a consolidated or unconsolidated basis, the financial
Determination of the occurrence or probability of occurrence of situations that will cause deterioration in the body
In case of a decision, the Institution may take one or more of the measures included in the precaution plan from the bank.
may want to take it. The procedures and principles regarding the implementation of this article are determined by the Board.
Circumstances requiring precautions
Article 67 — As a result of audits made on a consolidated or unconsolidated basis,
the bank;
a) It is in danger of not being able to meet its liabilities as of the maturity date of its assets.
or failing to comply with the regulations regarding liquidity,
b) Due to the deterioration of the interest and balances between income and expenses, the profitability
not being able to carry out the activities safely,
c) Its own funds are insufficient in accordance with the regulations regarding capital adequacy, or
that this situation is about to happen,
d) Deterioration of the asset quality in a way that may weaken the financial structure,
e) Decisions contrary to this Law and related regulations or decisions taken by the Board,
processes and applications,

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f) Failure to establish internal audit, internal control and risk management systems or to use these systems effectively
and it does not operate adequately or there is any issue preventing the audit,
g) Defined by this Law and related legislation due to the lack of foresight of the management.
significant increase in risks or their concentration in a way that may weaken the financial structure,
h) (Annex: 20/2/2020-7222/7 art.) stipulated in the measure plan within the scope of article 66/A
failure to take measures immediately, failure to resolve problems despite the measures taken, or failure to take measures
Determining that no result can be obtained even if it is taken,
In case any of its cases are detected, Articles 68, 69 and 69 of this Law
The measures stipulated in Article 70 shall be taken immediately.
Corrective measures
Article 68 - The Institution, regulated in Article 67;
a) In case of detection of one or more of the situations in subparagraphs (a), (b), (c), (d) and (h),
increasing the bank's equity or temporarily suspending the distribution of profits,
transferring or increasing reserves, stopping lending to shareholders
providing liquidity by selling off assets or by disposing of new investments.
limitation or suspension of wages and other payments, long-term
suspension of investments, (1)
b) In case of existence of one or more of the situations in subparagraphs (e), (f) and (g), this
elimination of contradictions, reviewing the credit policy and stopping risky transactions,
Taking the necessary measures to reduce the maturity, exchange rate or interest rate risk,
One or more or all of the measures and other measures deemed appropriate by the Institution.
measures to be taken within a period of time that the Institution deems appropriate and within a program to be approved.
and requests its implementation from the bank's board of directors. (one)
remedial measures
Article 69 — Failure to take the measures specified in Article 68 by the Bank or
Even if the problems cannot be solved despite the measures taken or if these measures are taken,
In the event that the Institution determines that no results can be obtained, the Board;
a) Any of the situations listed in subparagraphs (a), (b), (c), (d) and (h) of Article 67
in case of realization of financial structure, capital adequacy or
raising one or both of the liquidity levels, giving an appropriate
or disposal of fixed assets, cuts in operating and administrative expenses.
payments other than those regularly paid under whatever name
cash and non-cash loans to certain persons, institutions, risk groups or sectors.
limitation or prohibition of its use, (2)
b) Elimination of contradictions regarding subparagraphs (e), (f) and (g) of Article 67, decision,
In case the members of the board of directors are responsible for the transactions and practices, the general assembly
an extraordinary meeting is called as soon as possible and one or more of the members of the board of directors
or by changing the whole or all of them, or by increasing the number of members, or appointing members
the dismissal of members with responsibility or the reduction of risks to which they are exposed.
Establishing a short-, medium- and long-term program to be deemed appropriate by the Board, and
written commitment of this program from the members of the board of directors and the partners with qualified shares.
and sending the application results as of the periods determined, (2)
and promptly take all kinds of measures he deems appropriate, including
requests its implementation from the bank's board of directors.
restrictive measures
Article 70 – The measures taken by the Bank in Articles 68 and/or 69
not being taken or not being able to solve the problems despite the precautions taken or taking these measures
In the event that it is determined that no result can be obtained even in the event of a
a) Its activities, its entire organization in terms of activity types, or any domestic
or temporary restriction to cover branches abroad or relations with correspondents.
to be stopped,
__________________
(1) With the 8th article of the Law dated 20/2/2020 and numbered 7222, “(a), (b)
(c) and (d)” phrase as “(a), (b), (c), (d) and (h)” and “plan” phrase in the paragraph as “program”
has been changed.
(2) With the 9th article of the Law dated 20/2/2020 and numbered 7222, the “(a), (b)
(c) and (d)” phrases are in the form of “(a), (b), (c), (d) and (h)”, “with regard to item (g)” in item (b)
the phrase "or", the phrase "plan" as "program" and the phrase "plan" as "program"
has been changed.

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b) Interest rate and maturity regarding the collection and utilization of resources
imposes all kinds of limitations and restrictions, including
c) The general manager, assistant general managers, including the board of directors,
dismissal of some or all of the unit and branch managers,
Obtaining the approval of the Authority for the persons to be appointed or elected instead of the persons,
d) Not to exceed the amount of the insured deposit or participation fund, and to provide sufficient collateral.
long-term loan to be met from the stocks or other assets of the partners
to provide,
e) Limiting or stopping the activities determined to cause harm,
disposal of low-yielding or inefficient assets,
f) Merging with one or more banks that are willing,
g) New shareholders to be deemed appropriate in order to increase equity.
to be found,
h) Deduction of the resulting loss from equity,
to take one or more of the measures or other measures that it deems appropriate, and
requests its implementation.
Removal of operating license or transfer to the Fund
Article 71 - As a result of audits, regarding a bank;
a) The measures required to be taken within the scope of Article 70 of this Law are determined by the Board.
partly or completely within the given period or in any case within twelve months at the latest.
not taken, or even though it has taken these measures partially or completely,
It is not possible to strengthen the financial structure even if these measures are taken.
determination that it cannot be strengthened,
b) The rights of deposit and participation fund owners and the financial system
the emergence of a danger in terms of security and stability,
c) It is determined that it cannot fulfill its obligations in due time,
d) The total value of its liabilities exceeds the total value of its assets,
e) The controlling shareholders or managers of the bank's resources in a safe way of the bank.
directly or indirectly or indirectly, in a way that jeopardizes its
to use it in their favor or to use resources indirectly and thereby harming the bank.
to inflict,
In case of existence of one or more of these situations, the Board shall have at least five members in the same direction.
With the decision taken by a vote, the bank's operating license may be revoked or the credit institution's dividends excluded.
partnership rights, management and control, deduction of loss from the existing shareholders' capital
to the Fund for the purpose of transfer, sale or merger, in whole or in part, provided that
is authorized.
According to the provisions of this Law, credit institutions whose operating licenses have been revoked
and investment banks are liquidated according to general provisions.
Board decisions taken within the scope of this article are published in the Official Gazette. publication date
It is considered as the notification date for the relevant parties.
Measures to be taken against systemic risk
Article 72 — (Repealed: 6/12/2012-6362/145 art.)

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SECTION SEVEN
Legal Obligations
Keeping secrets
Article 73 - Chairman and members of the Board, Agency personnel, Fund Board chairman and members
and Fund personnel to the banks they learned during their duties and their subsidiaries, affiliates,
jointly controlled partnerships and secrets of their customers in accordance with this Law and its special laws.
may not disclose it to anyone other than those authorized to do so, and for the benefit of themselves or others
they cannot use it. Persons and organizations from which the institution receives outsourcing services and their employees
is also subject to this provision. This obligation continues even after leaving office.
Pursuant to the provisions of this Law, the Institution shall cooperate with the equivalent supervisory authorities abroad.
The information and documents to be given within the framework of the memorandum of understanding that it will issue
not covered. Except for the memorandums of understanding or memorandums to be drawn up by the Board,
responsible for keeping secrets. The confidential information to be obtained by the institution and
documents, in issuing establishment and activity permits, in the supervision of activities, in compliance with the regulations.
in monitoring non-compliance and in hearing administrative lawsuits to be filed against Board decisions.
available. (Amended fourth sentence: 13/2/2011-6111/146 art.) This paragraph of the Institution
confidential information and documents to be obtained within the scope of criminal investigation and prosecution
Prosecutor's offices and criminal courts, even if they have left their duties,
investigations and prosecutions initiated for crimes allegedly committed in connection with
Except for the Chairman and members of the Board and the Institution personnel who will make a request in connection with the
It cannot be given to individuals, institutions or organizations. Information within the scope of confidentiality tied to a court decision
The Institution cannot be held responsible for
(Amended third paragraph: 13/2/2011-6111/146 art.) Banks due to their titles and duties
or those who learn the secrets of their customers are expressly authorized by law in this regard.
They cannot disclose it to anyone other than the appointed authorities. This obligation continues even after leaving office.
continues. (Additional sentences: 20/2/2020-7222/10 art.) Specific to banking activities
Data belonging to real and legal persons formed after establishing a customer relationship with banks, customer
becomes a secret. Without prejudice to the mandatory provisions of other laws, the customer's secret
information in the nature of information, situations that are exempted from the confidentiality obligation specified in this article.
In accordance with the Law on Protection of Personal Data No. 6698 dated 24/3/2016
even with the explicit consent of the customer, without a request or instruction from the customer.
It cannot be shared with or transferred to third parties in Turkey or abroad. Board economic
As a result of the evaluation to be made regarding security, it is considered as a customer secret or a bank secret.
Sharing or transferring all kinds of data to third parties abroad
information systems used by banks to carry out their activities and their
It is authorized to take a decision on keeping the backups in the country. specified in this article.
Including the shares to be made in cases exempted from the confidentiality obligation,
information in the nature of customer secrets and bank secrets, only to be limited to the stated purposes and
In accordance with the principle of proportionality, provided that it contains as much data as required for these purposes.
can be shared. Code of Obligations dated 22/4/1926 and numbered 818, dated 13/6/1952 and numbered 5953
About the Arrangement of Relationships Between Employees and Employees in the Press Profession
The Law, dated 20/4/1967 and numbered 854 Maritime Labor Law dated 22/5/2003 and numbered 4857
The wages, premiums, bonuses and wages of workers, seafarers and journalists employed within the scope of the Law
In the event that all kinds of remuneration payments are made to a specially opened bank account, this
Information and documents related to the accounts of the Ministry of Labor and Social Security, Ministry of Finance and
With the delivery to the Undersecretariat of Treasury and their affiliated and related institutions and organizations, dated 31/5/2006
and the 8th and 100th articles of the Social Insurance and General Health Insurance Law No. 5510
Information on the application of the articles of association and the income test in general health insurance.
and documents to the Social Security Institution and provincial or district social assistance and solidarity
Identification of the beneficiaries of the social assistance provided by the foundations and carrying out the income test procedures
to the Ministry of Family and Social Policies, General Directorate of Social Assistance.
It's not about revealing the secret. Procedures and principles regarding the submission of this information and documents.
The Ministry of Security, the Ministry of Finance, the Ministry to which the Undersecretariat of Treasury is affiliated and the Board.
determines. (one)
_____________
(1) With the 39th article of the Law No. 6327 dated 13/6/2012, the “Social Security
To the institution "and province or district social assistance and solidarity" to come after the phrase
Identification of the beneficiaries of the social assistance provided by the foundations and carrying out the income test procedures
The phrase “General Directorate of Social Assistance” was added to the Ministry of Family and Social Policies for the purpose of
processed into the text.

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(Amended fourth paragraph: 13/2/2011-6111/146 art.) Supervision and control of the Authority
subsidiaries, affiliates, jointly controlled partnerships
Authority authorized to audit in accordance with the laws of foreign countries regarding its activities or customers.
Meeting the demands of the equivalent authorities by the Institution, making a confidentiality agreement and only
banks and financial institutions, provided that they are limited to the stated purposes,
directly or among risk centers or at least five banks or financial institutions.
In addition to the exchange of all kinds of information and documents through the companies to be established by
represent ten percent or more of their capital through direct or indirect shareholding.
in valuation studies to be carried out by prospective buyers for the purpose of selling their shares, or
resident in the country or abroad who own ten percent or more of their capital
Preparation of consolidated financial statements of credit institutions and parent companies, including financial institutions
operations, risk management and internal audit practices, or assets, including loans.
or in valuation studies to be conducted for the purpose of selling securities based on them, or
valuation, rating or support services and independent audit activities and
information to be used in transactions for service procurement, provided that the necessary measures are taken.
and information that is a bank or customer secret during the meeting of document requests.
information is excluded from the obligation to keep secrets.
(Additional paragraph: 20/2/2020-7222/10 art.) The third and fourth
The scope, form, procedures and principles regarding the sharing and transfer to be made in accordance with the paragraphs
The Board is authorized to determine or impose restrictions on them.
Protection of reputation
Article 74 – By means of the Press Law No. 5187 or by means of radio, television,
video, internet, cable broadcast or electronic information communication tools and similar broadcasting means.
through one; that could discredit or damage a bank's reputation or wealth.
an issue cannot be deliberately caused or unfounded news can be spread in this way.
ethical principles
Article 75 - Banks and their members; this Law, related regulations, establishment
To ensure that activities are carried out in accordance with its objectives and policies, and to
to comply with ethical principles based on justice, honesty, honesty and social responsibility.
they are responsible.
Ethical principles are established by the associations of the organizations by obtaining the approval of the Board.
determines.
Customer rights
Article 76 - Banks are responsible for all kinds of
to establish a system that will answer their questions and to provide information about this service to their customers.
responsible for reporting. Banks provide a certified copy of loan agreements to their customers.
has to give. Upon request, all kinds of documents related to other transactions with the customer
A copy is given to customers.
(Amended second paragraph: 18/6/2020-7247/6 art.) In Article 4 of this Law,
Relationships between banks and customers related to their fields of activity, in writing or remotely.
the Board, whether at a distance or not, through the use of means of communication.
an information or electronic communication device that it determines can replace written form and
Methods that will be carried out over the internet and allow the authentication of the customer
It is regulated by the contracts to be established by the Board and the procedures and principles related to this are determined by the Board.
determines. Provisions of the Law on Consumer Protection dated 7/11/2013 and numbered 6502
without prejudice to the agreements to be concluded between banks and their individual customers.
The minimum issues that should be included in the content and the transactions to which the standard contracts will be applied, are determined by the Board.
It is determined by the organization associations by taking the appropriate opinion.

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Deposits on behalf of customers of banks who do not document their identities and tax numbers,
participation fund, loan and account opening under any name, contract arrangements,
It is forbidden to provide money order and foreign exchange services and other banking and financial services. It
The procedures and principles regarding the implementation of the paragraph are determined by the Ministry of Finance by taking the opinion of the Institution.
is arranged. Those who do not comply with the provisions of this paragraph and the regulations made by the Ministry of Finance
The application of the provision of Article 5 of the Law No. 4358 dated 2.4.1998
It is not subject to the prosecution procedure provisions of the law.
Manipulation and misleading transactions in financial markets
Article 76/A – (Annex: 20/2/2020-7222/11 art.)
By banks within the scope of this Law; Through the transactions listed in Article 4
to provide price formation including artificial supply, demand or exchange rate in financial markets.
making transactions and applications, using different means, including the internet, to be untrue or untrue.
dissemination of misleading information, untrue or misleading
or to carry out similar actions and practices to achieve these purposes,
considered as manipulation and misleading transactions in financial markets. within the scope of this article
Transactions and practices entered into are determined by the Board and published in the Official Gazette.
PART EIGHT
Development and Investment Banks and Financial Holding Company
Provisions regarding participation banks and development and investment banks
Article 77 — (Amended with its Title: 20/2/2020-7222/12 art.)
Development and investment banks, second paragraph of article 43 of this Law, 54, 55, 56,
Articles 57, 61, 63, 64, 106 to 129, subparagraph (a) of the first paragraph of Article 130, 131
It is subject to its other provisions, with the exception of Articles 142 to 142.
The Board also considers the application of corporate governance provisions and protective provisions.
the minimum amount determined for one, a group or all of the development and investment banks.
or to establish, calculate and limit a rate or limit different from the maximum standard rates and limits.
to differentiate reporting periods or to set rates and limits that are not generally defined.
is authorized to do so.
Interest-free methods by participation banks and development and investment banks
The Board is authorized to determine the procedures and principles regarding the activities that can be carried out.
To provide interest-free financing of participation banks and development and investment banks
Partnerships that they participate in for the purpose of participation are not considered within the scope of the second paragraph of Article 49.
Participation banks acquire financing through interest-free methods.
The total amount of the partnership shares is the percentage of the participation funds accepted by the participation banks.
shall not exceed fifty and shall not be taken into account in the calculation of the limits specified in the first paragraph of Article 56.
not taken. undertaken by participation banks due to financing with interest-free methods.
Transactions on real estate and commodities due to liabilities, Article 57
are not considered within the scope.
financial holding company
Article 78 — The Board decides to determine the scope of financial holding companies and to establish them.
to enforce; capital adequacy, internal systems, consolidated audit and audit
It is authorized to determine the procedures and principles regarding the coordination of Coverage determined by the board
a group that is not required to establish a financial holding company
The Board is authorized to determine the provisions.
Regarding financial holding companies, within the framework of the procedures and principles to be determined by the Board,
14, 15, 16, 18, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41,
The provisions of Articles 42, 43, 44, 47, 65, 66, 67, 68, 69, 70, 71, 72, 73, 78, 93, 95 and 96 and these
Penal provisions are applied.
With the standard rates and limitations to be determined for financial holding companies
calculations to be made are considered on a consolidated basis only.
PART NINE
Organization Associations
Banks Association of Turkey and Participation Banks Association of Turkey
Article 79 – Deposit banks, development and investment banks, having legal personality and
to the Banks Association of Turkey, which is a public institution professional organization; If participation banks
to the Participation Banks Association of Turkey of the same nature, one month from the date of obtaining an operating permit.
Must be a member in

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Duties and powers of the unions
Article 80 — Organization associations;
a) To ensure the development of the profession,
b) By determining the professional principles of the members, the dignity and honor required by the union and the profession.
to ensure that they work in accordance with the needs of the economy within the discipline,
c) The professional principles and standards to be followed by the members of the member banks are determined by the Institution.
determine by taking your opinion,
d) Decisions taken pursuant to the relevant legislation and measures requested by the Institution.
to follow the implementation
e) To take all necessary measures in order to prevent unfair competition among its members, and
apply,
f) The types, forms, qualities and quantities of the principles and conditions to be followed by the members in their announcements and advertisements.
To determine by taking the appropriate opinion of the Institution,
g) By cooperating with the Agency, cooperation between banks on joint projects
supply,
h) Based on the decision of the board of directors on matters concerning the common interests of its members.
to sue,
i) Regarding the form and content of the contracts stipulated in the provisions on customer rights
to determine the procedures and principles,
j) With the provisions of the Law No. 4077 on the Protection of the Consumer and other laws
between members and their individual customers, without prejudice to their recognized application rights.
to ensure that disputes are evaluated and resolved, and
Establishing an arbitral tribunal in accordance with the procedures and principles approved by the Board,
It is in charge and authoritative.
Organs and status
Article 81 – Elections of organs of associations of organizations are based on the principles stipulated in this Law.
carried out by secret ballot and under judicial supervision. General assembly to be elected
Determining the member banks and their representatives to participate in the elections at least fifteen days before the meeting
The list shall include the agenda, place, day, time of the meeting and if there is no majority.
Supreme Elections in three copies together with a letter stating the matters regarding the second meeting.
The chairman of the election board to be determined by the board is handed over to the judge. Judge required review
approves the list and other matters by making it; with a ballot box committee chairman and two ballot box committee members
appoints a substitute member for each of them. Voting is done according to the principles of secret ballot and open counting.
At the end of the election period, the election results are recorded in the minutes, and the chairman of the ballot box committee and
signed by its members. Elections within two days from the issuance of the report.
Any objection to be made is examined and finalized by the judge on the same day.
The organs, working principles and scope of the activities of the associations
It will be put into effect by the President upon the proposal of the Institution, taking the opinion of the
displayed in their status. Members, the status of the associations and the decisions and decisions to be taken by the associations.
must comply with the measures. Expenses of associations of organizations, votes determined in accordance with their status
distributed to the members. Members shall pay their share of expenses for the period specified in the statutes.
must be deposited in If the cost participation shares are not paid within the specified time
collected by the unions through enforcement. Decisions on the payment of cost participation shares
It is an official document written in Article 68 of the Execution and Bankruptcy Law No. 2004. (one)
––––––––––––––––––
(1) With the 166th article of the Decree Law No. 703 dated 2/7/2018, the “Council of Ministers” in this paragraph
by decision of the President” was replaced by “by the President”.

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General or special decisions and measures taken by the associations of organizations are timely and
from two thousand New Turkish Liras by the board of directors of the unions about the members who do not fully comply.
An administrative fine of up to twenty thousand New Turkish Liras is decided.
PART TEN
Provisions on Banking Regulation and Supervision Agency
FIRST PART
Banking Regulation and Supervision Agency
Establishment and independence
Article 82 – Banking with a public legal personality and administrative and financial autonomy
Regulatory and Supervision Agency was established. (Amended second sentence: 13/2/2011-6111/147 art.)
The head office of the institution is this city in Istanbul. Institution, Banking Regulation and Supervision Agency
and the Presidency.
The Authority is responsible for the regulation and supervision given to it by this Law and the legislation.
performs and uses its duties and authorities independently under its own responsibility. of the institution
decisions cannot be subject to expediency control. No organ, authority, authority or person
cannot give orders or instructions in order to influence their decisions.
The Authority, as specified in this Law and the Public Financial Management and Control Law No. 5018
the financial resources allocated to him within the framework of the procedures and principles,
to the extent necessary, freely within the procedures and principles determined in its own budget.
In order to effectively fulfill its duties and authorities, the institution is in sufficient numbers and
employs qualified personnel.
The property of the Institution is considered as State property and cannot be seized or pledged.
SECOND PART
Banking Regulation and Supervision Agency
Banking Regulation and Supervision Agency
Article 83 — The Banking Regulation and Supervision Board is the decision-making body of the Agency.
Board; It consists of seven members, one of whom is the chairman and one is the vice-president. Chairman of the Board
is the president.
President's leave, illness, domestic and foreign assignments and other duties in which he is not on duty.
In cases where he is dismissed, the vice president, in his absence, the Board.
A member to be appointed by the President shall act as the Chairman.
Appointment of members
Article 84 — Board members are required to meet the following conditions:
a) (1), (4), (5) of paragraph (A) of article 48 of the Civil Servants Law No. 657,
To carry the conditions specified in subparagraphs (6) and (7).
b) The conditions specified in subparagraphs (a), (b), (c) and (d) of the first paragraph of Article 8
transport.
c) Not to be one of those prohibited from working in article 26.
d) (Repealed: 2/7/2018-KHK-703/166 art.)

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(Amended second paragraph: 2/7/2018-KHK-703/166 art.) Chairman and members
He is appointed by the President. The President appoints one of the members as the vice president.
The Chairman and members of the Board, during the continuation of their duties, must pay full attention to their duties,
that they will act with honesty and impartiality, that they will not act against the provisions of the law, and
They take an oath before the First Presidency Board of the Court of Cassation that they will not for the oath
The application made by the Court of Cassation is considered as urgent work. Board members cannot take office unless they are sworn in.
they cannot start.
Term of office of the chairman and members
Article 85 — (Repealed first and second sentence: 2/7/2018-KHK-703/166 art.) (…)
In case of a vacancy in the Presidency and membership for any reason, the vacant place is specified in Article 84.
Appointments are made within one month within the specified principles. (Repealed sentence: 26/4/2012-6300/1 art.)
(…) (Additional statement: 26/4/2012-6300/1 art) Those appointed in this way are
completes its time.
The Chairman and members of the Board are terminated for any reason before their term of office expires.
cannot be given. However, if they are unable to work due to severe illness or disability,
it is determined that they have lost the necessary conditions or that their situation is contrary to Article 86, or
sentence of conviction for the crimes they have committed in relation to their duties
The chairman and members of the finalized Board are dismissed with the approval of the President before their term expires.
they are taken. Appointments are made in their place within one month at the latest. In addition, temporary incapacity for work
If it lasts more than three months, the membership of the members in this situation will be dropped and they will be replaced.
Appointments are made within a month. (1)(2)
No. (5) of paragraph (A) of article 48 of the Civil Servants Law No. 657
The Chairman of the Board, against whom a criminal case has been brought regarding the crimes stipulated in the subparagraph, and
Among the members, those who are deemed inconvenient to remain in office, are precautionary by the President.
can be dismissed. State about the dismissed Board Chairman and members
The relevant provisions of the Civil Servants Law apply. Memberships temporarily vacated in this way, 84
The member who has been suspended from duty as a precautionary measure among those who meet the conditions in Article 3
return and in any case not to exceed the membership period of the member in question.
Appointments can be made by the President. (3)
prohibitions
Article 86 - Chairman and members of the Board, scientific publications that do not hinder their main duties,
Except for lectures and conferences and copyrights, other than the execution of official duties in the Institution,
He cannot take on any official or private duties, and may not be a manager in associations, foundations, cooperatives and similar places.
cannot do business, engage in trade, engage in self-employment activities,
It cannot be a shareholder in partnerships related to the sector or field that it is authorized to supervise,
They cannot act as experts.
________________
(1) With Article 166 of Decree Law No. 703 dated 2/7/2018, the phrase “Prime Minister” in this paragraph
Changed to "President".
(2) With Article 1 of the Law No. 6462 dated 25/4/2013, the phrase "disability" in this paragraph
Changed to "disability".
(3) With the 166th article of the Decree Law No. 703 dated 2/7/2018, the "Council of Ministers" in this paragraph
phrase

''The President of the Republic'' in figure,

''Ministers

When established''

phrase

The form of ''Cu mhur-president ca'' has been changed.

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Before the Chairman and members of the Board take office, they or their spouses and custody
issued by the Treasury from securities owned by children under
Except for those related to borrowing, the Institution is responsible for regulating and supervising.
all kinds of capital market instruments of institutions by spouse, adopted child, blood up to third degree and second
to dispose of it by selling it to persons other than beech relatives, within thirty days.
has to. Act in accordance with this paragraph within thirty days from their appointment to the Board membership.
Members who do not are deemed to have withdrawn from membership. This situation is determined by the decision of the Board and
It is reported to the Minister.
The Chairman and members of the Board shall be appointed to the Board of Directors within two years following their departure from their duties.
work in the sector and private organizations in the field that he is responsible for inspecting and regulating
they can't. Those who do not comply with the provisions of this paragraph,
Penalties specified in Article 4 of the Law on Jobs they cannot do are given.
The Chairman and members of the Board and other personnel may provide confidential information and commercial information about the Institution.
their secrets to the authorities other than those authorized by law, even if they have left their duties.
They cannot explain or use it for their own benefit or for the benefit of others.
Chairman and members of the Board, Declaration of Property No. 3628, Bribery and
It is subject to the Anti-Corruption Law.
Working principles of the board
Article 87 – The Board convenes at least once a week when necessary.
The meeting is chaired by the Chairman of the Board, and in the absence of the second chairman. The agenda of the meeting, Chairman,
prepared by the vice president in his absence, and presented to the members of the Board at least one day before the meeting.
is reported. Before moving on to the agenda items, the President is informed about the activities of the Institution.
The board is informed. In order for a new item to be added to the agenda, a member's
It is necessary to make a proposal and to add the proposed item to the agenda must be accepted by the Board.
Failure to attend a total of three meetings in a calendar year without a valid excuse, or
who do not sign the Board resolutions in due time despite attending the meeting, or who do not give the reason for the dissenting vote.
Members of the Board who do not notify in writing within the prescribed period shall be deemed to have withdrawn from membership. In this situation, the Board
determined by the decision and notified to the relevant Minister.
The Board convenes with the presence of at least five members and the special quorum specified in this Law is determined.
Except in cases that require it, it takes decisions with the same votes of at least four members. Members abstain
cannot use. In cases where the decision quorum is not achieved at the meeting, the votes in the following meetings
In case of equality, the decision is taken by counting the vote of the side to which the Chairman is present. Board decision
determined by the minutes, and the minutes of the decision during the meeting or at the latest on the next business day,
signed by all members attending the meeting.
For any reason, the number of members is reduced to a number that makes it impossible for the Board to take a decision.
in order of seniority, provided that the meeting quorum is met, not exceeding one month,
The vice presidents of the institution deputize. Pursuant to the provision of this article, the Board membership
There will be no change in the financial and personal rights of the vice presidents of the Institution that carries out the execution.
Without prejudice to the periods specified in this Law, the decision of the Board shall be taken from the date of the meeting in which it was taken.
together with the reasons, if any, the reasons for the dissenting vote and their signatures, within fifteen days at the latest.
is perfected.

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The Chairman and members of the Board, including himself, his wife, adopted children and third degree blood and second degree relatives.
They cannot participate in the discussion and voting on matters related to their relatives, including degree. It
The situation is also specified in the decision text.
Board meetings are confidential. To take advantage of their opinions if needed.
experts may be invited to the Board meeting. However, Board resolutions are external to the meeting.
cannot be taken with attendees.
Within seven working days at the latest from the completion of the regulatory decisions of the Board
(…) (1) to the relevant Ministry and for publication . From the date these decisions were sent
It shall be published in the Official Gazette within seven days at the latest. Provisions stipulated in this Law
without reservation, supervisory decisions are appropriate, especially in the internet environment.
communicated to the public by means of The Board considers its publication in terms of national economy and public order.
may decide not to publish the supervisory decisions that are objectionable. (one)
The professional and ethical principles to be followed by the members of the Board and the personnel of the Institution and the Board
other matters related to working procedures and principles shall be determined by the regulation to be issued by the Board.
is arranged.
Duties and powers of the board
Article 88 – In addition to the duties specified in this Law and other legislation, the Board includes the following:
performs duties and exercises powers:
a) International policy related to the sector or field that it is responsible for regulating and supervising
and making secondary regulations and decisions in line with standards.
b) Strategic plan, performance criteria, goals and objectives of the institution, service quality
to determine the standards of the institution, to establish the human resources and labor policies,
To make suggestions about the units and their duties.
c) The budget proposal prepared in accordance with the strategic plan and objectives and targets of the institution.
discuss and decide.
d) To approve the reports showing the performance and financial situation of the institution.
e) To appoint vice presidents and department heads upon the proposal of the president.
f) To discuss and decide on the proposals regarding the purchase, sale and lease of immovable property.
g) To perform other duties assigned by law.
THIRD PART
Presidency Organization
President
Article 89 – The President, who is the highest manager of the Institution, is responsible for the general management and administration of the Institution.
responsible for its representation.
The duties and powers of the President are:
a) To determine the agenda, day and time of the Board meetings, to manage the meetings,
To take the necessary actions about the applications that are not included in the agenda and to deal with them.
Inform the board.
________________
(1) With the 166th article of the Decree Law No. 703 dated 2/7/2018, the "To the Prime Minister's Office" in this paragraph
The index has been abolished from force.

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b) To ensure that the Board decisions are published or communicated,
ensure its implementation and monitor its implementation.
c) To present the suggestions received from the service units to the Board by giving their final shape.
d) In accordance with the strategies, objectives and targets determined by the Board,
To prepare the budget and financial statements.
e) To ensure that the service units work efficiently and in harmony at the highest level.
To ensure the organization and coordination of the task that may arise between the service units of the Authority.
and resolve authorization issues.
f) To prepare annual activity reports, according to objectives, targets and performance criteria.
to have the activities evaluated and to present them to the Board.
g) Strategy, policies and relevant legislation in the field in which the Agency operates, as well as the Presidency's
and evaluating employee performance measures.
h) To carry out the relations of the Institution with other institutions and to represent the Institution.
i) To appoint Agency personnel other than those envisaged to be appointed by the Board.
j) To determine the duties and powers of the personnel authorized to sign on behalf of the President of the Institution.
k) To perform other duties related to the management and operation of the Institution.
The President may expressly limit some of his duties and powers that are not related to the Board.
It can be assigned to lower levels, provided that it is determined and in writing.
vice presidents
Article 90 - The Board to assist the President in his duties related to the presidency
Five vice presidents are appointed by resolution. One of the vice presidents, on-site audit and
Responsible for oversight units. The vice presidents stated in Article 84
must meet the conditions. (one)
Vice-presidents can serve on condition that they clearly define their limits in writing when necessary.
and may delegate some of its powers to lower levels.
Service units of the institution
Article 91 – The service units of the Institution are organized as departments.
consists of main service, advisory and auxiliary service units. However, the number of departments
cannot pass it. (Additional sentence: 24/5/2007-5667/6 art.) Number of the Related Minister with ten months
on the condition that twenty in total do not pass well, the presidency of the Kurulca department
lab was formed.

(2nd)

Service units, in accordance with the field of activity, duties and functions specified in this Law.
It is determined by the proposal of the Institution and the regulation put into effect by the President. (3)
Strategy Development Department is established as the main service unit. law, press and
Not to exceed fifteen in total, depending on the need, in areas such as public relations, management and finance.
Advisor to the President may be appointed. (4)
_________
(1) With the 40th article of the Law dated 20/6/2013 and numbered 6493, the phrase "three" in this paragraph is replaced with "five".
was changed to.
(2) of the Law No. 6493 dated 20/06/2013 by the article 40 in this paragraph ' half of that number "
The phrase was changed to “twenty in total”.
(3) With Article 166 of the Decree Law No. 703 dated 2/7/2018, the “Council of Ministers” in this paragraph
by decision of the President” was replaced by “by the President”.
(4) The phrase "five" in this paragraph is replaced by "fifteen" in accordance with Article 6 of the Law No. 5667 of 24/5/2007.
changed to text.

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To carry out human resources and training, administrative and financial affairs and similar activities.
Support Services Department is established. Under the chairmanship of this department, a special office of the Board
A maximum of eight directorates can be established to be used in services. (one)
The institution is to be in the provinces where the area it is responsible for regulating is dense and the number is three.
may open a representative office in the country by the decision of the President. (Additional sentence: 20/6/20136493/40 art.) Board, in case of request of members
The representative office may determine the work place of the relevant member as the new place of work.

(2nd)

Institution staff
Article 92 – The permanent duties and duties required by the duties assigned to the Institution by this Law
services, sworn bank auditors and assistants, banking experts and assistants, legal
Banking Regulation and Supervision with experts and assistants, IT experts and assistants
It is carried out by the professional staff and administrative staff, whose institution consists of experts and their assistants.
(Amended second sentence: 12/7/2013-6495/73 art.) All kinds of personnel of the Institution are subject to 84 of this Law
In addition to the qualifications in subparagraphs (a), (b) and (c) of the first paragraph of the third article,
It is obligatory to meet the other conditions determined by the regulation. (Additional sentences: 11/10/2011 - Decree-Law 662/71 art.; Amended third and fourth sentences: 12/7/2013-6495/73 art.) Banking in the Institution,
law, informatics and Banking Regulation and Supervision Agency expert assistants
Those who will be appointed as sworn assistant auditors of banks, universities and colleges must have at least four
providing annual training; law, political sciences, economics and administrative sciences, economics, business faculties
banking, banking and finance, physics, mathematics, statistics, statistics and
computer, computer engineering, electrical engineering, electronic engineering, electricalelectronics engineering, electronics and communication engineering, industrial engineering,
Mathematics engineering departments or their equivalence are determined by the Higher Education Council.
Graduated from approved faculties or colleges in the country or abroad or specified
have completed postgraduate education in the fields, be successful in the entrance exam to be held, and
They must meet the other conditions specified in the regulation. The said faculties and departments, staff
The Board is authorized to separately determine their titles and/or areas of expertise. (Additional sentence:
25/4/2012 – 6300/2 art.) Professional personnel whose titles are listed above, have actually been in the last two years.
in an on-site audit or oversight process or at a bank in which they operate.
He cannot accept a position after a minimum of two years. (3)
––––––––––––––––––––––––
(1) With the 40th article of the Law dated 20/6/2013 and numbered 6493, the phrase "four" in this paragraph is replaced with "eight".
was changed to .
(2) With Article 166 of the Decree Law No. 703 dated 2/7/2018, the “Council of Ministers” in this paragraph
The wording was changed to "President".
(3) With the 40th article of 20/6/2013 dated and 6493 numbered Law, the first sentence of this paragraph
The phrase "informatics with legal experts and assistants" is replaced by "legal experts and assistants, IT specialists and
assistants and Banking Regulation and Supervision Agency”, in the third sentence
The phrase "law and informatics" is replaced by "law, informatics and Banking Regulation and Supervision Agency"
has been changed.

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Vice-presidents, heads of departments, managers, presidential advisers and professional
personnel are employed in a contracted status against staff. Contract employee for staff
The personnel of the institution are entitled to all kinds of rights and benefits apart from wages, financial and social rights.
It is subject to the Civil Servants Law No. 657 in terms of its obligations.
(Amended third paragraph: 11/10/2011 - Decree Law - 662/71 art.)
Not to exceed the total number of cadres in the table (I) and the current cadre titles or the number 190
Staff in the tables annexed to the Decree-Law on General Staff and Procedure
The procedure and procedures regarding changes in staff, class, title and degree, limited to their titles.
principles are determined by the Board.
Professional personnel in jobs that require expertise in the main service units of the institution
operation is essential. (Annulled second sentence: Constitutional Court dated 22/3/2007 and E.:
2005/139, K.: With the Decision No. 2007/33.) Managers, consultants and professional personnel in the institution
The ratio of the personnel who do not have the titles of the total staff in the tables annexed to this Law
shall not exceed thirty percent of the number.
(Annulled fifth paragraph: Constitutional Court dated 22/3/2007 and E.: 2005/139, K.:
by Decision 2007/33.)
(Amended sixth paragraph: 1 1 / 1 0 / 2 0 1 1 - Decree Law - 662/ 71st Art.) Institution personnel,
Temporarily in other public institutions and organizations with the decision of the Board and the consent of the relevant person.
can be assigned.
Banking, law, informatics and Banking Regulation and Supervision
Those who will be appointed as assistant expert and bank sworn assistant auditor
selected from among those determined by the competitive examination. Expert assistance (Banking
Regulatory and Supervision Agency (except for assistance) and banks
Those appointed as sworn assistant auditors are subjected to an authorization exam at the end of the second year. Authority
The procedures and principles regarding the exam and the authorization of those who pass this exam are determined by the Board.
determines. Those appointed as assistant experts and sworn assistant auditors of banks, three years
Public Personnel Foreign Language Proficiency Level Determination provided that they work and have a positive record
Having an international validity accepted at least (C) level from the exam or equivalent
get a foreign language score, be successful in the proficiency exam and prepare
if the specialization thesis is accepted by the jury to be formed, banking according to its relevance,
with a specialist from the Law, IT and Banking Regulation and Supervision Agency
Banks are appointed as sworn auditors and a one-time degree is given to them.
upgrade is applied. Does not prepare a thesis or take an exam without an excuse, or
Those who fail the exam twice are not eligible for their educational status in other public institutions and organizations.
It is reported to the State Personnel Presidency to be appointed to the appropriate positions. (one)
Proficiency and competition exams of the professional and administrative personnel of the institution, (…) (2) working procedure
and other matters related to its principles shall be determined by a regulation to be issued by the Authority. (2nd)
---------------------------------------------------------------- ---------(1) With the 40th article of the Law dated 20/6/2013 and numbered 6493, the first sentence of this paragraph
“law and informatics” phrase is “law, informatics and Banking Regulation and Supervision Agency”, second
The phrase “Assistant Specialist” in the sentence is replaced by “Assistant Specialist (Banking Regulation and
In the fourth sentence of the "Law and informatics"
The phrase was changed to "Law, IT and Banking Regulation and Supervision Agency".
(2) With the Decision of the Constitutional Court dated 22/3/2007 and numbered E.: 2005/139, K.: 2007/33; Article 92
In the last paragraph, the phrase ''... with attributes . . .'' has been cancelled.

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(Annex: 20/6/2013-6493/40 art.) In the Institution, the Law No. 375 dated 27/6/1989
IT personnel within the framework of the procedures and principles specified in the additional article 6 of the Decree.
executable. However, the conditions in subparagraphs (a) and (b) of the third paragraph of the said article
It is not searched for the institution.
(Annex: 20/6/2013-6493/40 art.) Litigation and enforcement proceedings to which the institution is a party .
contracted with a power of attorney in accordance with general provisions, not exceeding ten
lawyer can be employed.
(Annex: 20/6/2013-6493/40 art.) For jobs that require special expertise and are of temporary nature,
Public Procurement Law No. 4734, provided that payments and contract terms are determined by the Board.
The service can be purchased without being subject to its terms.
CHAPTER FOUR
Duty, Authority and Responsibility
Duties and powers of the institution
Article 93 – The Authority, within the framework of the powers granted by this Law and other relevant legislation
ensuring confidence and stability in financial markets, effective functioning of the credit system,
for the development of the financial sector and the protection of the rights and interests of the savers;
a) Banks and financial holding companies and other laws and regulations
without prejudice to the provisions of other institutions subject to the supervision and control of the Agency; establishment
and its activities, management and organizational structure, mergers, divisions, share exchanges and liquidations.
to regulate, implement, ensure its implementation, monitor and supervise the implementation, (2)
b) International financial, economic and professional institutions in which domestic and foreign equivalent institutions participate.
to be a member of the organizations, to cooperate with the competent authorities of foreign countries in matters falling within its scope of duty.
sign a memorandum of understanding,
c) To perform other duties assigned by law,
It is in charge and authoritative.
The institution protects the rights of the depositors and the banks in a regular and safe manner.
All kinds of transactions and activities that may endanger the operation and cause significant damage to the economy.
necessary decision to prevent the applications and to ensure the effective functioning of the credit system.
and is obliged and authorized to take and implement the measures.
Institution; in all its activities, without prejudice to the powers given in the founding law.
complies with the principles, strategies and policies included in the development plan and programs. (one)
(Amended first sentence: 8/3/ 2006-5472/ Art. 1) The Institution, this Law and other relevant
the authorities granted to him in accordance with the provisions of the legislation, the regulatory authority to be established by the Board.
uses it with transactions or special decisions to be taken. The Institution is subject to this Law by the decision of the Board.
is authorized to issue regulations and communiqués regarding its implementation.
Before the agency enacts its regulatory acts other than its internal
In terms of establishing its relationship with sector strategy and policies, the relevant Ministry's development
State Planning Organization in terms of establishing the plan and its relationship with the annual program.
It takes the opinion of the Undersecretariat and other relevant institutions and organizations. Associated Ministry and State
If the Undersecretariat of the Planning Organization does not respond within seven days at the latest, a positive opinion has been given.
counted.
––––––––––––––––––––––––
(1) With the 166th article of the Decree Law No. 703 dated 2/7/2018, the “, programs and the government” in this paragraph
In the program, the words "and in the programs" have been changed.
(2) With Article 20 of the Law No. 7292 dated 4/3/2021, “financial leasing,
factoring and financing companies” is used as “other organizations subject to the supervision and control of the institution”.
was changed to.

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The secondary regulation drafts to be prepared by the Institution shall be submitted to the Institution for at least seven days.
It is made available to the public through appropriate means, especially the internet page.
Decisions of a special nature that are deemed necessary are directly submitted to the relevant persons and organizations and to the appropriate
If seen, it is announced in the weekly bulletin of the Institution.
Public institutions and organizations are determined by Law and Presidential Decrees.
It is responsible for providing the necessary assistance to the Institution in its fields of duty. (one)
(Additional paragraph: 12/7/2013-6495/34 art.) The Institution, banking services and transactions
within the scope of the Bank Cards and Credit Cards Law dated 23/2/2006 and numbered 5464.
debit and credit cards, dated 29/4/1959 and numbered 7258, Football and Other Sports
Article 5 of the Law on Arranging Betting and Games of Chance in Competitions
is obliged and authorized to prevent its use in committing written crimes.
Developing the industry
Article 94 — In order to develop the financial services sector, the Institution;
a) By reducing transaction and intermediation costs, banks are profitable, efficient and rational.
Ensuring a competitive environment between the parties of the work and financial markets,
b) Gaining competitiveness to the financial system,
realization of integration with regulations and practices and more efficient market
Establishing an effective and transparent financial system by ensuring the functioning of
c) The situation of international banks in terms of supervision and fields of activity should be closely monitored.
monitoring, benefiting from experience,
d) Increasing the dialogue and cooperation of units, institutions, professionals and international
ensuring integration among professionals in financial markets,
e) Preparation of regulations regarding financial markets in consultation with the relevant parties,
It is authorized to determine the strategy in its matters.
On-site inspection and surveillance
Article 95 – Other provisions regarding the provisions of this Law and the organizations within the scope of this Law.
Supervision of the implementation of the provisions in the laws and all kinds of transactions of these institutions
and on-site audit of the organizations within the scope of this Law, consolidated and unconsolidated
based on risk structure, internal control, risk management and internal audit systems and assets, receivables,
the relationship between equity, liabilities, profit and loss accounts, liabilities and commitments, and
balances and all other factors affecting the financial structure and corporate governance of these institutions.
Supervision, analysis and measurement of the level of compliance with the principles are made by the Authority.
The structure of the annual financial reports prepared by the institution, independent audit firms,
It also performs the assessment of its suitability and reliability.
By institutions subject to this Law, within the framework of the procedures and principles determined by the Board.
All kinds of information, documents, tables, reports and financial statements requested on a consolidated and non-consolidated basis.
timely and correctly, in accordance with the accounts and recording schemes,
must be done.
The report prepared by those who have the authority to conduct audits in the said organizations
and a copy of the opinions must be sent to the Institution by the said institutions.
The Institution is reviewed by the President with the work programs approved by the President.
carried out within the framework of the assignments to be made by
––––––––––––––––––––––––
(1) With Article 166 of the Decree Law No. 703 dated 2/7/2018, the phrase “by law” in this paragraph is replaced with “
By Law and Presidential Decrees”.

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In the on-site inspection to be made, the President, the banks constituting the professional personnel of the Agency,
sworn auditors and their assistants, banking specialists and assistants, IT specialists and
assistants, legal experts and an audit team that he/she deems appropriate among his/her assistants.
appoints. Professional personnel of the institution authorized to carry out on-site inspections are in Istanbul.
They cannot carry out on-site inspections unless they take an oath in the Commercial Court (1) . on-site inspection
The professional personnel of the institution have all the powers specified in this article in relation to the audit subjects.
has.
Chairman, when he deems it necessary and on special issues, may consult independent audit firms.
has the authority to appoint the relevant subject to be investigated. Independent audit
Provided that the auditor of the company performing the audit is related to the audit subjects, the relevant
as well as the obligations of keeping secrets within the scope of this Law.
is subject to.
The institution, from banks and their subsidiaries, in which they have qualified shares.
partnerships, jointly controlled partnerships, branches and representative offices, support
service organizations and other real and legal persons regarding the provisions of this Law.
requesting all information they see, even confidential, including their tax records.
are authorized to examine all books, records and documents, and those who request information can also provide the requested information.
by providing the entire information processing system, making the books, records and documents ready for inspection.
To open it to the professional personnel of the Institution who carry out on-site audits in accordance with the audit purposes,
all kinds of books, documents and documents that they have to protect and ensure the security of the data.
microfiche, microfilm, magnetic tape,
floppy disk and similar media and access to these records or make the records readable.
to submit and operate all necessary systems and passwords for examination.
liable.
Public institutions and organizations, Central Bank and similar institutions and Risk Center
All kinds of information and documents that may be requested in relation to their duties, even if they are confidential, at the Institution's place.
They are given to the professional personnel conducting the audit without delay. The Board agrees with the relevant parties on this matter.
may draw up a memorandum of understanding specifying the details.
If requested during the audits carried out by the Agency, banks
Assigning employees in internal control, risk management and internal audit systems by
All kinds of support are provided, including
Duties of the professional personnel of the Institution within the scope of this Law pursuant to other laws
President, provided that the duties listed in this article are prioritized.
done by.

______________________
(1) Article 148 of the Law No. 6111 dated 13/2/2011 and the “First Court of First Instance in Ankara” in this paragraph
At the Commercial Court”, the phrase was changed to “In the Commercial Court of First Instance in Istanbul” and was added to the text.
processed.

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Institution; in the provisions of this Law regarding the duties, powers and responsibilities of the Institution.
The Law on the Protection of the Value of Turkish Currency No. 1567 and dated 20.2.1930
Appendix 1 of the aforementioned Law, about organizations and their related persons who violate the provisions of
as well as the provisions of the founding law of all banks and other
It is also authorized to supervise the implementation of the provisions of the law regarding banks.
Persons who carry out on-site audits in banks, except for the regulations specified in this Law.
If they detect violations of other laws, immediately report these findings to the relevant authorities.
they have to.
The procedures and principles regarding supervision and surveillance are determined by a regulation to be drawn up by the Board.
Requesting information and documents
ARTICLE 96 – As specified in subparagraph (a) of the first paragraph of Article 93 of this Law
organizations and their partners, their subsidiaries, partnerships in which they have qualified shares,
partnerships, branches and representatives it controls, independent audit, valuation and support
Even if the service institutions are confidential, all kinds of information and information regarding the implementation of this Law.
is obliged to deliver the document to the Institution upon the request of the Institution.
Public institutions and organizations, natural and legal persons, State security and fundamental foreign
professional secrecy, secrecy of family life and
without prejudice to the provisions regarding the right of defense, the prohibitive and
by the Authority within the scope of this Law, even if it is confidential, without considering the restrictive provisions.
All kinds of information and documents to be requested, limited to the tasks given, in the appropriate time and environment,
to give continuously or individually, to submit and examine the books and documents to be requested.
to the relevant personnel in accordance with the audit purposes of the entire information processing system.
all kinds of notebooks that they have to open, ensure the security of data and preserve,
microfiche, microfilm, magnetic
tapes, floppy disks and similar media and access to these records or the records can be read
submitting and operating all necessary systems and passwords to examine
they have to.
Within the scope of this article, the relevant persons, institutions and organizations The period to be determined by the Institution
They are obliged to respond to the request in question and to show the necessary convenience.
Transparency and accountability (1)
Article 97 – The annual report on the activities of the Institution, the period to which the report belongs.
It is submitted to the Presidency until the end of May of the following year and together with the final accounts
disclosed to the public. The Institution, in relation to its activities, is held once a year by the Turkish Grand National Assembly.
Informs the Planning and Budget Committee. (one)
The institution, regarding its strategies and the fulfillment of these strategies,
It informs the Presidency every six months. (one)

––––––––––––––––––––––––
(1) With the 166th article of the Decree Law No. 703 dated 2/7/2018, the first and second paragraphs of this article
The words "To the Council of Ministers" were changed to "To the Presidency".

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The Institution is responsible for the important developments in the relevant sector and the article 93 of this Law.
Regarding the performance of the organizations specified in subparagraph (a) of the first paragraph
publishes quarterly reports on an aggregated basis. The institution makes its risk management policies public.
explains.
The regulations made by the Board are constantly updated, including the changes.
updated and published on the Institution's website.
The format and content, procedures and principles of the periodic reports to be prepared by the Institution are determined by the Board.
determines.
Interinstitutional cooperation
Article 98 - In matters related to the execution of monetary, credit and banking policies
Institution, Undersecretariat of Treasury, Undersecretariat of State Planning Organization, Savings Deposit Insurance
The Fund and the Central Bank mutually exchange opinions and information.
Institution, Fund and Central Bank in order to fulfill the duties specified in this Law.
the information contained in the databases and agreed upon together, within the framework of confidentiality provisions.
they share.
According to the laws of foreign countries, the authorities authorized to audit and equivalent of the Institution,
branches or branches in Turkey of organizations operating in the financial markets of their countries.
partnerships and information requests, branches or branches of banks abroad.
reciprocity of the requests of the companies regarding the information included in the scope of consolidation,
Its implementation is subject to the permission of the Board, taking into account the principle of
The institution also takes necessary steps to harmonize policies and regulations.
Opportunity to conduct audits in foreign countries and to exchange personnel with training
within the framework of bilateral memorandums of understanding to be drawn up with the Institution's equivalent authorities in order to ensure
or any kind of cooperation and information about financial institutions and financial markets by other means.
authorized to trade. The Institution is informed about the procedures and principles of these memorandums of understanding.
informs the public.
The Institution revokes the operating license of a bank that has a branch or partnership abroad.
or to the Fund, immediately notifies the equivalent authority of the relevant country.
On auditing, information sharing and other issues with domestic and foreign authorities
The procedures and principles regarding the cooperation to be made are determined by the Board by taking the opinions of the relevant parties.
determines.
Financial Sector Commission
Article 99 — (Abolished: 20/5/2021-7319/11 art.)

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Coordination Committee
Article 100 - General situation of the banking system, audits of credit institutions
measures to be taken as a result of the loan to be used in the calculation of risk-based insurance premiums.
The results of the analysis showing the financial structures of the institutions, as well as the deposits and deposits of these banks.
participation funds account numbers, insured deposits and participation funds, and total deposits and participation
sharing the necessary information about the fund amounts,
maximum cooperation between the Institution and the Fund in cases where it is necessary to establish a transaction
The President and the Vice-Presidents of the Institution, the Fund President and the Fund President
A coordination committee consisting of assistants is established.
The Committee meets as often as the parties deem appropriate, at least once every three months.
The information and documents requested by the parties from the other party will be agreed within a period of time.
given is essential.
In the implementation of the provisions of this Law, information and information on matters concerning both institutions
The procedures and principles to be followed in the sharing of data are determined jointly by the Institution and the Fund.
CHAPTER FIVE
Miscellaneous Provisions
Audit of the institution's budget, accounts and expenditures
Article 101 – It is essential that the revenues of the Institution meet its expenses. Institutional budget 5018
According to the procedures and principles determined in the provisions of the Public Financial Management and Control Law No.
prepared and accepted.
Income surpluses of the institution at the end of the financial year, in March of the following year,
transferred to the budget as income. However, considering the budget situation of the Institution,
can also transfer.
(Amendment: 20/6/2013-6493/41 art.) The budget year of the Institution is the calendar year. Institution's expenses,
savings with banks, leasing companies, factoring companies, financing companies
to the Institution under the name of participation share by financing companies before the budget comes into effect.
covered by the payments to be made. The amount to be collected as a contribution to expenses,
It cannot exceed three ten thousandths of the previous year-end balance sheet totals of the institutions. set time
Participation shares not paid in due time are collected in accordance with the provisions of Law No. 6183. (1)(2)
(Amended: 24/5/2007-5667/6 art.) The internal audit of the institution shall be determined by the procedure and procedures to be determined by the Board .
carried out on the basis of principles. Public Finance No. 5018 on the external audit of the institution
The provisions of the Management and Control Law apply.
The Board may have the annual accounts of the Institution audited by an independent audit firm and this
In this case, the independent audit report is compiled and published in the annual report.
––––––––––––––––––––––––
(1) Pursuant to Article 1 of the Law No. 7192 of 12/11/2019, the “financial companies,
by payment institutions and electronic money institutions” is replaced by “by financing companies”
has been changed.
(2) With Article 20 of the Law No. 7292 dated 4/3/2021, the phrase “financing with” in this paragraph is “,
savings with financing companies”.

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Regarding the activities of the institution, until the end of March of each year,
decisions, secondary regulations and their economic and social effects.
Prepares annual report. Annual report, as well as the Institution's performance targets and implementation
It also includes comparing and evaluating results.
The annual report, financial statements and budget final account of the Institution Grand National Assembly of Turkey
presented to the Assembly. A copy of the final account is also sent to the Ministry of Finance.
The institution informs the public about its activities through the internet and official bulletins.
informs as much as possible.
Wages, financial and other social benefits
Article 102 - All kinds of civil servants determined for the highest civil servant are given to the Chairman of the Board.
A monthly fee is paid in the amount of financial and social rights, including payments. To the highest civil servant
those who are not subject to tax and other legal deductions from the paid ones are also subject to tax and other deductions according to this Law.
not subject to cuts. Ninety-five percent of the payments made to the Board members to the Chairman of the Board
The payment is made according to the same procedures and principles. (one)
Wages and other financial and social rights of the contracted personnel of the institution
It is determined by the Board not to exceed the wage ceiling determined in the first paragraph.
Overtime wages and wages for the personnel of the Institution within the framework of the principles to be determined by the Board.
performance-based rewards. In any case, the amount of payment to be made to the personnel of the Authority is the first
It cannot exceed the wage ceiling specified in the paragraph.
Turkey No. 5434 on those appointed to the Chairman and membership of the Board and the personnel of the Authority.
The provisions of the Republic of Turkey Pension Fund Law and its annexes and amendments shall apply.
President of the Presidency Strategy and Budget to the Chairman of the Board in terms of retirement and other respects,
General director of the ministry to the members of the Board, general director of the ministry to the vice presidents of the Institution, 1
Deputy general director of the ministry to the second degree heads of departments, advisors to the presidency
monthly degrees of vested rights for ministry consultants, sworn bank auditors and their assistants
corresponding ministry inspector and deputy, banking, law and informatics
Justice expert corresponding to the experts in terms of vested rights monthly degrees,
Additional indicator and authority compensation determined for assistant justice experts
is applied. The periods spent in these duties require the payment of office and representation compensation.
past the missions. These provisions are the necessary conditions for acquiring academic titles.
with the Chairman and members of the Board coming from university teaching staff, without prejudice to
It also applies to personnel. (2nd)
––––––––––––––––––––––––
(1) With Article 166 of the Decree Law No. 703 dated 2/7/2018, the “Undersecretary of the Prime Ministry” in this paragraph
the phrase "Highest Civil Servant" and "To the Undersecretary of the Prime Ministry" the phrase "Highest State
changed to “Officer”.
(2) With Article 166 of the Decree Law No. 703 dated 2/7/2018, the “undersecretary of the ministry” in this paragraph
the phrase "Presidential Strategy and Budget Head", the phrase "deputy undersecretary of the ministry"
“Ministry general manager”, “Prime Ministry expert” as “Justice expert”, “Prime Ministry expert”
The phrase "assistant experts for justice" has been changed to "assistant justice experts".

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Those who are appointed as the chairman and members of the Board, deserve their retirement and receive a pension upon their request.
Membership of the members of the Board whose procedures are completed shall continue until the end of their term of office. Assignment
the requests of those who are affiliated to other social security institutions established by law before the
In such cases, their loyalty to these institutions will continue and the above provisions regarding them will continue.
not applicable.
Retired from social security institutions other than the Republic of Turkey Pension Fund
Members of the Board, who are the members of the Board, following the date of their written application to the Turkish Republic Pension Fund
Associated with the Chest from the beginning of the month. of these members from other social security institutions.
their pensions are cut off and they pay premiums to various social security institutions on their departure.
8 of the Law No. 2829 dated 24.5.1983 by combining the elapsed periods.
monthly in accordance with the article.
Status of other personnel in terms of retirement Republic of Turkey No. 5434 Retired
By analogy, taking into account the provisions of the Law on the Fund and its annexes and amendments.
determines.
The chairman and members of the Board are given a stamp in the amount of their wages determined in accordance with the first paragraph.
Compensation is given every month without any deductions except tax.
Resignation of board members
Article 103 – As long as those appointed as Chairman and members of the Board serve in the Board
their relationship with their previous duties is severed. However, those who were appointed to membership while they were public officials,
the expiration of their term of office, provided that they do not lose the conditions for entry into civil service, or
request to resign and apply to their old institutions within thirty days.
in a position suitable for their acquis within one month by the authority authorized to appoint.
is assigned. All kinds of payments they receive until the appointment is made by the Institution.
continues by. Chairman of the Board and those who do not work in a public institution
Any duty or employment to those who are elected to the membership and whose duty is terminated as stated above.
All kinds of payments they receive continue to be given by the Institution until
is done. Payment to be made by the Institution to those whose membership has expired due to the reasons stated in this article.

cannot exceed two years. (one)
The period of time spent by the chairman and members of the Board in their duties, the law to which they are subject.
are evaluated for their services in accordance with its provisions. This provision is for the acquisition of academic titles.
without prejudice to the necessary conditions, the Chairman of the Board from the university academic staff and
It also applies to its members.
Criminal and legal liability of Board members and Agency personnel
Article 104 — In connection with the duties of the Chairman and members of the Board and the Institution personnel
Investigations into crimes allegedly committed by the President and members of the Board
It is done according to the general provisions, provided that the Minister gives permission and for the Institution personnel, the President gives permission.
Regarding the crimes alleged to have been committed by the members of the Board and the personnel of the Authority
In investigations, the authority to grant permission to investigate the Agency personnel belongs to the relevant Minister.
–––––––––––––––––––––––
(1) A year included in the last sentence of this paragraph with Article 3 of the Law No. 6300 dated 25/4/2012”
The phrase was changed to “two years” and was included in the text.

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Regarding the Chairman and members of the Board and the personnel of the Authority in connection with their duties
in order to authorize an investigation for the crimes they are alleged to have committed,
or third parties, or with the intention of harming the Institution or third parties
acted and provided benefits to themselves or third parties as a result of these transactions.
There must be clear and sufficient indications about it. In the event that an investigation permit is granted, this situation
notified to the concerned. Against the decisions to allow or not to allow the investigation,
Within fifteen days from the date of notification, an appeal can be made before the Council of State. Permission
Even if it has been given, until the objection period expires or as a result of the objection made to the Council of State, the judgment is rendered.
An investigation cannot be initiated until
Even if the Chairman and members of the Board and the personnel of the Authority have resigned,
investigations initiated for crimes allegedly committed in connection with their duties, and
prosecutions, upon the request of the relevant member or staff, by making a power of attorney with them.
followed by a designated attorney. Litigation expenses and
Fifteen percent of the attorney's fee determined in the minimum fee schedule announced by the Union of Turkish Bar Associations.
Attorney's fee, not exceeding the multiple of the same, is covered from the Institution's budget.
against the Chairman and members of the Board and the personnel of the Agency,
Due to the decisions, actions and transactions regarding the duties written in the law, the performance of their duties
all kinds of compensations and compensations that have been opened or will be opened during their dismissal and after their dismissal.
The action for receivable shall be deemed to have been filed against the Institution. In these cases, the hostility is directed to the Institution.
The provision of the third paragraph of this article on attorney's fees and litigation expenses
same applies to. As a result of the trial, the decision against the Institution and the decision
In the event that the Institution makes a payment due to its finalization, the Institution may request this amount from the relevant parties.
it does. In order for the Institution to request the payments made from the relevant persons,
judgment of the court must be final.
Judicial remedy against board decisions
Article 105 - (Amended first paragraph: 2/7/2012-6352/69 art.) Administrative sanction decisions
may be brought before the competent administrative court. All kinds of lawsuits filed against Board decisions
is considered a priority.
The related Ministry may file an action for annulment against the regulatory decisions of the Board.
(Cancellation third paragraph: Main.Sh. dated 22/2/2006 and numbered E:2006/20, K:2006/25
by his decision.)
PART ELEVEN
Provisions Regarding the Banks whose Operating Permits were Removed and Transferred to the Fund
Removal of operating license
Article 106 – Annulment of a bank's operating license in accordance with the provisions of this Law
In such cases, management and control are transferred to the Fund.
From the date of publication of the Board decision regarding the annulment of the permit in the Official Gazette.
As of this date, all kinds of enforcement and bankruptcy proceedings including interim injunction against the bank will be stopped and new enforcement and
bankruptcy proceedings are not possible. All lawsuits filed against the Bank by third parties other than the Fund,
enforcement and bankruptcy proceedings are immediately notified to the Fund by the court, enforcement and bankruptcy office.

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The fund, the insured deposits and the insured deposits in the bank whose management and control has been transferred to it.
by paying the participation fund directly or through another bank to be announced,
Instead of participation fund owners, they want the bank to go bankrupt directly. This duty and authority
belongs exclusively to the Fund. In the bankruptcy claim to be made in this way, the Execution and Bankruptcy Law No.
The second paragraph of Article 178 and the provisions of Article 179 regarding the postponement of bankruptcy
not applicable.
Regarding the bankruptcy request of the Fund, the serial of the Code of Civil Procedure No. 1086
Proceedings shall be applied and a decision shall be made on the bankruptcy request within six months at the latest
is given.
In the event of a bankruptcy decision regarding the bank whose management and control has been transferred to the Fund,
the third rank listed in Article 206 of the Execution and Bankruptcy Law No. 2004 to the bankruptcy desk.
before all privileged creditors, but only after the State and social security institutions No. 6183
It participates in the capacity of privileged creditor to come after its receivables within the scope of the law.
166 of the Execution and Bankruptcy Law No. 2004, limited to the implementation of this Law.
th, 218th, 219th, 223rd, 234th, 236th, 249th, 251st and 254th
bankruptcy office, meeting of creditors and bankruptcy
liquidates the bank by having the duties and powers of the administration. (one)
The debts of the bankrupt bank to the Fund, according to the cash situation of the table, 2004
Finalization of the sequence table shown in Article 232 of the Execution and Bankruptcy Law No.
is paid without delay. 232 of the Execution and Bankruptcy Law in the arrangement of the creditors' row list.
Upon the request of the bankruptcy administration, in the event that the three-month period stipulated in the article is insufficient,
Additional periods of three months may be granted by the Fund Board.
In cases where a bankruptcy decision is not made, the bank's voluntary liquidation, the bank's general assembly decision
on the dissolution and liquidation of joint stock companies without seeking
by appointment of the members of the liquidation board by the Fund, without being subject to the provisions of the
is performed.
Foreign bank whose operating license has been revoked in accordance with the provisions of Article 12 of this Law
The provisions of this article are also applied to the branches. The current and receivables of these branches
The principles regarding the transfer abroad are determined by the Fund.
Fund, bankruptcy and/or liquidation administration with the money in the assets of the bankruptcy and/or liquidation desk.
Execution and Bankruptcy No. 2004 on keeping and remunerating the money collected in its capacity
It is not subject to the 9th and other related articles of the Law. Article 36 of the Fees Law No. 492
The provision of the first paragraph of the article does not apply to these coins.
Execution and Bankruptcy Law No. 2004 on the sale of movables and real estates belonging to the bankrupt, 2886
Provisions of the State Procurement Law No. 4734 and the Public Procurement Law No. 4734 are not applicable.
The procedures and principles regarding the implementation of the provisions of this article, the opinion of the Board
shall be regulated by the Fund by regulation.
______________________
(1) With the 1st article of the Law No. 5472 dated 8/3/2006, the "all privileged
before the creditors "to come after the phrase", but only to the State and social security institutions.
After the receivables within the scope of the Law No. 6183, the phrase" has been added and is included in the text.

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Provisions regarding banks transferred to the Fund
Article 107 – The fund shall pay dividends of its partners in accordance with the provisions of Article 71 of this Law.
Except for the partnership rights and the authorities related to the banks whose management and control have been transferred to him,
in line with the principles of ensuring cost effectiveness and maintaining the security and stability of the financial system.
uses.
In accordance with the provisions of Article 71 of this Law, the Fund is the partnership of its partners, excluding dividends.
The activities of the bank, whose rights, management and control have been transferred to it, are determined by the Fund Board.
to be temporarily suspended for a period to be determined and/or to be arranged as of the date of transfer.
based on the balance sheet;
a) Transfer date with its assets, organization and personnel who do not have any request to the contrary.
In terms of deposit banks, it is applied by the five banks with the highest deposit totals.
the average of interest rates, the three highest participation fund totals in terms of participation banks.
with the interest and yields accrued not to exceed the average of the rate of return applied by the bank.
together with the insured savings deposits and participation funds and the provision in the liabilities.
to transfer its items to a bank to be established or to those willing from existing banks and
and the cancellation of the operating license of the bank whose liabilities have been partially or wholly transferred from the Board.
not wanting,
b) Deposit and participation fund under insurance, provided that it owns its shares
to provide financial assistance and to represent the shares transferred to him, provided that it does not exceed the amount of
to take over the losses corresponding to the capital,
c) In case of not being able to own all of its shares as a result of the losses to be taken over,
based on the capital to be calculated by deducting the loss from the paid-in capital amount.
Payment of the share price to be found to the bank shareholders within the period to be determined by the Fund Board
to take over their shares in return,
d) To request the Board to remove the operating license,
He is authorized.
Shares representing the compensation for the payments to be made with respect to the acquired losses,
It is transferred to the Fund free of all kinds of rights and encumbrances on it.
of the bank to which the provisions of subparagraph (a) of the second paragraph of this article are applied.
If the total of the transferred assets does not meet the total of the transferred liabilities, the in-between
by the Fund, provided that the difference does not exceed the amount of the deposit and participation fund covered by the insurance.
is paid. In this case, the provisions of subparagraph (a) of the second paragraph of this article are applied.
In case the operating license of the bank is revoked, the second and 109th article of Article 106 of this Law
The third paragraphs of the article do not apply. According to Article 106 of this Law, bankruptcy
In case of establishment of bankruptcy desks, the Fund will be transferred to the bankruptcy desk in the amount of the amount paid.
Before all privileged creditors in the third row in Article 206 of the Law,
however, due to the receivables of the State and social security institutions within the scope of Law No. 6183.
participates as a preferred creditor to come later. (one)
______________________
(1) With the 1st article of the Law No. 5472 dated 8/3/2006, the "all privileged
before the creditors "to come after the phrase", but only to the State and social security institutions.
After the receivables within the scope of the Law No. 6183, the phrase" has been added and is included in the text.

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Fund, the majority or all of the shares of the bank transferred to it;
a) By providing financial and technical assistance when necessary,
partially or wholly, from existing banks to willing ones or to a bank to be established.
transfer or merge the bank with another willing bank,
b) Limited to the cases deemed necessary by the Fund Board,
when necessary for strengthening and restructuring;
1) To increase its capital,
2) Penalties arising from required reserve and general liquidity obligations
to remove interest,
3) To purchase subsidiaries, real estate and other assets or to take them as collateral.
to give an advance in return,
4) To put deposits in order to meet the liquidity needs,
5) To take over its receivables or losses,
6) To carry out all kinds of transactions related to its assets and liabilities and to make cash bonds.
to provide,
c) To sell its assets to third parties by applying discounts or by other means.
and to take all kinds of measures it deems necessary,
d) Permission from the Board pursuant to the provisions of Articles 7 and 8 of this Law.
to third parties, provided that they are received and within the procedures and principles to be determined by the Fund Board.
to hand over,
He is authorized.
The consent of the creditors and debtors in the transfer transactions made in accordance with the provisions of this article
not searched.
Within the scope of Article 71, partnership rights, management and audit excluding dividends
strengthening and restructuring of the financial structures of the banks transferred to it,
The process related to the transfer, merger and sale is not later than nine months from the date of the transfer.
completed in a while. With the decision of the Fund Board, this period may be extended not to exceed three months.
If the transfer, merger or sale has not been completed within this period, upon the request of the Fund.
The Board revokes the bank's operating license.
Abuse of bank resources
Article 108 – Operations in accordance with the provisions of subparagraph (e) of the first paragraph of Article 71
The controlling shareholders and managers of banks whose permits have been revoked or transferred to the Fund,
without prejudice to the provisions regarding liability, the resources they use and thereby
It is obliged to return and compensate the losses incurred within the period to be given by the Fund.
In the implementation of this article, the controlling shareholders and managers of the banks; Administration
board, credit committees, managers, branches and other officials and officials or by other
by proxy, bank resources and assets; to pledge, to pledge, the date of opening
To give credit to people who are obviously not credible as of today, to provide credit in return.
To make loans available, to store in domestic and foreign banks and financial institutions.
or to open accounts under other names or to provide collateral for these accounts and in other ways directly
or indirectly, to provide money, goods, all kinds of rights and receivables in favor of themselves or others
bank resources and assets that they use for the purpose of
considered to be used as a resource.

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Within the scope of resources used and damage incurred within the scope of this article, return and
The transactions that will form the basis of the claim for compensation and the amounts to be refunded and indemnified,
Taking into account the determinations to be reached as a result of the examinations to be made by the Agency in the bank, the Fund
It is determined by the board.
In the event that the operating license of the bank is revoked, within the period to be given by the Fund.
amounts that cannot be refunded or compensated become Fund receivables and
It is followed up and collected in accordance with the provisions of the Law on Collection Procedure.
used within the period to be given by the Fund after the transfer of the Bank to the Fund.
non-recovery and compensation of resources and damage suffered thereby, or failure to comply with appropriate funding by the Fund.
in such a way that it is not guaranteed or the shares of these partners are not given by the Fund.
If it is not transferred to third parties within the period, the amount of this damage or the resources used
The shares belonging to the partners are transferred to the Fund without any further transaction.
Following the sale of the said shares transferred to the Fund to third parties, the Fund
The amount obtained by the company is deducted from the debts of the controlling shareholders to the bank and/or the Fund.
The bank resource used within the scope of this article and the loss incurred in this way, the Fund
refunded or compensated within the period granted by the Fund or as deemed appropriate by the Fund.
Even if it is collateralized in a way, it is determined that the remaining loss in the balance sheet exceeds the equity.
The Fund is authorized to request the Board to revoke the bank's operating license. on the balance sheet
If the loss incurred does not exceed the shareholders' equity, by the votes of at least five members of the Fund in the same direction.
The shares belonging to the partners other than the controlling shareholders, with the decision of the Fund Board taken, shall be paid for the loss.
The capital to be calculated by deducting from the capital amount will be found to be taken as basis.
to be paid to the bank shareholders within the period to be determined by the Fund Board.
is authorized to take over in return.
Common provisions regarding banks whose operating licenses have been revoked or transferred to the Fund
Article 109 – The main banks of the banks whose operating licenses have been revoked or transferred to the Fund.
without being subject to the provisions of the Turkish Commercial Code,
The Fund is authorized to change and register without holding the general assembly.
The Fund is one of the controlling shareholders and legal entities of banks whose operating licenses have been revoked or transferred to the Fund.
real person shareholders who own more than ten percent of the capital of the individual partners, and
from their rulers, their spouses, by blood up to the third degree and in-laws up to the second degree
immovable and property belonging to them from their relatives, adopted children and adopters.
its affiliates, movable rights and receivables and securities that are permissible, all kinds of earnings and
incomes and livelihoods by lifestyle, as well as within the two years preceding the notification
The immovable that they have acquired or transferred gratuitously or gratuitously, is movable with lien, rights,
It is authorized to request that they submit an asset declaration showing their receivables and securities.
The declaration of goods must be submitted to the Fund within seven days at the latest. The provisions of this property declaration
The relevant provisions of the Execution and Bankruptcy Law No. 2004 are valid for and its consequences.

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The fund is a deposit and participation fund in the bank whose operating license has been revoked or transferred to the Fund.
take any action it deems necessary in order to protect the rights of its owners and other creditors.
takes the precaution. The controlling shareholders and legal entity of the bank whose operating license has been revoked or transferred to the Fund
real person shareholders owning more than ten percent of the capital of their partners, and
The condition of guarantee for the property, rights and receivables of the managers of the company, upon the request of the Fund,
precautionary injunction or precautionary attachment may be placed without seeking
can be banned. Precautionary injunctions and precautionary attachment decisions taken in this way are valid from the date of the decision.
If the lawsuit is not subject to enforcement and bankruptcy proceedings within six months, it will automatically disappear. Relevant
Cancellation to be filed in accordance with the provisions of Chapter 11 of the Execution and Bankruptcy Law No. 2004
Insolvency proceedings are not required.
From the date the operating license is revoked or transferred to the Fund,
Debtors who acquire receivables through assignment from their creditors, with their receivables acquired through assignment
cannot demand the exchange or set-off of its debts to the bank. It
The clearing and offsetting transactions that will result in a result are invalid for the bank.
personal liability
Article 110 – Unlawful decisions and actions of the managers and auditors of a bank.
that they cause the application of the provisions of Article 71 about the bank with their transactions.
in case of detection, their personal liability limited to the damages they have caused to the bank.
by going to bankruptcy directly, pursuant to the decision of the Fund Board and upon the request of the Fund.
can be decided by the court. These decisions and transactions provide benefits to the controlling shareholders of the bank.
If it is done for the purpose of providing benefits, the benefit they provide for the partners who provide benefits.
applied over. Deposits and participation paid by the Fund of the amount thus collected
After deducting the amount of the fund and its accessories, the balance part is in liquidation or subject to bankruptcy.
is returned to the bank.
The Fund carries out the follow-up on those whose bankruptcy has been decided by the court.
Execution and Bankruptcy No. 2004, regarding those whose bankruptcy is requested according to the provisions of this article.
The provisions of the 257th and following articles of the Law are applied.
Provisions of Articles 106 and 109 of this Law, personal bankruptcy pursuant to this article
It also applies to what is requested.
PART TWELVE
Provisions Regarding the Savings Deposit Insurance Fund
FIRST PART
Savings Deposit Insurance Fund
Foundation and independence of the fund
Article 111 – Disposition within the framework of the powers granted by this Law and other relevant legislation
insurance of deposits and participation funds in order to protect the rights and interests of their owners.
management of fund banks, strengthening their financial structures, restructuring
restructuring, transfer, merger, sale, liquidation, Follow-up and collection of Fund receivables
executing and finalizing transactions, managing Fund assets and resources, and
Having a public legal personality, administrative and financial autonomy for the performance of other duties assigned by law.
The Savings Deposit Insurance Fund was established.

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The fund is independent while doing its job. The Fund's decisions are not subject to expediency control.
No organ, authority, authority or person may take orders or orders to influence the decisions of the Fund Board.
cannot give instructions.
The Fund consists of the Savings Deposit Insurance Fund Board and the Presidency.
The headquarters of the fund is in Istanbul. The fund is distributed in provinces where the area it is assigned and authorized is concentrated.
Domestic representation and collection by the President's decision, provided that the number is not more than three.
can open units. (one)
The Fund is the Public Economic Enterprises No. 3346 and the Funds of the Grand National Assembly of Turkey.
The Law on the Regulation of the Supervision of the Assembly by the State Procurement Law No. 2886
It is not subject to the provisions of the Public Procurement Law No. 4734.
In order to effectively fulfill its duties and authorities, the Fund shall be provided with sufficient number and quality.
employs staff.
The assets of the Fund are considered State property. The property, rights and receivables of the Fund cannot be seized and
cannot be pledged.
SECOND PART
Savings Deposit Insurance Fund Board
Savings Deposit Insurance Fund Board
Article 112 — The Savings Deposit Insurance Fund Board is the decision body of the Fund. Fund
Its Board consists of seven members, one of whom is the chairman and one is the second chairman. Chairman of the Fund Board
He is also the chairman of the fund.
President's leave, illness, domestic and foreign assignments and other duties in which he is not on duty.
In the event of his dismissal, the vice president, in the absence of him, the Fund Board.
A member to be appointed by the President shall act as the Chairman.
Appointment of Fund Board members
Article 113 — Fund Board members are required to meet the following conditions:
a) (1), (4), (5) of paragraph (A) of article 48 of the Civil Servants Law No. 657,
To carry the conditions specified in subparagraphs (6) and (7).
b) The conditions specified in subparagraphs (a), (b), (c) and (d) of the first paragraph of Article 8
transport.
c) Not to be one of those prohibited from working in article 26.
d) (Amendment: 2/7/2018-KHK-703/166 art.) Graduated from at least undergraduate level
be.

––––––––––––––––––––––––
(1) With Article 166 of the Decree Law No. 703 dated 2/7/2018, the “Council of Ministers” in this paragraph
The wording was changed to "President".

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(Amended second paragraph: 2/7/2018-KHK-703/166 art.) Chairman and members
He is appointed by the President. The President appoints one of the members as the vice president.
The Chairman and members of the Fund Board, during the continuation of their duties, perform their duties with full attention,
that they will act with honesty and impartiality, that they will not act against the provisions of the law, and
They take an oath before the First Presidency Board of the Court of Cassation that they will not for the oath
The application made by the Court of Cassation is considered as urgent work. Fund Board members, unless they take the oath.
They cannot start the job.
Term of office of the Chairman and members of the Fund Board
Article 114 — (Repealed first and second sentence: 2/7/2018-KHK-703/166 art.) (…)
In case of a vacancy in the Presidency and membership for any reason, the vacant place is specified in Article 113.
Appointments are made within one month within the specified principles. (Repealed sentence: 26/4/2012-6300/1 art.)
(…) (Additional statement: 26/4/2012-6300/1 art.) Those appointed in this way are
completes its time.
For any reason before the term of office of the Chairman and members of the Fund Board expires.
(one)

their duties cannot be terminated. However, they cannot work due to severe illness or disability,
they have lost the necessary conditions for their appointment, their situation is contrary to Article 115.
understood or given to them due to the crimes they have committed in connection with their duties.
Duties of the Fund Board Chairman and members, whose conviction decision has been finalized, approved by the President
ends with. Instead, appointments are made within one month at the latest. In addition, temporary incapacity for work
In the event that the state of affairs lasts for more than three months, the membership of the members in this situation shall be terminated and their
appointments are made within one month. (2)(3)
Prohibitions regarding the Fund Board Chairman and members and Fund personnel
Article 115 - The Chairman and members of the Fund Board shall be responsible for scientific purposes that do not hinder their primary duties.
Except for publications, lectures, conferences and copyrights, except for the execution of their official duties in the Fund
the remaining official or private duties, associations, foundations, cooperatives and similar institutions.
cannot be a manager, engage in trade, engage in self-employment activities,
cannot be a shareholder in the organizations within the scope of the company and their direct or indirect partnerships,
They cannot act as arbitrators or experts.
Before the Fund Board Chairman and members take office, they or their spouses and custody
issued by the Treasury from securities owned by children under
organizations within the scope of this Law and their direct or
all kinds of capital market instruments belonging to indirect partnerships, spouse, adopted child, up to third degree
by selling it within thirty days, except for blood and beech relatives up to the second degree.
has to take it out. Fund Board members shall comply with this paragraph within thirty days from their appointment.
If they do not act appropriately, they will be deemed to have withdrawn from membership. This situation is determined by the decision of the Fund Board.
and notified to the relevant Minister.
________________
(1) The “six” in the first sentence of this paragraph and the first article of the Law No. 6300 dated 25/4/2012
The phrase "five" is included in the second sentence of the same paragraph and "they cannot be reappointed." The phrase "a
They can be reappointed once.” changed and processed into the text.
(2) With Article 1 of the Law No. 6462 dated 25/4/2013, the phrase "disability" in this paragraph
“It has been changed to disability.
(3) With Article 166 of Decree Law No. 703 dated 2/7/2018, the phrase “Prime Minister” in this paragraph
Changed to "President".

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The Chairman and members of the Fund Board, at the institutions whose management and control have been transferred to the Fund, and
in their direct or indirect partnerships, within two years of leaving their duties.
they cannot take office. Those who do not comply with the provisions of this paragraph,
Penalties specified in Article 4 of the Law on Jobs they cannot do are given.
The Chairman and members of the Fund Board and other personnel shall provide confidential information and
trade secrets to the authorities other than those authorized by law, even if they have left their duties.
They cannot explain or use it for their own benefit or for the benefit of others.
Fund Board Chairman and members. Making Goods Declaration No. 3628, Bribery and
It is subject to the Anti-Corruption Law.
Working principles of the Fund Board
Article 116 – The Fund Board convenes at least once a week when necessary.
The Chairman of the Fund Board conducts the meeting, and in his absence, the second chairman. The agenda of the meeting, Chairman,
prepared by the vice president in his absence, at least one day before the meeting.
communicated to its members. Fund activities by the President before moving on to the agenda items.
Information is given to the Fund Board. Meeting so that a new item can be added to the agenda
Before a member makes a proposal and the proposed item is added to the agenda, Fund
It must be accepted by the board.
The Fund Board convenes with the presence of at least five members, and the special
Except in cases requiring quorum, it takes decisions with the same votes of at least four members. Members abstain
cannot vote. In the following meetings, in cases where the decision quorum is not achieved at the meeting,
In case of equality of votes, the decision is taken by counting the vote of the side of the Fund President.
The Fund Board's decision is recorded in the minutes and the decision is recorded during the meeting or at the latest.
The business day following the meeting is signed by all members attending the meeting.
Failure to attend a total of three meetings in a calendar year without a valid excuse, or
those who do not sign the Fund Board resolutions in due time despite attending the meeting, or who vote against
Members of the Fund Board who fail to notify their reasons in writing within the prescribed period shall be deemed to have withdrawn from membership.
This situation is determined by the decision of the Fund Board and notified to the relevant Minister.
For any reason, the number of members will not be sufficient to make it impossible for the Fund Board to take a decision.
in order of seniority, not exceeding one month, so that the meeting quorum is met.
The Fund's vice-presidents deputize. Membership of the Fund Board pursuant to the provision of this article
There will be no change in the financial and personal rights of the Vice Presidents of the Fund who carry out their duties.
Without prejudice to the periods specified in this Law, the decision of the Fund Board shall be taken at the meeting at which it was taken.
with their justifications, if any, the reasons for the dissenting vote and their signatures, within fifteen days at the latest from the date of
are cultivated together.
The Chairman and members of the Fund Board are himself, his spouse, adopted children, and third degree blood and second degree relatives.
They cannot participate in deliberations and voting on matters related to their in-law relatives, including degree. This situation
specified in the text of the decision.
Fund Board meetings are confidential. Taking advantage of their opinions if needed
Experts may be invited to the Fund Board meeting. However, the decisions of the Fund Board
It cannot be taken with the outside attendees to the meeting.

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Regulatory decisions of the Fund Board, at the latest, as of their completion.
It is sent to the relevant Ministry within seven working days and to be published (…) (1) .
It shall be published in the Official Gazette within seven days at the latest. stipulated in this Law
without prejudice to the provisions of the Fund Board,
communicated to the public by means of Fund Board, publication of the country's economy and public order
may decide not to publish the decisions that are objectionable in terms of (one)
Suspension of the execution of a lawsuit against them or an interim injunction decision.
Article 130 of this Law, whose cancellation requests were rejected at the final stage, despite the
For the fines specified in subparagraph (e), legal interest is paid as of the date of notification of the transaction to the person concerned.
is applied. Fines are collected in accordance with the provisions of Law No. 6183.
Professional and ethical principles to be followed by the members of the Fund Board and the Fund personnel and the Fund
Other matters pertaining to the working procedures and principles of the Board will be issued by the Fund.
regulated by regulation.
Duties and powers of the Fund Board
Article 117 – In addition to the duties assigned by this Law and other legislation, the Fund Board also
performs the following duties and uses powers:
a) Fund's main strategy, performance criteria, goals and objectives, service quality
setting standards, establishing human resources and labor policies,
To make suggestions about the units and their duties.
b) The budget proposal prepared in accordance with the fund's main strategy and objectives and targets.
discuss and decide.
c) To approve the reports showing the performance and financial situation of the Fund.
d) To appoint vice presidents and department heads upon the proposal of the Fund President.
THIRD PART
Presidency Organization
Fund Head
Article 118 - The Fund President, who is the highest manager of the Fund, is responsible for the general management of the Fund,
It is responsible for the representation and execution of the decisions taken by the Fund Board.
The duties and powers of the Fund President are as follows:
a) To determine the agenda, day and time of the Fund Board meetings, to administer the meetings.
to take necessary actions regarding the applications that are not included in the agenda, and to
To inform the Fund Board.
b) To ensure that the decisions of the Fund Board are published or communicated,
to ensure that the requirements are fulfilled and to monitor its implementation.
c) Giving the final form to the suggestions coming from the service units and presenting them to the Fund Board.
d) In accordance with the strategies, objectives and targets determined by the Fund Board,
To prepare the budget and financial statements.
e) Ensure that service units work efficiently and in harmony at the highest level.
To ensure the organization and coordination of the tasks and duties that may arise between the Fund service units.
solving authorization issues.
–––––––––––––––
(1) With Article 166 of the Decree Law No. 703 dated 2/7/2018, the phrase “To the Prime Ministry” in this paragraph
has been repealed.

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f) To prepare annual activity reports, according to objectives, targets and performance criteria.
have the activities evaluated and submit them to the Fund Board.
g) Strategy, policies and relevant legislation in the field in which the Fund operates, as well as the Presidency and
To evaluate the performance criteria of employees.
h) To carry out the relations of the Fund with other institutions and to represent the Fund.
i) To appoint Fund personnel other than those envisaged to be appointed by the Fund Board.
j) To determine the duties and powers of the personnel authorized to sign on behalf of the Fund President.
k) To perform other duties related to the management and operation of the Fund.
The President may limit some of his duties and powers not related to the Fund Board.
can be delegated to lower levels, provided that it is clearly determined and in writing.
Fund vice presidents
Article 119 - In order to assist the Fund President in his duties related to the Presidency of the Fund
Two vice presidents are appointed by the decision of the Board. In article 113, the vice presidents
must meet the specified conditions.
Provided that the vice presidents of the fund clearly define their limits in writing when necessary.
may delegate some of its powers to lower levels.
Service units of the fund
Article 120 – Service units of the Fund are organized as departments.
consists of main service, advisory and auxiliary service units. However, the number of departments
cannot pass it.
Service units, in accordance with the field of activity, duties and functions specified in this Law.
It is determined by the proposal of the Fund and the regulation put into effect by the President. (one)
Strategy Development Department is established as the main service unit in the Fund. law, press
and in areas such as public relations, management and finance, their number is fifteen in total.
Advisor to the Presidency may be appointed. (2nd)
To carry out human resources and training, administrative and financial affairs and similar activities.
Support Services Department is established. Under the chairmanship of this department, there is a special office of the Fund Board.
A maximum of four directorates can be established to be used in its services.
Fund staff
Article 121 – Duties and services required by the duties assigned to the Fund by this Law,
lawyers, Fund auditor and assistant auditors, Fund experts and assistant experts.
carried out by professional staff and administrative staff. 113 of this Law, all personnel of the Fund
It is obligatory to have the qualifications set forth in the subparagraphs (…) (3) of the first paragraph of the third article . (3)
–––––––––––––––
(1) With the 166th article of the Decree Law No. 703 dated 2/7/2018, the “Council of Ministers” in this paragraph
by decision of the President” was replaced by “by the President”.
(2) The phrase "five" in this paragraph is replaced by "fifteen" in accordance with Article 6 of the Law No. 5667 of 24/5/2007.
changed to text.
(3 ) of the Main Ay Asa Court dated 2 2 / 3 / 20 07 and numbered E.: 2 00 5 / 1 39 , K.: 2 0 07 / 3 3
With his decision; 12 In the second sentence of the first paragraph of the 1st article, “... (d)
Except for me, the other ...'' is cancelled.

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Vice-presidents, heads of departments, managers, presidential advisers and professional
personnel are employed in a contracted status against staff. Contracted Employee Fund
657 in terms of all kinds of rights and obligations of the personnel except wages, financial and social rights.
It is subject to the Civil Servants Law.
(Annulled third paragraph: Constitutional Court dated 22/3/2007 and E.: 2005/139, K.:
With its Decision No. 2007/33; Re-arrangement: 11/10/2011 - Decree- Law - 662/71 art.) This Law
The total number of staff in the table (II) in the annex is not to be exceeded and the current staff titles are not exceeded.
or in the tables annexed to the Decree-Law on General Staff and Procedure No. 190
Changes in cadre, class, title and degree, provided that it is limited to the cadre titles in
The procedures and principles regarding this issue are determined by the Fund Board.
Employing professional personnel in jobs that require expertise in the main service units of the Fund
is essential.
Other than those specified in the second paragraph of the Fund and included in the attached table (III)
The personnel to be employed in the positions are employed with an administrative service contract. (Cancel second
sentence: Decision of the Constitutional Court dated 22/3/2007 and numbered E.: 2005/139, K.: 2007/33
with.) Those who are employed with an administrative service contract, in terms of retirement and social security, numbered 506
It is subject to the Social Insurance Law.
The personnel working in the fund temporarily work in other public institutions and organizations.
cannot be assigned.
They will be appointed as Fund assistant assistant experts, central competition
selected from among those determined by the examination. Fund assistant expert and Fund assistant auditor
Public Personnel Foreign Language Knowledge, provided that they have worked for three years and obtained a positive record.
International validity accepted as at least (C) level from the Placement Examination or equivalent
foreign language score, being successful in the proficiency exam and
In case the thesis they will prepare is accepted by the jury to be formed, the expert or the auditor
are appointed and a one-time promotion is applied to them.
Not preparing a thesis or taking the exam without an excuse or failing the exam twice
to be appointed to positions suitable for their educational status in other public institutions and organizations.
reported to the State Personnel Department.
Proficiency and competition exams of the professional and administrative personnel of the Fund, (…) (1) working procedure and
Other matters related to the principles of the Fund shall be determined by a regulation to be issued by the Fund. (one)
CHAPTER FOUR
Duty, Authority and Responsibility
Duties and powers of the Fund
Article 122 – Except for those granted by this Law and other relevant legislation, the Fund shall
performs duties and exercises powers:
a) To ensure that the decisions of the Fund Board are implemented.
b) To determine the human resources policies of the Fund.
–––––––––––
(1) With the Decision of the Constitutional Court dated 22/3/2007 and numbered E.: 2005/139, K.: 2007/33; place in this paragraph
field“... with attributes …” has been cancelled.

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c) International financial, economic and professional institutions in which domestic and foreign equivalent institutions participate.
to be a member of the organizations, to cooperate with the competent authorities of foreign countries in matters falling within its scope of duty.
sign a memorandum of understanding.
d) To perform other duties assigned by law.
By the decision of the Fund Board, regulations and communiqués regarding the implementation of this Law
authorized to issue.
The fund is the basis for calculating premiums over the deposit and participation funds covered by insurance.
to send the necessary information that will constitute
It is authorized to request the Institution to audit whether the deposit is not paid. The institution, within a reasonable time,
It is responsible for providing and/or auditing the information requested by the Fund.
The Fund, in all its activities, without prejudice to the powers given in the founding law,
complies with the principles, strategies and policies included in the development plan and programs. (one)
The draft regulations to be prepared by the Fund will be published on the Fund's website for at least seven days.
It is made available to the public through appropriate means.
Public institutions and organizations are determined by Law and Presidential Decrees.
It is responsible for providing the necessary assistance to the Fund in its fields of duty. (2nd)
Authority of the Fund to request information and documents
Article 123 - Public institutions and organizations, natural and legal persons, State security
and situations that will have serious consequences against their basic foreign benefits, and professional secret, family life.
without prejudice to the provisions regarding confidentiality and the right of defense,
This Law, even if it is confidential, without taking into account the prohibitive and restrictive provisions,
All kinds of information and documents to be requested, limited to the tasks given within the scope of the
and in the environment, continuously or individually, to submit the books and documents to be requested.
they have to.
Within the scope of this article, the relevant persons, institutions and organizations are within the period to be determined by the Fund.
They are obliged to respond to the request and to show the necessary convenience.
CHAPTER FIVE
Miscellaneous Provisions
Audit of the fund's accounts and expenditures
Article 124 - (Amended first paragraph: 24/5/2007-5667/6 art.) Internal audit of the Fund
Within the framework of the procedures and principles to be determined by the Fund,
The annual expense accounts and expenditures of the fund are handled by the Court of Accounts.
It is carried out by way of refinement.
The annual accounts of the fund are also audited by an independent audit company.
report is compiled and published in the annual report.
With regard to its activities, the fund is funded by the end of March of each year for the previous year.
It is an activity that analyzes decisions, regulations and their economic and social effects.
prepares the report. The annual report also includes the performance targets of the Fund and the results of its implementation.
includes comparison and evaluation.
–––––––––––––––
(1) With the 166th article of the Decree Law No. 703 dated 2/7/2018, the “, programs and the government” in this paragraph
The phrase "in the program" has been changed to "and in the programs".
(2) With the 166th article of the Decree Law No. 703 dated 2/7/2018, the phrase “by law” in this paragraph is replaced with “
By Law and Presidential Decrees”.

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Fund's annual report, financial statements and final budget account of the Grand National Assembly of Turkey
presented to the Assembly. A copy of the final account is also sent to the Ministry of Finance.
The fund informs the public about its activities through the internet and official bulletins.
informs as much as possible.
Fund; in relation to litigation, receivables, follow-up, collection, restructuring and other activities
It informs the public with the reports it will publish quarterly. Fund, Turkey
The Plan and Budget Committee of the Grand National Assembly will be held once a year on its activities.
informs the meeting.
The wages, financial and other social benefits of the Chairman and members of the Fund Board and the Fund personnel
rights (1)
Article 125 - All kinds of public servants determined for the highest civil servant are given to the Chairman of the Fund Board.
A monthly fee is paid in the amount of financial and social rights, including payments. to the highest civil servant
those who are not subject to tax and other legal deductions from the paid ones are also subject to tax and other deductions according to this Law.
not subject to cuts. Percentage of the payments made to the members of the Fund Board to the Chairman of the Fund Board.
ninety-five percent is paid according to the same principles and procedures.
The wages of the contracted personnel and other personnel of the Fund and other financial and
Social rights are determined by the Fund Board, provided that they do not exceed the wage ceiling determined in the first paragraph.
detected.
Overtime wages and wages for the Fund personnel within the framework of the principles to be determined by the Fund Board.
performance-based rewards. In any case, the amount of the payments to be made to the Fund personnel is the first
It cannot exceed the wage ceiling specified in the paragraph. Representing the Fund in cases to which the Fund is a party
Distribution of attorney fees decided in favor of lawyers to beneficiaries is determined by the Fund Board.
carried out within the framework of the principles to be determined.
Those appointed to the Fund Board Chairman and memberships, as well as vice-chairmen, heads of departments,
Republic of Turkey No. 5434 on managers, presidential advisors and professional personnel
Provisions regarding the Pension Fund Law and its annexes and amendments shall apply. retirement and other
President of the Presidency Strategy and Budget, Fund Board
to its members, the general director of the ministry, to the fund vice-presidents, the general director of the ministry,
deputy general director of the ministry to the heads of departments, ministry to the presidential advisors
advisor, Fund auditors and assistant auditors in terms of their monthly degrees of vested rights.
corresponding ministry inspector and deputy inspector, Fund lawyers and Fund experts
The corresponding Justice expert in terms of vested rights monthly degrees is assigned to the Fund assistant experts.
Additional indicator and authority compensation determined for assistant justice experts are applied. It
periods spent in positions that require the payment of office and representation compensation
counted. These provisions are reserved without prejudice to the conditions necessary for the acquisition of academic titles.
about the Fund Board members and staff coming from university teaching staff.
is applied.
–––––––––––––––
(1) With the 166th article of the Decree Law No. 703 dated 2/7/2018, the first paragraph of this article
The phrase "Undersecretary of the Prime Ministry" means "the highest civil servant" and the phrase "to the Undersecretary of the Prime Ministry"
high civil servant” and “undersecretary of the ministry” in the fourth paragraph
the phrase "Presidential Strategy and Budget Head", the phrase "deputy undersecretary of the ministry"
“Ministry general manager”, “Prime Ministry expert” as “Justice expert”, “Prime Ministry expert”
The phrase "assistant experts for justice" has been changed to "assistant justice experts".

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As a result of the request of those who are appointed as the Chairman and members of the Fund Board, they deserve their retirement.
Membership of the Fund Board members, whose retirement process has been completed, continues until the end of their term of office.
it does. Affiliated with other social security institutions established by law before the appointment
Those who are in charge of these institutions will continue to be loyal to these institutions, if they wish, and they will be informed about them above.
provisions do not apply.
Retired from social security institutions other than the Republic of Turkey Pension Fund
Members of the Fund Board, who are eligible to apply to the Republic of Turkey Pension Fund in writing,
They are associated with the Chest from the beginning of the following month. Other social security of these members
pensions they receive from their institutions are cut and they are paid a premium to various social security institutions upon their departure.
by combining the time spent by paying them, dated 24.5.1983 and numbered 2829.
In accordance with Article 8 of the Law, monthly payments are made.
A stamp in the amount of the fees determined in accordance with the first paragraph, to the Fund President and its members.
Compensation is given every month without any deductions except tax.
Management and control of which has been taken over by the Fund in accordance with the provisions of this Law.
officers and other public officials appointed to the management, supervisory or liquidation boards of companies
three times the monthly fee determined for the members of the board of directors of state economic enterprises.
A fee to be determined by the Fund Board may be paid.
Resignation of Fund Board members
Article 126 - Those who are appointed as the Chairman and members of the Fund Board serve in the Fund Board.
As long as they do, their relationship with their previous duties is cut. However, while he was a public official, he became a member.
the expiry of their term of office, provided that those appointed do not lose the conditions for entry into civil service.
or request to resign and apply to their former institutions within thirty days.
in a position suitable for their acquis within one month by the authority authorized to appoint.
is assigned. Until the appointment takes place, all kinds of payments they receive are paid by the Fund.
continues by. Fund Board Chairman from those who do not work in a public institution
and those who have been elected to the membership and whose duty has ended as stated above,
All payments they receive continue to be given by the Fund until they begin.
The payment to be made by the Fund to those whose membership has been terminated due to the reasons stated in this article will last for two years.
cannot pass. (one)
Fund Board members, Fund staff, appointed by the Fund or elected to represent the Fund
responsibilities of directors, bankruptcy administrators and Fund personnel
Article 127 - Fund Board Chairman and members and Fund personnel in connection with their duties
Investigations into crimes allegedly committed by members of the Fund Board
Provided that the Minister gives permission, and for Fund personnel, the Chairman of the Fund Board gives permission, general provisions
done accordingly. The crimes alleged to have been committed by the members of the Fund Board and the Fund personnel
The authority to authorize an investigation about Fund personnel in investigations related to
belongs.
_____________
(1) A year included in the last sentence of this paragraph with Article 3 of the Law No. 6300 dated 25/4/2012”
The phrase was changed to “two years” and was included in the text.

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about Fund Board members and Fund personnel in connection with their duties.
these persons or third parties, in order to authorize an investigation for the alleged crimes.
acting with the intent to benefit persons or harm the Fund or third parties
are open about the fact that they have benefited themselves or third parties as a result of the transactions, and
There must be sufficient indications. In the event that an investigation permit is granted, this situation shall be notified to the relevant parties.
is done. Notification against the decision to authorize or deny the investigation.
An appeal can be made to the Council of State within fifteen days from the date of Permission
Even if it has been given, until the objection period expires or as a result of the objection made to the Council of State, the judgment is rendered.
An investigation cannot be initiated until
Even if the members of the Fund Board and the Fund personnel have resigned,
investigations and prosecutions initiated for crimes allegedly committed in connection with
Upon the request of the relevant member or personnel, they will be assigned by making a proxy contract with them.
followed by a lawyer. Litigation expenses and Turkish Bar Associations
Not to exceed fifteen times the attorney's fee determined in the minimum fee schedule announced by the Union.
Attorney's fees are covered from the Fund's budget.
Against the Fund Board members and Fund personnel, the Fund Board or the Fund's
due to the decisions, actions and transactions regarding the written duties, both during the performance of their duties and
All kinds of compensation and receivable lawsuits filed or to be filed after their resignation, Fund
is deemed to have been brought against him, and in these cases, the enmity is directed to the Fund. Attorney fees and litigation
The provisions of the above paragraph regarding the expenses are also valid for these civil lawsuits.
Due to the decision against the Fund as a result of the trial and the finalization of the decision, the Fund
In case of making a payment, the Fund requests this amount from the relevant parties. Fund's payments
in order to be able to demand from the relevant persons, the court regarding their faulty
decision must be final.
Articles 64 and 65 of the repealed Banks Law No. 3182 and this Law
Article 14 of the repealed Banking Law No. 4389 and Article 71 of this Law
The Minister, the Board or the Fund Board regarding the banks that are transacted pursuant to Article
against the appointed members of the board of directors and supervisory board due to the performance of their duties.
lawsuits against the Institution or the Fund, which is the relevant authority making the appointment, and
In these cases, the hostility is directed to the relevant institution. As a result of the trial, against the relevant institution
In case the payment is made due to the decision and finalization of the decision, the relevant institution shall
requests the amount from the relevant parties. The relevant institution can request the payments made from the relevant persons.
For this reason, the court decision regarding these persons as being at fault must be finalized.
The Fund shall comply with the provisions of Article 134 of this Law and/or with this Law.
paragraph (7) of Article 15 of the Banks Law No. 4389, which was repealed.
Members of the board of directors and supervisors, and members of the board of directors appointed pursuant to subparagraph (a), and
liquidators and/or management and supervision of banks whose shares are transferred to the Fund
Members of the board of directors and supervisors who represent these banks in their subsidiaries, managers
Board members and/or management representing the Fund in subsidiaries whose shares have been transferred to the Fund,
against the members of the supervisory board, members of the board of directors, bankruptcy and liquidation officers.
Personal liability with all kinds of compensation and debt lawsuits filed or to be filed due to the performance of
lawsuits against the Fund. In recourse to the related parties the compensation to be paid by the Fund, this article
The procedures and principles in the fourth paragraph are applied. Thus appointed and/or
public debts incurred or to be incurred by the companies they are appointed and/or work for
and the debts of the Social Security Institution and all kinds of workers' receivables, as well as the liabilities of the aforementioned companies.
due to the unpaid debts arising from other relevant legislation.
responsibility cannot be imposed.

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The chairman and members of the Fund Board, and those appointed and/or serving by the Fund,
The managers listed in the paragraph are responsible for the loss of capital of the companies and/or insolvency.
They do not have an obligation to notify the court. in the notification
179, 277 and 277 of the Execution and Bankruptcy Law no.
Provisions of the following articles and articles 345/a are not applicable; Turkish Trade No. 6762
In accordance with Article 341 of the Law, a personal liability lawsuit cannot be filed.
Appointed by the Fund to companies whose management and control have not been taken over by the Fund.
Members of the board of directors and supervisors, as well as managers, cannot be dismissed by the general assembly of shareholders.
personal liability outside of the period or periods for which they have served without being released, such as
case cannot be filed.
Judicial remedy against Fund Board decisions
Article 128 —(Repealed first sentence: 2/7/2012-6352/105 art.)(…) Fund Board
Applications made against the decisions of the court are considered as urgent works.
(Cancellation second paragraph: Main. Mah. dated 9/3/2006 and numbered E.:2006/33, K.:2006/36
by his decision.)
Budget of the fund
Article 129 — . (Amended: 8/3/2006-5472/1 art.)
Fund expenses must be met with Fund revenues. The fund's budget year is the calendar year.
The Fund is allocated to it within the framework of the procedures and principles set forth in this Law.
uses its resources freely to the extent required by its duties and authorities.
The principles and procedures of using the Fund's assets and the powers given to the Fund by this Law.
Other procedures and principles regarding its use shall be indicated in the regulation to be prepared by the Fund.
Fund expenses are covered from Fund resources.
Fund's expenses, strategic plans and performance
prepared according to the institutional, functional and economic classification system
done on a budget.
Fund's revenues
Article 130 - Fund's revenues;
a) Deposit and participation fund insurance premiums,
b) Deposits, participation funds, escrow and
from receivables,
c) One year from the date of commencement of operation of the founders of the banks whose establishment permission has been granted.
ten percent of the minimum capital specified in Article 7 of this Law.
from the entrance fee to the system they will deposit,
d) From the amounts to be deposited to the Fund, in accordance with the provisions of Article 18,
e) Percentage of judicial fines to be imposed due to violation of the provisions of this Law.
from fifty to ninety percent of the administrative fines to be imposed,
f) From the incomes of the fund holders and other incomes,
g) Values ​to be recorded as income to the Fund in accordance with Article 20,
occurs.

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Fund's borrowing and advance authority
Article 131 – The fund may borrow money, provided that it is authorized by the Undersecretariat of Treasury.
When the need arises, a special arrangement is made by the Undersecretariat of Treasury to be given on loan to the Fund.
debt securities can be issued. Interest rates and reimbursement of special government domestic debt securities
the principles and procedures to which it will be subject, including the payment terms, with the Undersecretariat of Treasury and the Fund.
determined jointly. Regarding the borrowing in the fiscal year budget laws
On Regulation of Public Finance and Debt Management No. 4749 with provisions
The provisions of Articles 5 and 6 of the Law are also valid for these promissory notes.
The Fund will arise from the banks in the future with the decision of the Fund Board, by taking the opinion of the Institution.
Advance up to the sum of the insurance premium paid in the previous year as a deduction from their premium obligations
can take. It is obligatory to indicate the interest rate to be applied in the decisions regarding the use of advances.
In extraordinary cases, in case the Fund resources do not meet the need, the demand of the Fund
An advance may be given to the Fund by the Central Bank. The maturity, amount, repayment method of the advance received
and conditions, the interest rate to be applied and other issues are determined by the Central Bank by taking the opinion of the Fund.
determines.
CHAPTER SIX
Follow-up and Collection Procedures
Authorization and procedures regarding the follow-up and collection of fund receivables
Article 132 – The revenues of the Fund listed in Article 130 of this Law and the 108th and 135th
Collection Procedure of Public Receivables No. 6183 in the follow-up and collection of the receivables in Article
The provisions of the Law shall apply.
The Fund is responsible for the follow-up of the receivables listed in Article 108 of this Law,
principal, all kinds of interest, according to the bank's books, records and documents from the date of use,
130th over the accumulated receivables consisting of the sum of commissions and other expenses.
Based on the principal accrued for the follow-up of the receivables listed in Article 135,
The follow-up of the specified receivables starts with the determined amount to be the basis for the payment, and
Receivables within the scope of the Law No. 6183 on the Collection of Public Receivables
applies a late fee at the rate applied.
The Fund is responsible for the implementation of the Law No. 6183 on the Collection of Public Claims.
the aforementioned Law granted to the Ministry of Finance, the collection office and other authorities, authorities and commissions.
uses powers.
If the debtor or the debtor's properties are located in other places, the Fund, No. 6183
the provisions of the Law on the Collection of Public Receivables through its own collection office.
In areas where there is no collection office, the Ministry of Finance in that location
can also be applied through the agency.
The Fund, which is followed in accordance with the Law No. 6183 on the Collection of Public Claims,
the provisions of the aforementioned Law in the conversion of all kinds of guarantees regarding the receivables into money.
can apply.

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The Fund will be funded in accordance with the Law No. 6183 on the Collection of Public Claims.
in sales; may decide to collect the sales price in credit. However, this situation and futures sales
conditions must be specified in the sales announcement and sales specifications.
According to the provisions of the Law No. 6183 on the Collection of Public Claims, the Fund
Participating in the tender, bidding and receivables related to the goods, rights and receivables offered for sale
is authorized to purchase the goods, rights and receivables from the tender.
In case the receivables of a bank are taken over pursuant to Article 107 of this Law, this
receivables become Fund receivables as of the date of transfer and the debtor
the proceedings initiated against him in accordance with the provisions of the Execution and Bankruptcy Law No. 2004 and
The lawsuits regarding the collection of the receivable will continue from where they left off.
Due to the receivables taken over in accordance with Article 107 of this Law, the Fund is indebted to the Fund.
In case of bankruptcy of those who are in bankruptcy office in Article 221 of the Execution and Bankruptcy Law No.
It is thanks to the participation of the fund representative. Article 223 of the Execution and Bankruptcy Law No. 2004
If requested by the Fund, at least one of the members of the bankruptcy administration in Article
It is selected by the executive examination authority from among the two candidates that it will show. Fund, collection of receivables
among two solid candidates proposed by at least two members of the bankruptcy administration, if deemed necessary by the
authorized to request its election. In this case, the enforcement investigation authority has a minimum of two
selects its member from among the candidates proposed by the Fund. If the Fund has elected a member, the enforcement review authority
one member among two candidates nominated by those who have a majority in terms of the amount that will take a member.
chooses among the candidates nominated by the majority in terms of the number of creditors. Two members of the fund
if it has been elected, another member is in the majority in terms of the number of creditors by the enforcement investigation authority.
selected from among the two candidates nominated by the candidates.
The Fund makes all kinds of savings, including discounts, regarding the receivables it follows.
movable and real estate to be found, to be settled, to sell, to buy back, to receivable
take over the goods and all kinds of rights and receivables, with the conditions to be determined, and to redeem the receivables.
to enter into agreements with debtors and to make agreements with debtors, including
Precautionary measures in accordance with the principles and procedures to be determined by the Fund Board within the scope of the agreements.
whether to apply or not to apply, whether to file a lawsuit or to decide whether the civil lawsuits that have been filed
is authorized to ask the court to stop it for the duration of the agreement.
New Turkish Lira and/or foreign currency, to constitute the guarantee of all kinds of receivables.
in any currency, including commercial enterprise pledge, immovable pledge and movable pledge
is competent and authorized to receive all kinds of in-kind and personal guarantees.
For those whose operating license has been revoked by the Fund pursuant to Article 71 of this Law, or
Regarding the banks whose management and supervision is transferred to the Fund, including crimes whose follow-up depends on the complaint
any application opened or to be opened upon the applications made pursuant to the provisions of this Law.
In all kinds of criminal cases, the Fund becomes an intervening party as the injured party. Depends on these cases
Even personal rights belong to the Fund.
(Cancellation thirteenth paragraph: dated 22/7/2008 and E.: 2008/66, K.: 2008/131
by Decision No.)
The procedures and principles regarding the implementation of this article shall be determined by the Fund by regulation.
is arranged.

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Exceptional powers for liability cases
Article 133 — The completion of the liquidation of the banks whose operating licenses have been revoked, but only if the bankruptcy
or in case the receivables from the liquidation desk have not been collected, the responsibilities of the bank are determined.
annulment of their acquittal, if any, against the shareholders, former members of the board of directors and auditors, and
five years following the completion of the liquidation in order to indemnify the damage caused by the transactions.
can be sued by the Fund.
In case of transfer or transfer of shares of fund banks to third parties, by the bank,
The Fund is subject to lawsuits and proceedings brought against former shareholders, managers and auditors of the bank.
continues from where it left off as the legal successor. As a result of these lawsuits and proceedings
The amounts to be determined shall belong to the Fund. Transfer of these banks to another bank or
merger with a bank, transfer of shares to third parties or decide on their liquidation
within five years following the completion of these transactions.
against former members of the board of directors and former auditors whose responsibilities have been determined.
With the request for compensation on behalf of the Fund for the damages they have caused due to the cancellation of their release and transactions, the Fund
may be prosecuted. Fund Board decision on filing a lawsuit is required as a condition of lawsuit.
supersedes the decision of the board.
Lawsuits filed or to be filed within the scope of this article and those pursued as legal successors
In lawsuits, the attorney's fee is determined as a fixed amount to the party in favor of which it is decided.
Other powers regarding the collection of the Fund's receivables
Article 134 – If the Fund finds benefit in terms of collection of its receivables and the Fund is indebted to the Fund.
Regardless of whether or not the Fund banks;
a) Subsidiaries over which it has management and control,
b) Legal persons who are controlling partners,
c) Companies in which the controlling shareholders of real and legal persons are the controlling shareholders,
d) Acting on behalf of the above-mentioned persons or on behalf of them, money, property
or partners of the acquiring companies,
All of their shares and/or one of the companies mentioned in this article
to take over the management and control of these companies, with partnership rights excluding dividends,
and the number of management, managers and supervisory board members determined in the company's articles of association.
regardless of whether or not they are appointed on the basis of preferred shares.
members to these boards by dismissing them and/or increasing and/or decreasing the number of members.
authorized to appoint.
banks or banks over which the Fund has taken over the management and control, directly or indirectly.
companies and/or companies whose management and control has taken over in accordance with this article and the Fund
The number of shareholders of its subsidiaries is determined by the Turkish Commercial Code No. 6762 and special laws.
In the event that the number of compulsory partners falls below, their legal personality shall not be harmed.
Companies under the management and control of the Fund and/or pursuant to this paragraph
management and supervision appointed by the Fund, of the companies whose management and control it has taken over.
with the representation and binding of the company by the members of the board of directors and managers and these managers appointed by the Fund.
company employees such as the authorized general manager, assistant general manager and manager or the Fund
Company shares belonging to real or legal persons listed in the paragraph and/or license in these companies,
The license is a temporary license within the scope of the provisional article 6 of the Law No. 3984 dated 13.04.1994.
frequency and channel use and rights arising from concession agreements.
to sell all its rights and assets and/or its assets proportional to these shares, and to
to set off the amounts obtained from the sales to the Fund receivables or to the public debts of the companies.
and/or use it to pay its debts and other debts to the Social Security Institution and
It is bound to take decisions regarding transactions with Article 324 of the Turkish Commercial Code No. 6762.
without being authorized.

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More than forty-nine percent of these companies and subsidiaries and all kinds of property, rights and
foreign assets, without prejudice to the restrictions in the special laws on real estate.
can be sold to real and legal persons.
Collection Procedure of Public Receivables No. 6183 in order to collect fund receivables
Asset assets and licenses, licenses and concessions in accordance with the provisions of the Law on
the rights arising from the contracts and the ancillary or supplementary part of these assets.
other, including those arising from contracts but which do not have an economic value in their own right.
bringing all rights and assets together, creating a commercial and economic integrity, and passing it to the buyer.
the sale of the confiscated goods by more than one debtor and/or more than one
In case the creditor has a lien, the sale will be made, the method of payment of the tender price, the money
unit, the conditions that the buyers must have, the payment date and other procedures and principles of the tender.
to determine the terms of sale regardless of the provisions of the Law No. 6183,
Companies to which the assets subject to sale belong, to purchase the economic integrity as a deductible
past debts arising from the purchase of technical information, software, hardware, equipment, goods and services.
The Fund Board is authorized to pay the tender price or to make the tender buyer pay. Fund Board, sales
a sales commission of at least three people to realize this sale.
and appoints its president. The sales commission is collected by the absolute majority of the total number of members.
and takes decisions with the absolute majority of the total number of members. estimation of commercial and economic integrity
The price is determined by the sales commission in the valuation report of the expert real or legal persons.
taking into account the separate valuation of the assets that formed the integrity previously.
It is determined by the Fund Board within the framework of the report to be prepared regardless of the
More than one person, in kind or personally, on the deposits constituting a commercial and economic integrity.
In the event that there is a right or the ownership of them belongs to more than one person, this property,
The value of rights and/or assets is determined separately. Sales to be made pursuant to the provisions of this article
The publication of the sales notice in the Official Gazette shall be deemed to be a notification to the relevant parties.
The sale of injunctions, which are decided to constitute commercial and economic integrity, can be made in a closed or open envelope.
It is done by applying one or both of the auction methods together. After that, the Fund
If the Board deems it necessary, the tenders can be continued by bargaining. Of these methods
the characteristics of the goods, rights and assets constituting the commercial and economic integrity.
taken into consideration by the Fund Board. Order table for the distribution of the tender price
regulated by the sales commission. The finalization of the tender is subject to the approval of the Fund Board.
Actions for annulment of the tender regarding sales made pursuant to this provision,
in the local administrative courts. (Amended last sentence: 31/10/2016-KHK-678/33 art.; Exactly
Adopted: 1/2/2018-7071/31st art.) From the decision to establish a commercial and economic integrity
belonging to enterprises related to assets constituting commercial and economic integrity within two years from
movable, real estate and all kinds of rights and receivables and cash, including those from third parties
seizure, custody of assets by third parties, including privileged creditors
and its sale cannot be demanded, the bankruptcy of the owners of the convicts cannot be decided, the relevant encumbrances
about the statute of limitations and forfeiture periods.

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Within the framework of the above provision, telecommunication, energy, transportation, radio, written and visual
media and other sectors, whose management and control or shares are taken over by the Fund
concession agreement granted to companies, license, license, operating permit, preliminary permit, publication permit, numbered 3984
Temporary frequency and channel use and similar provisions within the scope of provisional article 6 of the Law.
the transfer and registration of the permits on behalf of the new recipients, the relevant institution upon notification of the Fund,
After the completion of the necessary information and documents by the establishment and higher boards, no further processing is required.
It is completed within one month at the most.
Other principles and procedures regarding sales to be made pursuant to this provision shall be determined by the Fund.
determined by the regulation to be issued.
(Amended eighth paragraph: 8/3/2006-5472/1 art.) Owned by real and legal persons
assets within the scope of commercial and economic integrity within the framework of the provisions of this article.
or obtained separately from their sale through forced execution within the framework of the provisions of this Law.
from the price paid; Fund Board, respectively, provided that they are accrued until the date of sale.
technical information, software, hardware, equipment, goods and
past period debts arising from service procurement,
institutions under the Law No. 6183, and the GSM concession agreement.
After the Treasury share debts are paid, the remaining portion is paid by individuals to other public institutions and
It is paid by dividing its debts to its institutions and higher boards. According to this provision
remaining debt after distribution; license, license, concession agreement, temporary frequency
and channel usage and similar rights are necessary for the transfer and operation by the new buyer.
and to the registration and transfer process of the transfer, which should be made by public institutions and organizations and higher boards.
does not constitute an obstacle.
(Additional paragraph: 8/3/2006-5472/1 art.) No. 4389, which was repealed by this Law
With the paragraph (7) of Article 15 of the Banks Law, and within the scope of this article,
companies and the shares representing more than 50% of the capital of the Fund, Fund Bank or
The companies owned by the fund subsidiaries are awarded to their creditors and creditors by their boards of directors.
following the announcement to be made to the debtors within the framework of the principles determined by the Fund.
Based on the balance sheets of the Fund Board, the Execution and Bankruptcy Law, the Turkish Commercial Code
liquidated without being subject to its provisions. The decision of the Fund Board regarding the liquidation of the company
means that these companies are registered in another register from the relevant registry upon written notification of the Fund.
left without the need for processing. To be filed by the relevant persons against the liquidation decision
cases are heard in the administrative courts of the place where the Fund is headquartered. by the Fund Board
Bankruptcy and revival of companies that have been decided to be liquidated cannot be requested. As a result of the announcement made
receivables received by the Fund, Article 206 of this Law, Law No. 6183 and Execution and Bankruptcy Law
to the creditors of the company whose liquidation decision has been made, with the order list to be drawn up in accordance with Article
distributed. The controlling shareholders of the companies liquidated in accordance with the provisions of this article and
personal liability, bankruptcy and receivables lawsuits filed against managers and third parties
successor; criminal proceedings are continued by the Fund in its capacity as legal intervening party. As a result of these lawsuits
In case of any collection, the amount collected without the need for any other action
distributed in accordance with the arranged order table. Fully receivable after distribution
to the creditors who could not receive the company, upon their request, that the company was liquidated and that the liquidation to be distributed
A document stating that there is no balance is given. This document is Article 105 of the Enforcement and Bankruptcy Law.
gives rise to its conclusions and consequences. After the distribution to the creditors in accordance with the order table
In case of liquidation balance, this balance is paid to the shareholders of the company in proportion to their shares.
The procedures and principles of liquidation are determined by the regulation to be issued by the Fund Board.

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Operating license pursuant to subparagraph (e) of the first paragraph of Article 71 of this Law
with the banks that were abolished or transferred to the Fund, which were subject to liquidation or whose liquidation process was initiated.
banks, natural and legal persons and real persons specified in the first paragraph of this article.
and in-laws and/or in-laws acquired by third parties,
It is accepted that the goods, rights and receivables are acquired and/or acquired by using bank resources.
is done. Money acquired by these real persons and legal persons, all kinds of goods, rights and
The Fund is authorized to apply the provisions of this article on receivables. acquired in this way
and/or money, all kinds of goods, rights and receivables,
and/or sales to third parties after the use of the bank resources, transfers and
Any real or personal property established in favor of third parties with transactions such as assignment, limited real rights establishment
any right shall not prevail against the Fund. Whole and partial successors who are parties to these legal proceedings
acquired and/or acquired by all persons, including the above-mentioned transactions, after the realization of the above-mentioned transactions.
The provisions of this article shall also apply to the money, all kinds of goods, rights and receivables they have acquired.

The third parties that are a party to the above-mentioned transactions must obtain the bank's operating license.
or due to transactions after the transfer of management and control to the Fund,
Persons listed in the first paragraph of the article are to revoke the bank's operating license or
and in good faith due to the transactions before and/or after the transfer of its control to the Fund.
they cannot be found. Removal of the Bank's operating license or the management and supervision of the Fund.
transactions such as sale, lease, transfer and assignment before the transfer and establishment of real and personal rights.
The third parties involved in the transactions have to prove that they are in good faith.
Management and/or management of real and legal persons listed in the first paragraph of this article.
temporarily in companies and/or businesses under the control of
or permanently employed persons are its founder, partner, director or auditor
companies; without being bound by an employment contract, by proxy and/or commercial
as a representative and/or commercial agent and/or without a power of attorney.
Persons who represent temporarily and/or permanently based on legal relationship and those they represent
real and/or legal persons; by and/or by the persons specified in this paragraph
to the companies established without complying with the banking legislation and/or customs and/or without collateral.
and/or with insufficient collateral and/or generally the same address as the place of operation
to put provisions such as the right of withdrawal and/or the transfer of debt to the contracts made and/or used
The bank's management and control of the loans and/or bank resources they use by means of
real and legal entities that own and/or jointly own directly and/or indirectly
persons and/or their and/or the bank's affiliates and/or direct or indirect ties
transfer to the real or legal persons listed in the above paragraphs,
loans and/or bank resources used by real or legal persons who provide
directly and/or indirectly, individually or jointly, control and control the bank.
bank resources used by the shareholders holding the
This article is about the money, all kinds of goods, receivables and rights they have acquired and/or third parties.
provisions apply.

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9596
Operating license pursuant to subparagraph (e) of the first paragraph of Article 71 of this Law
controlling shareholders, members of the board of directors, supervisory board of the bank that was abolished or transferred to the Fund
members, general manager, deputy general directors and their spouses and children and adopted children,
between their relatives by blood and beech and members of banks authorized to sign
movable and immovable pledge, mortgage, right of superficies, usufruct and residence
Contracts relating to the establishment of any limited real right, such as the right to
any personal rights and/or transfer of possession, whether registered or annotated
with all kinds of savings, including contracts, and movables such as land, air and sea vehicles and mansions, villas,
Ordinary and revenue lease agreements for immovables such as the island, the site, all its annexes and the farm, movable
or immovable property, leasing agreements, the right to use satellite and cable channels,
broadcasting rights of television channels and newspapers, transferring and using the trademark and license
to pay premiums over European Union standards with contracts, administration and service mandate
life, private pension, old age and health insurance contracts and limited or
individual or mutual bank guarantees with unlimited credit card and ATM card contracts
letters of acceptance, credits, bills of exchange, and all kinds of share transfer agreements are approved by the Fund Board.
invalid by decision. Compensation to be filed by the other party due to the invalidity of these contracts
cases, and that there is no collusion in the contract and that the price paid with the contract is collusion.
The burden of proving that it is not fair value rests with the plaintiff.
The agreement regarding the borrower's suitable housing rental is within the scope of the above paragraph.
is outside.
The Fund provides precautionary measures against money, property, all kinds of rights and receivables related to the receivables listed in this article.
to lien, to protect and to be determined by the institutions and organizations to be determined by the Fund.
based on the value to be determined by taking into account the reports to be prepared,
authorized to take over.
The unfair transaction that caused the damage and/or the claim to these receivables.
Law No. 6183 on the Collection Procedure of Public Receivables from the date of
Overdue interest at the rate specified in Article 51 may be applied.
Administrative jurisdiction against transactions established by the Fund pursuant to the provisions of this article.
In order for the courts to make a stay of execution decision in the cases brought before the courts,
collateral is not required.
In the transactions to be made by the Fund pursuant to the provisions of this article, Turkish number 6762
The provisions of the Commercial Code are not applicable. These transactions are exempt from all kinds of taxes, duties and fees.
is kept. The powers granted to the Fund by this article are authorized without the need for any further action by the Fund.
It is finalized with the decision of the Fund Board. Of the transactions made, those that are subject to registration
upon request, it is registered and announced when necessary.
(Additional clause: 3 1 / 1 0 / 2 0 1 6 - Decree Law-678/33 art.; Adopted in kind: 1/2/20187071/ 31st art.) Management and auditing with dividend rights and internal partnership rights
The moment received by the companies or the subsidiaries of the Fund
all decisions, directives, circulars and signature statements subject to registration
Trade registry without the requirement of enoter approval upon the request of the Fund
Ex officio registration and registration without the inclusion of directors fine taxes, pictures and expenses
is announced.

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9597
Follow-up and follow-up to be applied in case of incomplete declaration of the amount of the insured deposit and participation fund
collection methods
Article 135 — The Law on the Central Bank of the Republic of Turkey No. 1211 and this Law
Insured deposit and participation fund declared to the competent authorities by the bank in accordance with
there is a difference between the amount of the deposit and participation fund determined by the Fund
in proportion to this difference, the chairman and members of the bank's board of directors and credit committee and the general
manager, assistant general managers, officers whose signatures bind the bank and branch managers
who, directly or indirectly, individually or jointly hold the management and control of
banks and non-bank financial institutions and other financial institutions belonging to themselves, their spouses and children.
the rights and receivables of real and legal persons, including the safe deposit boxes,
All bank accounts, including foreign currency deposit accounts and limited and unlimited credit and ATM cards
all kinds of movable and immovable, including land, air and sea vehicles,
valuable papers and domestic or foreign treasury bills, government bonds, stocks, mutual funds
with other securities such as certificates of participation, independent commercial enterprises, factories and facilities,
trademark and license rights for the operation of the facilities, arising from public concession agreements
A license that authorizes the establishment and operation of a facility such as a television channel, power plant,
license and operating rights and these facilities on the basis of the right to license or without the right to license
the power of disposition over the shares, rights and receivables of the companies that establish and operate
the removal of all or part of the specified goods, valuable papers, cash and other values.
precautionary injunctions on the memorandum and/or their records in the official registers,
to be deposited in its place and to put other measures on the rights and receivables,
all kinds of movable and immovable, rights and receivables, valuable papers, cash, a facility
trademark and license rights that give the right to operate and establish, license, license and operation of these facilities
owned by companies that operate, establish and hold rights with or without the right to
to take the measures specified for the shares, upon the request of the Fund, the relevant bank's
the magistrate in the place where the head office is located, and by the court during the trial.
the decision is made.
The Fund is responsible for the follow-up and collection of the above-mentioned difference in accordance with the provisions of this Law.
can be decided by These provisions apply to persons acting on behalf of the persons listed above or they
It also applies to persons who acquire money, property or rights on their behalf.
Requests for the measure will be made on documents by the judge or the court.
As a result of the examination, it is concluded immediately and finally within twenty-four hours. Disadvantage of delay
In cases deemed necessary, the Office of Chief Public Prosecutor may also decide to freeze the rights and receivables.
The Chief Public Prosecutor's Offices notify this decision to the magistrate within twenty-four hours at the latest.
The judge decides whether or not to approve this decision within twenty-four hours at the latest. Judge
Decisions not approved by the
The measures given by the criminal judge of peace, the court in which the injunction decision is located.
executed by the on-duty enforcement office in the place and the banking transactions of the Fund, the bank
where the injunction decisions were taken to remove the permission to make deposits and to accept deposits and participation funds.
not to file a criminal complaint within one year as of the date and/or according to Law No. 6183
Failure to initiate proceedings for the collection of the receivable and / or the legal process for the collection of the receivable
ends in case of not filing a lawsuit in the courts. During this period, the complaint

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and/or proceeding by the Fund in the way of collection of the receivable according to Law No. 6183
In case of litigation in civil courts for the initiation and/or collection of receivables,
measures continue until the Fund's receivables are fully collected. Court, this law
the amount paid and/or payable by the Fund in accordance with the provisions of the
decides to pay directly to the Fund. In this case, the measures shall be taken by the responsible persons of the amount of judgment.
money, property, rights and receivables and other assets subject to measures in accordance with this paragraph.
continues until his graduation.
It is the subject of the provisions in the above paragraphs and the responsible persons are divorced or widowed.
property and disposition of spouses, other blood relatives, in-laws and third parties
This article also applies to all property, limited real or personal rights and claims that have been transferred.
provisions apply. Opened or to be opened in relation to all these goods, rights and receivables
In the lawsuits, these persons are entitled to the presumption of goodwill in Article 3 of the Turkish Civil Code No. 4721.
and the presumption of ownership in Article 985 and the principle of good faith trust in all official registries.
cannot benefit. If they can prove that they have acquired it in good faith,
the actual amount of their payments, provided that they certify that it is the fair value that is not colluded.
it is decided by the court to take the responsible persons from their assets and other assets.
A license to conduct banking transactions and accept deposits and participation funds has been revoked.
Although he does not have a deposit and participation fund account at the bank, he
by presenting or having him or her present documents or documents that he knows are forged, to himself or to a
about persons demanding payment to someone else, by embezzlement or fraud, in the document
fraud, de-recording of transactions and false accounting or informatics
real crime for the crimes of blocking, disrupting the system, destroying or changing the data
punishable according to its provisions.
Due to acts committed before the effective date of this Law, this article
causing payment to be made or to be made by the Fund in accordance with its provisions.
This article is also about all kinds of property, rights and receivables belonging to individuals and their spouses and children.
provisions apply.
Legal guarantee of fund receivables
Article 136 – The provisions of this Law by the Fund in order to collect the receivables of the Fund.
Precautionary attachment or injunction given in lawsuits and proceedings filed and/or pursued within the framework of
money, all kinds of goods, rights and receivables on which a precautionary lien or injunction has been placed,
It constitutes the legal guarantee of the receivables subject to these lawsuits and until the decision is finalized or followed up.
continues until it is completed. Receivables decided by the court, money for which measures are taken,
from the cost of goods, all kinds of rights and receivables, 6183 of the State and social security institutions
First of all, as a privileged receivable, to come after the receivables under the Law No.
is charged. (one)
______________________
(1) According to Article 1 of the Law No. 5472 dated 8/3/2006, from the cost of all kinds of rights and receivables,
to come after the phrase "Law No. 6183 of the state and social security institutions
to come after the receivables within the scope of the text," has been added and is included in the text.

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burden of proof
Article 137 – Provisions of Articles 108 and 110 of this Law by the Fund
The burden of proof in the lawsuits filed or to be filed pursuant to this is on the defendants.
Exceptions regarding the follow-up and collection of fund receivables
Article 138 – All kinds of lawsuits and enforcement proceedings to which the Fund is a party are partially or
in the event that it results completely against the Fund, the compensation written in the Execution and Bankruptcy Law No. 2004
and penalties do not apply to the Fund.
Pursuant to Article 107 of this Law, a bank's debts, commitments
in relation to these debts, commitments and receivables
statute of limitations and deprivation of rights in lawsuits and enforcement proceedings that have been or will be filed
any period, including periods, from the date on which the receivable is taken over or the debt, commitment is undertaken.
From now on, it stops for nine months in terms of the Fund.
In case the Fund participates in the tenders regarding the implementation of this Law,
collateral is not required.
In the proceedings in which the fund is a creditor and in accordance with the Execution and Bankruptcy Law No. 2004
Objections made by the debtors do not suspend the proceedings other than sales.
The debtors of the appraisals and sales announcements made in the files to which the fund is credited
the last known, if any, notification, provided that the periods specified in the announcement are valid.
with the notification to be made to their address, if not, by the announcement of the situation.
In the execution files of which the Fund is the creditor, the sales prices to be paid to the Fund are as follows.
It is paid without a guarantee, without waiting for the finalization of the schedule.
Powers of the Fund regarding its subsidiaries
Article 139 – The Fund is responsible for the banks' own operating licenses which have been revoked or transferred to the Fund.
Affiliates with economic value and Article 134 of this Law and this Law are repealed.
within the scope of paragraph (7) of Article 15 of the Banks Law No. 4389, which was repealed.
Turkish Commercial Code No. 6762 regarding the companies that it has taken over the management and control of
including capital increases to be made without applying the provisions of
for the restructuring and the collection of the Fund's receivables, the goods, rights and
The procedure and procedures to be determined by the Fund Board in order to protect and evaluate the receivables
It is authorized to take all kinds of measures, including providing financial resources, within the framework of the principles.
Financial exceptions for banks whose funds and operating licenses have been revoked
Article 140 – The Fund is exempt from all kinds of taxes, duties and charges.
Bankruptcy and liquidation of banks whose operating licenses have been revoked or whose liquidation is carried out by the Fund.
undertaking of its debts and/or commitments by the Fund and/or
In the event of its receivables being taken over, the Fund's debts and/or commitments and
transfer and assignment agreements regarding the receivables it has taken over, establishment of all kinds of guarantees and
cancellation of contracts, litigation and enforcement proceedings and these debts and/or
any other transactions related to receivables and/or commitments and
the papers issued, all kinds of taxes, duties, fees, funds and the Court with the Prison No. 2548
Fees for the Construction of the Buildings and Food Fees to be Made to the Prisoners
It is an exception from the provision of Article 1 of the Law.

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All kinds of taxes, duties, charges and fees, including the collection fee to be paid by the debtor.
Expenses cannot be deducted from this receivable. Revolving fund fee arising from these transactions
and no other deductions are made.
Consent or execution of a property by the Fund or Fund banks in return for the Fund receivable
In case of purchase, the taxes, duties, taxes that the parties are obliged to pay in relation to these transactions,
Financial obligations such as fees and revolving funds are not required.
Bankruptcy and liquidation of the Fund, Fund banks and banks whose liquidation is carried out by the Fund
administrative authorities have been charged to the other party in the process of receiving the court order and issuing it to the notification.
payment of the fee and all kinds of precautionary measures, precautionary attachment and postponement of execution requests.
condition is not required.
In cases related to fund receivables, the Code of Civil Procedure No. 1086
the provisions of the rapid procedure procedure are applied.
Bankruptcy and liquidation of the Fund, Fund banks and banks whose liquidation is carried out by the Fund
administrations, due to the above-mentioned transactions, and/or other real and
contracts, documents and other papers drawn up due to transactions with legal entities,
their replacement, renewal, extension, transfer or a new amortization plan.
bonding, securing the receivables, transferring the guarantees, settlement of the parties and/or
due to being released and/or subjected to any action under any name.
The papers and / or documents issued are subject to all kinds of taxes, duties and fees and special laws.
exemption from the imposed financial obligations. This provision applies to third parties,
and/or a bank transferred to the Fund and/or bankrupt banks whose liquidation is carried out by the Fund
related to the collection of receivables of bankruptcy administrations, liquidation administrations of banks subject to liquidation.
applies if they are a party to the transactions.
Borrowing and advances to be made by the Fund pursuant to Article 131 of this Law
transactions are exempt from all kinds of taxes, duties and fees.
Fund banks, bankruptcy of banks whose operating licenses have been revoked or whose liquidation is carried out by the Fund.
and all kinds of transactions, lawsuits and executions to be carried out by the liquidation administrations to ensure the collection of their receivables.
follow-ups, the finalization of these lawsuits and proceedings by being accepted by the debtors,
for taxes, duties, fees and funds and for the construction of prisons and court buildings no. 2548
1 of the Law on Fees to be Taken and Food Fees to be Charged to Prisoners
It is an exception from the provision of article th.
Social Insurances of banks whose operating licenses have been revoked, funds of Fund banks
In case of transfer to its institution, the activity permit shall be obtained for the actual and technical deficits determined by the actuaries.
It cannot be recourse to the abolished bank, the Fund and/or the Fund banks.
Time out
Article 141 – In lawsuits and proceedings regarding Fund receivables arising from this Law
The statute of limitations is twenty years.
Competent and competent court
Article 142 - Bankruptcy and liquidation of the Fund, Fund banks and banks whose operating licenses have been revoked
Civil lawsuits filed by the administrative authorities are dealt with by the commercial court of first instance. HE IS
Where there is more than one commercial court of first instance, these cases are dealt with numbered (1) and (2).
before the commercial court of first instance.

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Bankruptcy and liquidation administrations of the Fund, Fund banks and banks whose operating licenses have been revoked
against persons whose treatment center or residence is within the borders of Istanbul province.
Legal cases to be filed and bankruptcy cases to be filed against debtors in Istanbul (1) and (2)
It is handled by the commercial court of first instance no. In the event of a bankruptcy case, this court
The place where the treatment center of the debtor whose bankruptcy is requested is located before the commercial court of first instance.
declares that a bankruptcy case has been filed against the debtor.
In accordance with the powers and duties given to the Fund by the provisions of this Law,
All kinds of cases are also tried during the judicial holiday, in these cases the experts work in official institutions and organizations.
He is elected from among those who do, and the hearings are not interrupted for more than thirty days.
asset management company
Article 143 - Receivables of other financial institutions, including banks and the Fund, and other
for the purpose of purchasing, collecting, restructuring and selling its assets.
Asset management companies whose operating principles are determined by the Board may also be established. Presence
collection of receivables from management companies and repayment of receivables and/or other assets
Real estate or other property, rights and property acquired for the purpose of collecting receivables within the scope of restructuring
operating, leasing and investing in assets and collecting receivables
to provide additional financing to its debtors or to participate in their capital for the purpose of
authorized to carry out any activity.
(Additional clause: 2/1/2017-KHK-684/5 art.; Adopted in kind: 1/2/2018-7074/5 art.)
More than half of the capital is publicly owned, directly or externally.
assets of the receivables of banks owned or controlled by the public
to determine the principles and procedures to be applied in the e-sales of the management companies.
The board is authorized.
By providing capital to the asset management companies to be established, the fund is a founding partner or
is authorized to participate as a shareholder.
Asset management companies in which the Fund has at least 20% shareholding
Regarding the receivables, the eighth paragraph of Article 132 and Article 138 of this Law
uses the rights and powers granted to the Fund in the fifth paragraph.
Asset management companies were born or have arisen due to their transactions within this scope.
Provision is made to cover expected but uncertain amount of losses.
they have to separate. The qualifications of the receivables for which provision will be made and the principles and procedures regarding the provisions.
procedures are determined by the Board. Asset management companies set aside in accordance with this paragraph
All of the provisions are considered as expenses in the determination of the corporate tax base in the year they are allocated.
is done.
With the asset management companies established within the scope of this Law and the Financial Sector No. 4743
About Restructuring of Debts and Amending Some Laws
Pursuant to the seventh paragraph of Article 3 of the Law, which was repealed by this Law, the Board
Transactions of asset management companies established within the scope of the regulation
and the related papers, including the establishment procedures, in which they were established.
to be paid in accordance with the Stamp Duty Law No. 488 during the calendar year and the following five years.
stamp tax, fees to be paid in accordance with the Fees Law No. 492, under any name
Regardless of the amount to be collected, the amount to be paid in accordance with the Expense Taxes Law No. 6802,
tax on insurance transactions, deductions to the resource utilization support fund
and Article 39 of the Law No. 4054 on the Protection of Competition.

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Assumption of these debts, commitments or receivables by the asset management company,
In case of acquisition of assets, follow-up regarding these debts, commitments, receivables and assets.
in all kinds of criminal cases that have been or will be opened, including crimes related to the complaint,
as the victim of the crime, from the date on which the debt is taken over or the commitment is undertaken,
The asset management company automatically becomes a participant.
Asset management companies established before the publication of this Law
carry out their activities subject to its provisions.
PART THIRTEEN
Other Provisions
Interest rates and other benefits (1)
Article 144 - Central Bank, banks' lending transactions and deposits
the maximum interest rates to be applied in the acceptance of profit and loss in participation accounts.
rates, fees, expenses, commissions they will derive from all kinds of transactions, including special current accounts.
and to determine the characteristics and the maximum amount or ratio of other benefits, to partially
or completely free. (Repealed sentence: 20/2/2020-7222/13 art.) (…) (2)
monetary amounts
Article 145 - With the exception of the provisions regarding fines, the monetary penalties in this Law
Each of the amounts and limits is determined, in whole or in part, by the State Institute of Statistics each year.
not exceeding the amount required by the increase rate in the annual producer price index announced
It can be increased by the decision of the Board.
PART FOURTEEN
Sanctions, Investigation and Prosecution Provisions
FIRST PART
Administrative Fines
Administrative fines for establishments
Article 146 — (Amended: 20/2/2020-7222/14 art.)
By the decision of the Board and by stating the reason, the organizations within the scope of this Law,
of the Law;
a) In case of opening branches and representative offices in violation of Articles 13 and 14, one hundred thousand
From Turkish lira to two hundred thousand Turkish lira,
b) In case of violation of the provisions of the second and fourth paragraphs of Article 18, one hundred thousand
From Turkish lira to two hundred thousand Turkish lira,
c) Assignment in violation of Article 25 or as specified in Article 26.
five hundred thousand Turkish liras from one hundred thousand Turkish liras, in the event that persons are employed in prohibited positions.
up to lira
–––––––––––––––
(1) With the 166th article of the Decree Law No. 703 dated 2/7/2018, the “Council of Ministers” in this article
The words were changed to "President".
(2) With the 13th article of the Law No. 7222 dated 20/2/2020, the first sentence of the first paragraph
The phrase “President” is “Central Bank”, “to be provided in the transactions specified in this article”
The phrase has been amended as “the fee, expense, commission and fee they will derive from all kinds of transactions”.

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d) In case of violation of the provisions of Article 28, one hundred thousand Turkish lira out of fifty thousand Turkish lira
up to lira
e) Articles 33 or 34 or the first paragraph of Article 37, 38, 39 or
In case of violation of Article 42, from fifty thousand Turkish lira to one hundred thousand Turkish lira
until,
f) In case the notifications stipulated in Article 43 are not made, fifty thousand Turkish
from lira to one hundred thousand Turkish lira,
g) In case of non-compliance with the credit prohibitions in Article 50, less than fifty thousand Turkish liras
up to five percent of the loan granted,
h) In case of violation of Article 52, one hundred thousand Turkish lira out of fifty thousand Turkish lira
up to lira
i) In case the provisions required to be set according to Article 53 are not established,
Not less than one hundred thousand Turkish liras, five percent of the reserve amount to be set aside.
until,
j) In case of non-compliance with the credit limits in Article 54, five hundred thousand Turkish
up to five percent of the amount that constitutes the contradiction, not less than
k) In case of acquiring partnership shares in violation of Article 56, five hundred thousand Turkish
up to five percent of the amount that constitutes the violation, not less than
l) In case of violation of the prohibitions and restrictions in Article 57, five hundred thousand Turkish
up to five percent of the value subject to prohibition and limitation, not less than
m) Not to be less than five hundred thousand Turkish liras in violation of the provision of Article 58
In case of non-compliance with the limitation in Article 59, five hundred thousand
Not less than Turkish lira, up to the amount of the violation,
n) In case of non-compliance with the fifth and seventh paragraphs of Article 60, five hundred thousand Turkish
from Turkish lira to one million Turkish lira,
o) In case of violation of Articles 61 and 76, one out of five hundred thousand Turkish liras
up to million Turkish lira,
p) Within the scope of Articles 95 and 96, by the Authority within the scope of this Law.
In case the information requested from the institutions is not sent, fifty thousand Turkish liras to five hundred thousand
Turkish lira, from fifty thousand Turkish lira to five hundred thousand Turkish lira if it is sent late, incomplete
information, contain control errors or persistence of control errors
from fifty thousand Turkish liras to five hundred thousand Turkish liras,

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r) Failure to comply with the decisions taken and regulations made pursuant to Article 144
five hundred thousand Turkish liras, and the amount or rates determined by the Central Bank.
up to ten times the amount that is in contradiction with the said amount and rates,
s) Manipulation and misleading transactions in financial markets within the scope of Article 76/A
In the event that benefits are provided to those who perform the transactions and practices considered as
included in the previous year-end financial statements, provided that it is not less than twice the benefit provided.
the sum of interest, profit share income, fees and commissions received and banking service incomes.
up to five percent
administrative fine is applied.
The Board considers that the violation has been committed more than once until the sanction decision is taken or
The repetition of the same violation within two years from the implementation of the administrative fine.
It is authorized to apply by increasing the amounts in this article up to two times, taking into account the
Articles 68, 69 and 70 of this Law shall determine the penalties to be imposed pursuant to this article.
50 percent for the banks that have been applied, and one hundred percent for the banks to which Article 71 is applied.
is authorized to download.
Administrative fines related to the persons concerned
Article 147 – By the decision of the Board and by stating the reason, the relevant real and legal entities
persons, this Law;
a) In case of violation of the first, second or fourth paragraph of Article 18, one hundred thousand
From Turkish Lira to two hundred thousand Turkish Lira (2)
b) In case of violation of Article 36, from one hundred thousand Turkish Liras to two hundred thousand Turkish Liras
up to (2)
c) In case of violation of Article 38, from fifty thousand Turkish Liras to two hundred thousand Turkish Liras
up to (2)
Administrative fines are applied.
Administrative money due to acts contrary to restrictions, decisions and regulations
fines
Article 148 – By the decision of the Board and by stating its justification,
to real and legal persons related to organizations;
a) Limitations in this Law or the regulations issued pursuant to this Law.
in case of non-compliance, the amount constituting the violation shall not be less than five hundred thousand Turkish Liras.
up to five percent (3)
b) According to the relevant articles, taken by the Board and the Institution based on this Law
decisions and instructions given, regulations and communiqués issued and other regulations made.
in case of non-compliance, from fifty thousand Turkish liras to five hundred thousand Turkish liras,
Administrative fines are applied. (Additional sentence: 20/2/2020-7222/16 art.) Board, sanction decision
until the violation is committed more than once or that the administrative fine
Taking into account the repetition of the same violation within two years from the implementation of this
It is authorized to apply by increasing the amounts in the paragraph up to two times.
Right of defense and decision of closure
Article 149 – The defense of the person concerned whether administrative fines will be applied or not.
after the decision is made. One month from the date of notification of the letter regarding the request for defense
In the event that a defense is not given within this period, the right of defense shall be deemed to have been waived.
Branches opened in Turkey in violation of the provisions of Article 13 of this Law and
The provisions of subparagraph (a) of the first paragraph of Article 146 are applied about the representative offices.
However, these may be closed temporarily or permanently by the governorships upon the request of the Institution.
–––––––––––––––
(1) With Article 166 of Decree Law No. 703 dated 2/7/2018, the phrase “Council of Ministers” in this paragraph
Changed to "President".
(2) With the 15th article of the Law dated 20/2/2020 and numbered 7222, the clause (a) of the first paragraph
The phrase "five thousand New" is in the form of "one hundred thousand", the phrase "fifteen thousand New" in the form of "two hundred thousand", in subparagraph (b)
The phrase "five thousand New" in the form of "one hundred thousand", the phrase "twenty thousand New" in the form of "two hundred thousand", in subparagraph (c)
The phrase “five thousand New” in the form of “fifty thousand”, the phrase “twenty thousand New” in the form of “two hundred thousand”
has been changed.
(3) 2/20/2020, dated 7222 Law No. 1 6 with the article, the first article (a) involved in clause
The phrase "ten thousand New" was changed to "five hundred thousand", the phrase "five per thousand" was changed to "five percent",
The phrase "and the instructions given", to come after the phrase "decisions taken" in subparagraph (b)
added, the phrase "five thousand new" in the same paragraph is in the form of "fifty thousand", the phrase "ten thousand new" is "five hundred"
changed to “thousand”.

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SECOND PART
Crimes
to operate without permission
Article 150 – Operating like a bank without obtaining the necessary permits pursuant to this Law.
real persons and legal entities that display or accept deposits or collect participation funds.
shall be sentenced to imprisonment from three to five years and a judicial fine of up to five thousand days.
In addition, in the event that this crime is committed within a workplace, these workplaces have a period of one month to one year,
In case of recurrence, it may be decided to close it permanently.
All kinds of documents in trade names without obtaining the permissions required in accordance with this Law,
In their announcements and advertisements or in their public statements, they may use the name of the bank or such as a bank.
the impression that they are operating or that they are collecting deposits or participation funds, such as banks.
Natural persons and officials of legal entities, who use words and phrases that will arouse
shall be punished with imprisonment up to one year and a judicial fine up to five thousand days. In addition, one of these businesses
from a month to a year, in case of recurrence, it can be decided to close it permanently.
(Amended paragraph: 20/2/2020-7222/17 art.) In case of contradiction to the above paragraphs, the Institution's
filing a lawsuit by the magistrate, upon the request of the relevant Chief Public Prosecutor's Office,
In the event of a lawsuit, the activities of the workplaces and advertisements are temporarily suspended by the court that hears the case,
advertisements are collected, in case it is determined that these violations are processed via the internet.
If content and hosting providers are in Turkey, access to websites is blocked. These measures dominate
continues until it is removed by decision. Appeals against these decisions are open.
(Additional paragraph: 20/2/2020-7222/17 art.) The content and content of the contradictions in the first and second paragraphs
In case the hosting providers are carried out through websites located abroad, this
access to websites, Information Technologies and Communications Authority upon the application of the Authority
blocked by.
Blocking the rights of deposit and participation fund owners
Article 151 – Those who violate the provision of Article 61 of this Law
shall be punished with imprisonment up to one year and a judicial fine up to five hundred days.
Not taking corrective, remedial and restrictive measures
Article 152 - Articles 68, 69 and 70 of this Law and repeal with this Law
According to Article 14 of the Banks Law No. 4389, which was repealed, by the Board or the Institution.
Members of banks who do not take the measures requested to be taken, who are obliged to take these measures,
imprisonment from two to four years and a judicial fine from one thousand days to five thousand days.
they are punished.
Failure to take the measures specified in the first paragraph, to the partners of the bank with qualified shares.
or less than four years if it is done to benefit their affiliates and organizations.
imprisonment of up to one year and a judicial fine of up to ten thousand days.
Failure to provide the information and documents requested by the competent authorities and inspection officers, and
prevent them from doing their job
Article 153 – Requests by the authorities and inspection officers authorized by this Law
information and documents as well as the consolidated financial statements of the companies within the scope of this Law.
A person who does not provide the information and documents requested within the scope of Article 38 in order to prepare
imprisonment from one year to three years and a judicial fine from five hundred days to one thousand five hundred days.
punished.
The person who prevents the inspectors authorized by this Law from performing their duties
punishable with imprisonment from two to five years.
Violating the obligation to keep documents
Article 154 - Retention of documents specified in Article 42 of this Law
Those who do not comply with their obligations are subject to imprisonment from one year to three years and from five hundred days to one thousand five hundred days.
shall be punished with a judicial fine.

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make a false statement
Article 155 – Organizations within the scope of this Law, with the authorities indicated in this Law
inaccuracies in the documents they have given or published to the inspectors and the courts.
Due to the declarations, signing them and all kinds of documents that are the basis for their arrangement
Those who do so are punished with imprisonment from one year to three years and a judicial fine not less than one thousand five hundred days.
punished.
Derecognition of transactions and false accounting
Article 156 – The transactions of the organizations within the scope of this Law are unregistered.
are accounted for in a way that does not correspond to their true nature,
legal and auxiliary books and records, branches, domestic and foreign correspondents and accounts
because they closed their year-end balance sheets without reaching an agreement, they and their
Those who sign all kinds of documents, which are the basis for the regulation, are sentenced to imprisonment from one year to three years.
shall be punished with a judicial fine not less than one thousand five hundred days. untrue
The officers of the independent audit firm who approved these documents even though they knew that they were issued
punished accordingly.
Blocking, corrupting, destroying or modifying the system
Article 157 – Institutions subject to this Law, Article 244 of the Turkish Penal Code No. 5237
The crime of blocking, disrupting, destroying or changing the system defined in Article
It is considered as a bank or credit institution in terms of
Damage to reputation
Article 158 – Those who act in violation of Article 74 of this Law are subject to a period of one to three years.
shall be punished with imprisonment from up to ten thousand days and a judicial fine from one thousand days to two thousand days.
If a private or public damage arises as a result of the act written in the above paragraph,
the penalty is increased by one sixth.
Disclosure of secrets
ARTICLE 159 – In the first and third paragraphs of Article 73 of this Law,
for those who do not comply with the obligation, imprisonment from one year to three years and judicial proceedings from one thousand days to two thousand days.
fine is imposed. About third parties who disclose the secrets of the bank and customers.
same penalties apply.
The persons mentioned in the above paragraph are not allowed to use their secrets to benefit themselves or others.
The penalties to be imposed shall be increased by one sixth. Also, the importance of the verb
According to the law, it is less than two years for the responsible persons to work in the organizations covered by this Law.
shall be temporarily or permanently prohibited.

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Debit
Article 160 - Person whose possession has been transferred to him due to his duty or
money or money substitutes or bills or other goods for which he is obligated to
the chairman and members of the bank's board of directors, who embezzled himself or someone else, and other
members are punished with imprisonment from six to twelve years and a judicial fine of up to five thousand days.
as they will be punished, they will be sentenced to indemnify the loss suffered by the bank.
The crime is committed with fraudulent behavior to ensure that embezzlement is not disclosed.
In the event of a crime, the perpetrator is sentenced to imprisonment not less than twelve years and a judicial fine up to twenty thousand days;
however, the amount of the judicial fine cannot be less than three times the loss suffered by the bank. also
In case of non-payment of the damage caused, the court is ordered to make it pay ex officio.
A bank whose operating license has been revoked or transferred to the Fund; legal or de facto management
and the resources of the real person partners, the credit institution that have control,
directly or indirectly, in a way that jeopardizes the safe operation of the credit institution.
by making them use the credit institution for their own or others' interests,
Any damage done by any means is considered as embezzlement. Those who commit these acts
shall be sentenced to imprisonment from ten to twenty years and a judicial fine of up to twenty thousand days;
however, the amount of the judicial fine cannot be less than three times the loss suffered by the bank. Also,
It is decided that the damage caused will be paid severally.
(Additional clause: 2/1/2017-KHK-687/4 art.; Adopted in kind: 1/2/2018-7076/4 art.) Banking
Making loans in accordance with the legislation and banking procedures and principles, extending these loans
or by providing additional credit, installments, securing or by other methods.
Configuration operations do not constitute embezzlement.
Prior to the commencement of the investigation, embezzled money or money substitutes or
the return of the bills or other goods in their original form, or full compensation for the damage suffered.
two-thirds of the penalty to be imposed is reduced.
Before prosecution begins, voluntarily, in lieu of money or money embezzled
the return of the documents or bills or other goods as they are, or the loss of
in case of full compensation, half of the penalty to be imposed is reduced. Before this situation
in the event of a penalty, one third of the penalty to be imposed is reduced.
Money or money substitute documents or bills that constitute the subject of the crime of embezzlement.
or due to the low value of other goods, the penalty to be imposed is reduced from one third to half.
Violations of other laws
Article 161 – Acts and acts constituting a crime according to this Law can also be performed according to other laws.
if it requires punishment, the article of law that imposes the heaviest penalty on the perpetrators is applied.
The provisions of the Turkish Commercial Code No. 6762 that require responsibility are reserved.
THIRD PART
Prosecution Procedure
Written application and intervention
Article 162 – Investigation and prosecution regarding the crimes specified in this Law,
It is subject to a written application to the Office of the Chief Public Prosecutor by the Institution or the Fund.
This application is a condition of reasoning. However, as specified in the third paragraph of Article 160,
investigations and prosecutions for crime upon written notification of the Institution or Fund, or
In cases where it is considered objectionable to delay, it is made by the Public Prosecutors ex officio and the Institution and Fund
is notified. In public lawsuits filed as a result of investigations carried out pursuant to this paragraph,
In the event that the Institution or Fund makes an application, they do not become intervening at the date of application.
they win.

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Lawsuits of those concerned for damage to reputation, disclosure of secrets and embezzlement
and the provisions of the Code of Criminal Procedure dated 4.12.2004 and numbered 5271 are reserved.
Objection and notification
Article 163 – Investigations initiated pursuant to Article 162 of this Law
If it is decided that there is no basis for prosecution as a result of this decision, this decision is made to the Institution or
It is communicated to the Fund and the relevant bank. The Institution, the Fund and the relevant bank are notified of this
It is authorized to appeal against the decisions according to the Criminal Procedure Law No. 5271.
In case of a public action, a copy of the indictment may be submitted to the Institution or the Fund, depending on its relevance.
is communicated.
special mission
Article 164 - Corrective, remedial and restrictive measures defined in this Law
non-recording of transactions, false accounting and embezzlement crimes
blocking, disrupting the system, destroying or changing data, banking and customer secrets.
disclosure, qualified fraud committed within the framework of banking activity,
To establish, manage or become a member of an organization for the purpose of processing
cases related to crimes that fall under the jurisdiction of the heavy penal court,
It is heard in the heavy penal courts numbered (1), which is named after the province where the place of committing is committed.
Judges and Prosecutors, upon the proposal of the Ministry of Justice, where deemed necessary.
Other heavy penal courts in those places are also appointed by the Board to deal with such crimes.
may be appointed or a new heavy penal court may be established.
Expert examination
Article 165 - Regarding the implementation of this Law, in this Law and other laws
In criminal cases filed due to the foreseen crimes, the expert submits his/her report to the file itself.
to the court within three months starting from the date of issue. This period is determined by the judge to two months.
can be extended. If the report is not submitted to the court within this period, the duty, wage
is taken from the expert without payment and a new expert is appointed. In this way, the duty of expert
Persons who are taken into custody cannot be appointed as an expert in any case within the scope of this Law for a period of one year. It
persons, to pay the costs caused by not submitting the reports on time, and also to pay five hundred
They are sentenced to a judicial fine up to the next day. The case on the date of deposit of the file to the expert
the statute of limitations stops. This period starts from the date when the expert submits his/her report to the court.
continues where it left off.
Law filed by Institution, Fund, Fund banks and bankruptcy administrations of banks
In cases where it is deemed necessary in the court cases, in the expert examinations to be made, the expert shall
to the court within three months starting from the date the file is given to him. This time prevails
can be extended by up to two months. If the report is not submitted to the court within this period,
the duty is taken from the expert without payment and a new expert is appointed. This is the duty of the expert
the persons taken from him, for a period of one year, as an expert in any case within the scope of this Law.
they cannot be appointed. These persons are obliged to pay the costs caused by not submitting the reports on time, and
they are also sentenced to a judicial fine of up to five hundred days.

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Special investigation and prosecution
Article 166 – Investigation and investigation of crimes falling under the third paragraph of Article 160
The following provisions apply to prosecutions:
a) The investigation may be carried out by the Chief Public Prosecutors or
It is carried out personally by the public prosecutors to be appointed. These offenses are committed while on duty or
Even if they are committed due to duty, a direct investigation is made by the public prosecutors.
b) In the investigation and prosecution of these crimes, Criminal Procedure No. 5271
Articles 135 to 138 of the Law are also applied.
c) Law enforcement in investigations and prosecutions related to these crimes; investigation and prosecution
suspects, defendants, witnesses, experts and those who have been harmed by the crime, the public prosecutor or
ready on the day, time and place specified by the order of the regent or the rogatory judge.
has to keep. This order is a warning letter to the law enforcement about those who were summoned.
such as the authority to use force.
d) Chief Public Prosecutor's Offices, if necessary in the investigation of these crimes, temporarily
General budget departments and annexed budget administrations, within or outside the jurisdiction,
from buildings, vehicles, equipment and personnel belonging to all public institutions and organizations, municipalities, banks.
they can request to take advantage of. These requests are made by the relevant institutions and authorities.
carried out without delay. Responsible persons who do not fulfill these requests without any excuse,
shall be punished with imprisonment from three months to six months.
e) Where the investigation necessitates, the crime scene or places where evidence is found.
an investigation is made.
f) Until the conclusion of the investigation, all kinds of goods, receivables, money and
the decision of the judge for his other belongings, in case of inconvenience in delay, written by the public prosecutor.
confiscated by order. Everything that those who participated in these crimes and the perpetrators of these crimes obtained due to these crimes
blood and in-law relatives and third parties obtained as a result of the transfer of all kinds of unfair gains
The property, receivables or other things in his possession are also confiscated with the written order of the public prosecutor.
is placed.
g) The seizure decision shall be approved by the authorized and assigned criminal judge of peace within twenty-four hours.
is presented. The judge will announce his decision within forty-eight hours. Otherwise, the seizure will be void.
Execution
Article 167 – Those convicted of the crimes listed in Article 160,
He did not pay the debts and compensations to the Treasury or these debts and compensations
Unless the assets can be collected, conditional release provisions for them
not applicable.
PART FIFTEEN
Final Provisions
Removed and changed provisions
Article 168 – A) Except for the regulations in the temporary articles of this Law,
The Banks Law dated 18.6.1999 and numbered 4389 and its annexes and amendments are repealed.
has been removed.

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B) Regarding money lending and financial leasing activities, excluding lending
as the Undersecretariat of Treasury and the Undersecretariat of Foreign Trade, dated 9.12.1994 and numbered 4059.
Provisions regarding the duties and powers in the Law on Duties and Duties are repealed.
has been removed.
C) (It is related to the Financial Leasing Law dated 10.6.1985 and numbered 3226 and is replaced by
processed.)
D) (Law on Money Lending, dated 30.9.1983 and numbered 90)
It is related to the Decree-Law and has been replaced.)
E) (Law on Money Lending, dated 30.9.1983 and numbered 90)
It is related to the Decree-Law and has been replaced.)
F) With the Law on the Central Bank of the Republic of Turkey dated 14.01.1970 and numbered 1211
is relevant and has been superseded.)
G) (It is related to the Passport Law Law No. 5682 dated 15.7.1950 and is replaced by
processed.)
H) ( It is related to the Law No. 4743 dated 30.1.22002 and has been replaced.)
I) (Related to and replaced by the Law on Iller Bank Law No. 4759 dated 13.06.1945)
processed.)
İ) (It is related to the Allowance Law dated 10.2.1954 and numbered 6245 and has been replaced.)
J) Türkiye Vakıflar Bankası Türk Anonim Ortaklığı (Dated 11.1.1954 and numbered 6219)
It is related to the Law and has been processed in its place.)
References to repealed laws
Article 169 – Banks Law No. 3182, repealed in other laws and with this Law
References to the repealed Banking Law No. 4389 refer to the relevant provisions of this Law.
shall be deemed to have been made.
It is repealed in other laws and by the repealed Banks Law No. 3182 and this Law.
References to private finance institutions in the Banks Law No. 4389, which was repealed,
deemed to have been made to banks.
Risk Center
Additional Article 1 — (Annex: 13/2/2011-6111/149 art.)
Before the Banks Association of Turkey, credit institutions and financial institutions to be approved by the Board
to collect risk information of customers of organizations and to communicate such information with these organizations.
real or legal persons themselves or with their consent, real persons and private
A Risk Center was established to ensure that it is shared with legal entities as well. (one)
Credit institutions and financial institutions deemed appropriate by the Board are members of the Risk Center.
it has to be. Member organizations can provide all kinds of information about their customers requested by the Risk Center.
obliged to give Risk Center tries to stop the flow of information to those who do not comply with this obligation.
is authorized.
The Risk Center is a staff member to be determined by the Agency and the Central Bank.
It is administered by a management consisting of nine members, including one member. Risk Center
The members constituting the management are elected to serve for a three-year term.
_____________
(1) From the phrase “private law” in this paragraph with Article 41 of the Law No. 6456 of 3/4/2013
The phrase “natural persons and” has been added to come first.

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Risk Center management, private law legal entity in line with the establishment purposes of the Risk Center.
individuals and public institutions and organizations, professional organizations in the nature of public institutions and
requesting information from their superior organizations and with the approval of the Board.
is authorized to sign contracts for information exchange. Private law legal entities and public
institutions and organizations, professional organizations in the nature of public institutions and their superior organizations
They are obliged to provide the information requested by the Risk Center management. credit institutions
and financial institutions deemed appropriate by the Board, provided that their customers approve.
Private law legal entities and public institutions and organizations that have signed an information exchange agreement with
institutions, professional organizations as public institutions and their superior organizations,
risk information of customers before these institutions, fourth paragraph of Article 73 of the Law
considered within the scope.
The establishment, activity and operation of the Risk Center,
formation, collection and decision making, the scope, form and nature of the information given to the Risk Center.
the content and sharing thereof, the scope and content of the information to be shared,
The procedures and principles regarding the remuneration of the members and the determination of the dues to be paid by the members, Turkey
Participation Banks Association and financial institutions determined by the Board are members.
Turkey by taking the opinion of the professional organizations and the approval of the Board and the Central Bank.
It is determined by the Banks Association and published in the Official Gazette.
Dues and commissions not paid by the members on time Turkey Banks
It is collected by the Union by applying legal means.
The Institution audits the Risk Center when necessary, the procedures and principles regarding the audit are determined by the Institution.
determined by.
The Risk Center sends any information it collects to the Institution and the Central Bank in the requested format and format.
obliged to give in due time. In addition, by stating the reason of real or legal persons, the risk
make a written request to be given their information or contact credit institutions.
A real person or private law legal entity other than financial institutions deemed appropriate by the Board.
If it is proved that they have given their consent to the person to be given such information, the bet will be placed.
The subject information is also provided for a certain fee to be borne by the requesting party. (one)
All transactions and records of the Risk Center are confidential. Disclosure of the secret owner's information
risk information is given to the person he/she identifies, if he/she has express consent. of the person
The procedures and principles regarding the submission of information based on the consent of the Board and the Central Bank
the appropriate opinion, the institutions and organizations to be determined by the Participation Banks Association of Turkey and the Board.
It is determined by the Banks Association of Turkey by taking the opinion of the institutions and published in the Official Gazette.
is published.
Confidential information held by the Risk Center is authorized by law in this regard.
Those who disclose to others from the authorities, unlawfully, for the benefit of themselves or someone else.
Article 159 on those who use, disseminate, give, transmit or seize
provisions apply. Within the framework of the activity of a legal person, the crimes defined in this paragraph
security specific to legal persons, according to the Turkish Penal Code, regarding the legal person concerned.
measures are taken.
_________
(1) Article 41 of the Law No. 6456 of 3/4/2013 and the phrase "a private law" in this paragraph
It has been changed to “a natural person or private law”.

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The Risk Center shall keep all kinds of information exchange before it, the fourth paragraph of Article 73.
to be made through and with companies established by at least five banks in accordance with the
can also be done under contracts.
Provisional Article 1 – Regulations, communiqués and decisions to be issued pursuant to this Law shall enter into force.
until the entry into force, the regulations enacted on the basis of the repealed provisions shall be contrary to this Law.
provisions that do not apply will continue to apply.
The regulations envisaged in this Law shall be put into effect within one year.
Provisional Article 2 — Provisions of temporary article 2/a of the Law No. 4672 dated 12.5.2001
reserved.
Provisional Article 3 – On the effective date of this Law,
All banks that have been granted an operating license shall comply with the laws prior to the effective date of this Law.
continue their activities as appropriate. Banks to enter into force of this Law
to the Institution, within two months from the date of entry of the declaration, which states the fields in which they operate.
they give. Banks shall carry out their activities within the scope of Article 4 of this Law.
Before expanding their subjects, they must obtain permission from the Authority.
Banks and financial holding companies shall comply with the provisions of this Law within one year.
has to adapt.
Private financial institutions that are still operating, can change their trade titles within one year.
to include the phrase “participation bank” and to change their current status in accordance with the Law.
have to adapt the provisions related to financial reporting. Private Financial Institutions
Union is deemed as the Turkish Participation Banks Association and is subject to the provisions of this Law,
Within three months, it makes its situation compatible with the provisions of this Law.
Provisional Article 4 — Independent audit firms authorized by the Authority
Until 31.12.2006, it has to make it compatible with the provision of Article 36.

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Provisional Article 5 – Percentage in the first paragraph of Article 54 of this Law
Twenty-five ratio, in terms of loans that can be extended to a risk group, is dated 31.12.2005.
up to thirty-five percent, as of 1.1.2006 as twenty-five percent; twenty percent,
Thirty-five percent until 31.12.2005, from 1.1.2006 to 31.12.2006
twenty-five is applied as twenty percent as of 1.1.2007.
Partnership in calculations regarding credit limits in Article 54 of this Law
shares; Forty percent in 2005, fifty percent in 2006, sixty percent in 2007,
seventy-five percent, ninety percent in 2009, one hundred percent as of 1.1.2010
are taken into account.
Provisional Article 6 – As of the effective date of this Law, participation amounts
Credit institutions that are below the rates specified in the first paragraph of Article 56 of the Law,
they cannot exceed the ratios in this article in any way or form. Participation amounts as of the same date
Organizations exceeding any of the rates specified in the law, their excess amount, 31.12.2005
20 percent until 31.12.2006, forty percent until 31.12.2007, until 31.12.2007
sixty percent, eighty percent until 31.12.2008, and eighty percent until 31.12.2009
they fix it by redemption of the face.
Provisional Article 7 — Provisional Article 20 of the Social Security Law No. 506
The banks that have funds and foundations within the scope of the scope of the project, will be able to see their status until 31.12.2007 in 58th.
have to comply with the provisions of the article.
Provisional Article 8 – Competition and qualification to the Institution before the publication date of this Law.
taken by exam; lawyer (Authority assistant specialist) and Agency assistant specialists, banking
appointed as assistant specialist. By passing the proficiency exam at the institution, a lawyer (Institution Specialist) and
Those who have earned the title of Institution Specialist are assigned to banking expertise. Their Institution
the periods they have worked are deemed to have been spent as assistant banking specialists and banking specialists.
He served in the Banking Regulation and Supervision Agency on the date of publication of this Law.
from the staff; He worked as an Institution Specialist and specialized in the profession in the institutions they came from.
It has been taken by a competitive exam and was deemed successful in the proficiency exam, and it has been approved by experts, inspectors, etc.
those who have worked in titles and those who have at least a doctorate degree in banking
are deemed to have been appointed. Experts, inspectors, etc. in the institutions they come from
the period they worked in the titles and the Banking Regulation and Supervision Agency.
deemed to have passed his expertise. Transfer from other institutions before the publication date of this Law
sworn bank auditors and their assistants working in the institutions they come from
It is considered past in the institution.
Except for the experts of the Institution mentioned in the first and second paragraphs of this article,
Institution experts and lawyers continue their duties with the same staff titles. To these cadres
no further assignments will be made. As long as these persons remain in office, the banking professionals' monthly, financial,
benefit from the same social and pension rights.

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Provisional Article 9 – The Undersecretariat of Treasury on the date of entry into force of this Law 3226
About Lending Business No. 90 and the provisions of the Financial Leasing Law No.
Regarding the implementation of the provisions of the Decree-Law other than lending
personnel, provided that their consent is obtained and upon request until 1.1.2006.
He is transferred to the institution. On the date of entry into force of the law, the relevant personnel of the Undersecretariat
postgraduate education, working in the organization or working in international organizations
Transfer of those who are abroad due to military service or other reasons
Appointment rights are reserved. Rights not used within the time limit become invalid.
Relevant personnel to be transferred from the Undersecretariat of Treasury, except for the age requirement,
and those who have at least three years of service in accordance with the procedures and principles to be determined by the Board.
Those who have less than three years of service are appointed as assistant banking experts. These
The period they worked in the institution they came from is considered to have passed as a banking expert and assistant expert.
Persons who have a compulsory service obligation to the Undersecretariat from among the transferred personnel
The time they spend in the institution is taken into account in the performance of these obligations.
Transfer from the Undersecretariat of Treasury in accordance with the provisions of the first paragraph of this article
The cadres of the recruited personnel were canceled without the need for any action, and the Law No. 190
It is deemed to have been removed from the section of the Undersecretariat of Treasury of the table attached to the Decree Law.
Persons who are temporarily assigned to the Fund or the Institution while they are Institution or Fund personnel
personnel are not returned to their institutions within three months from the date of publication of this Law.
cadres or positions in accordance with their status in the Institution or Fund they are in.
they are appointed. The second paragraph of the provisional article 20 about the differences to be paid to them
provisions apply.
Provisional Article 10 – Those who are still working in the Fund at the date of publication of this Law
Persons who will carry out the main and permanent duties and other services given to the Fund by Law,
education status, length of service and other matters to be determined by the Fund Board.
are appointed to the cadres and positions in the charts (II) and (III) attached to this Law.
Provisional Article 11 – Before the publication date of this Law, until 26.12.2003
Partnership rights excluding dividends and management and control transferred to the Fund and/or banking
The relevant Minister, the Council of Ministers or the Council of Ministers, who are authorized and authorized to carry out transactions and accept deposits.
Liquidation transactions carried out by the Fund or liquidated by the Fund by being abolished by the Board.
Until the transactions initiated against the initiated banks are concluded and all Fund receivables are collected.
14, 15, 15/a, 16, 17, 17/a of Law No. 4389, which was repealed by this Law until
and 18, additional articles 1, 2, 3, 4, 5 and 6 and provisional article 4
implementation continues.
4389 whose rights were repealed by this Law before the publication date of this Law.
Those who are required to declare their goods pursuant to Law No.
all kinds of movable and immovable property, rights and receivables, and income and
Expenditures are also subject to unfair acquisition provisions. This is the one who proves that he did not acquire property unfairly.
the provision does not apply.
Articles 64 and 65 of the Banks Law No. 3182, which was repealed before the publication of this Law.
Article 14 of the Banks Law No. 4389, which was repealed by this Law.
with the banks that are subject to liquidation or in which the liquidation process has been initiated pursuant to Article
Article 14 of Law No. 4389, which was repealed by this Law, on banks
The provisions of paragraphs (5) and (6) continue to be applied.

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Provisional Article 12 – Article 2 (a) of the Law No. 4208 dated 13.11.1996
sub clause (6) of clause 6; ninth, tenth, eleventh, article 134 of this Law
twelfth and thirteenth paragraphs, article 136, article 137, second article of article 138
paragraph and the second paragraph of the provisional article 10, subparagraph (e) of the first paragraph of the article 71
with the banks whose operating licenses have been revoked or transferred to the Fund in accordance with the provisions of the
shareholding rights excluding dividends, management and control transferred to the Fund and/or banking
The relevant Minister, the Council of Ministers or the Council of Ministers, who are authorized and authorized to carry out transactions and accept deposits.
Liquidation transactions carried out by the Fund or liquidated by the Fund by being abolished by the Board.
Applies to banks initiated.
Provisional Article 13 – More than half of its capital belongs to public institutions and organizations.
or having the authority to administer and represent these institutions and organizations over the majority of their shares, and
in banks established by special law (including T. Emlak Bankası A.Ş. in Liquidation) 26.12.2003
using a secured and/or insufficiently secured loan according to banking practices before the date of
past due but not yet paid, extended or restructured
those who use the loans or violate the terms of restructuring and individually or
Mutual bank letters of guarantee, acceptance loans and bills of exchange, movable and immovable pledges,
regarding the establishment of all kinds of limited real rights such as mortgage, right of construction, right of usufruct and right of residence.
the rights arising from the contract and the rights of other banks and third parties free from collusion
123, 134, 136, 137, 138, 140, 142 and
Provisions of Article 165, the condition of not seeking a certificate of insolvency in cases of annulment of disposition, (…) (1)
implemented by banks. (one)
Provisional Article 14 – Article 2 (a) of the Law No. 4208 dated 13.11.1996
subparagraphs (6), (7) and (8) of the subparagraph and numbered 4389, which was repealed by this Law.
Penalty and law enumerated in article 15/a and paragraph (4) of article 22 of the Law
Public prosecutors and judges who prosecute, investigate and carry out their cases promptly
three years, unless they have excuses and requests, except for disciplinary reasons, during their duties.
They cannot be assigned to another place or task for a period of time. Those whose term of office has expired can be reappointed.
Provisional Article 15 – Banks that went bankrupt before the publication of this Law
bankruptcy administrations, without prejudice to the liquidation, completed transactions and sequence charts
carried out in accordance with the provisions of this Law. In the implementation of this article, bankruptcy administrations
It has the powers given to the Fund in Articles 106 and 140 of the Law.
Provisional Article 16 – With this Law, it is deemed beneficial for the collection of the Fund's receivables.
(…) (2) provisions in favor of the Fund in other matters are valid. (2nd)
Provisional Article 17 – Except for the Chairman of the Board and the Fund Board Chairman, to the Board and
One third of the members first appointed to the Fund Board are renewed every two years. The result of the lottery at the end of the second year
Members whose membership has expired can be reappointed once.
––––––––––––––––––
(1) This paragraph states that “… legal representatives of legal entities and debtors or other persons related to debt abroad
prohibiting the emergence of …” section of the Constitutional Court dated 18/10/2007 and E.: 2007/4, K.: 2007/81
It was annulled by Decision No.
(2) With the Decision of the Constitutional Court dated 4/6/2014 and numbered E.: 2014/85, K.: 2014/103, this paragraph
field “…timeout and” has been cancelled.

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Provisional Article 18 – Within one month following the publication of this Law, the repealed number 4389
The amounts of the Assurance Fund established by law are transferred to the Fund.
Provisional Article 19 – In accordance with the last paragraph of Article 100 of this Law,
Matters to be determined jointly by the Fund shall be determined within three months.
Provisional Article 20 – Due to the new regulation made by this Law,
Those whose titles have not changed are deemed to have been assigned to their positions with the same title. Personnel appointed in this way,
the monthly wage (overtime) they receive in relation to their previous positions on the date of their appointment.
the total net amount of the payments made with bonuses and similar names; newly appointed
all kinds of payments made in relation to their staff (overtime wages and performance
(excluding award-based award), the difference is in the staff to which they are assigned.
As long as they stay, they are paid as compensation every month without being subject to any tax and deduction.
Optionally, those who have any change in the title of their assigned cadre can be transferred to other institutions.
The payment of difference compensation to those who pass is terminated.
Those whose job titles have changed or been abolished, in the Institution, where this Law came into force.
are appointed to a new staff appropriate to their status within one year from the date of Assignment process
They may be assigned to the works required by the Institution until they are completed. These are a new staff.
monthly wages (excluding overtime wages), bonuses and
they continue to receive payments made under similar names. Monthly appointment of staff
The first paragraph is also about the differences in wages and all kinds of financial and social rights.
provision applies.
Chairman and members of the Board, who were on duty at the date of entry into force of this Law.
Memberships continue until the end of their term of office. The remuneration of the Chairman and members of the Board and each
The arrangements made in this Law as long as they are on duty in all kinds of financial and social rights
The provisions of the first paragraph shall also apply to the differences arising from
The above provisions, with the Chairman and members of the Fund Board, and numbered (II) attached to this Law.
It is also applied to the personnel to be appointed to the positions specified in the schedule.
While working in public institutions and organizations and Central Bank personnel, in the Institution or Fund
those who are assigned, upon their request, and within one year from the effective date of this Law.
Provided that they make a request, they are appointed to a task appropriate to their situation in the institutions they come from. It
Otherwise, the time spent in the Institution or the Fund shall be in accordance with the provisions of the law to which they are subject.
evaluated for their services.
Provisional Article 21 – In accordance with this Law, subject to Civil Servants Law No. 657
Service periods and educational status of the Institution and Fund personnel who are in the Institution and Fund
Additional provisional 1, 2 and 3 of the Law No. 657, provided that they do not exceed the degree that they can rise as of
It was acquired by taking into account the provisions of the third articles of the Law dated 2.2.2005 and numbered 5289.
right is evaluated in the determination of monthly degrees and levels.
In this way, the earned rights of the personnel who are subject to the Law No. 5434
The past service periods that cannot be evaluated are evaluated in the pensions based on the pension deduction.
No compensation is paid to the personnel in question in accordance with the labor legislation. of these personnel
expired to qualify for severance pay, excluding the periods for which severance pay has been paid before
in accordance with the provisions of the Republic of Turkey Retirement Fund Law No. 5434.
taken into account in the calculation of pension fund bonuses.

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Temporary Article 22 – Social security institutions other than the TR Retirement Fund
retired and became a member of the Board and the Fund Board before the effective date of this Law.
Those who want to be associated with the Turkish Pension Fund from those appointed,
As of the beginning of the following month, they are associated with the Turkish Pension Fund. retired for this period
The deduction and its provisions are paid to the Turkish Pension Fund according to the general principles.
Provisional Article 23 — (Repealed: 31/5/2006-5510/106 art.)
Provisional Article 24 — (Annex: 8/3/2006-5472/2 art.)
The amount of deposits subject to insurance declared by the Bank to the competent authorities and the Fund
The publication of this article due to the difference between the deposit amount determined by
persons and banks against whom proceedings have been initiated by the Fund before the date of
enforced execution pursuant to the provisions of this Law due to its debts to the Fund.
The amount obtained from the sale of assets through the eighth article of Article 134 of this Law.
The portion falling to the Fund's share after the distribution of the guarantee made in accordance with the paragraph above,
of persons and the bank against whom proceedings have been initiated by the Fund on the basis of
and social security institutions within the scope of Law No. 6183 to be paid
collected in one account. The Bank and the persons covered by this article, to the State and social security
Remaining after payment of debts to companies within the scope of Law No. 6183
The amount is deducted from the Fund receivable. The provision of this article is effective from the date of entry into force of the article.
It also applies to previous sales.
Provisional Article 25 — (Annex: 8/3/2006-5472/2 art.)
Prior to the effective date of this article, a sale announcement was made by the Fund.
31/12/2006 with the sales that have been realized but the distribution of the tender price to the creditors has not been concluded.
In the deliveries to be made within the scope of the sales to be announced until the
Pursuant to subparagraph (m) of paragraph (4) of Article 17 of the Value Tax Law
In the calculation of the part to which the exception will be applied, the Law No. 5411 will enter into force of this article.
The amount that should be transferred to the Fund according to the provisions prior to the date of entry is taken as basis.
Provisional Article 26 — (Annex: 4/6/2008-5766/23 art.)
Article 35 of the Law No. 6183; Against the Fund in companies taken over by the Fund,
Repetitive Article 35 of the Law No. 6183; In the capacity of trustee of the Fund or Fund personnel
against the Fund and Fund personnel in the companies to which it has been appointed, this Law and the abrogated Banking Laws.
Persons appointed by the Minister, the Board or the Fund Board in banks and companies within the scope of
not be applied against.
Partnership rights excluding dividends and management and control transferred to the Fund and/or
The relevant Minister, Ministers with permission and authority to carry out banking transactions and accept deposits
Board or the Board, whose liquidation is carried out by the Fund or by the Fund.
Until the proceedings initiated against the banks whose liquidation procedures have been concluded, and all kinds of Funds
until the receivables are collected, the bank and the bank whose management and control is taken over by the Fund.
Article 35 of the Law No. 6183 on the former managers of the companies and the 35th article again.
representation in accordance with the relevant laws and regulations or articles of association.
with the person or persons authorized or authorized to represent by the authorized bodies of legal persons.
from those who administer the unincorporated entity,

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a) Fund banks; of its subsidiaries over which it has management and control, its controlling shareholder
companies in which the controlling shareholders of real and legal persons are the controlling shareholders,
companies acting on behalf of individuals or acquiring money, property or rights on their behalf
In Fund receivables, the debt is paid from the date the bank resource is used/used.
throughout his period,
b) In the Fund receivables arising from the corporate loans of the Fund banks,
from the date on which the debt continues,
c) In the receivables arising from the Fund revenues, the Fund receivable is notified to the relevant institution.
from the date on which the debt continues,
Persons holding the title of legal representative are considered as legal representatives.
Provisional Article 27 — (Annex: 4/6/2008-5766/23 art.)
In accordance with the provisions of this Law and the repealed Banking Laws,
In the immovables sold by the Fund and registered in the name of the buyer, the debtor or third party
If there are individuals, these persons are warned to evacuate the immovable within fifteen (15) days.
The evacuation order is served. If the immovable is not evacuated within this period,
When necessary, the debtor or third party is removed from the immovable by taking the help of law enforcement.
Evacuation of the real estate is carried out by the Fund. Expenses related to the evacuation of the new property
borne by the owner.
made by the Fund in accordance with the provisions of this Law and the repealed Banking Laws, or
evacuation within the period specified in the sales specifications or annexes.
If the commitments are not fulfilled, the provisions of the first paragraph of this article shall apply.
In this case, the 15-day period shall be specified in the sales specifications and annexes regarding the evacuation of the real estate.
starts at the end of the specified time. Fund's right to seek compensation from the buyer for breach of commitment
reserved.
Provisional Article 28 — (Annex: 13/2/2011-6111/150 art.)
The working procedures and principles of the Risk Center are no later than the date of publication of this article.
within one year, within the framework of the procedure specified in the fifth and ninth paragraphs of the additional article 1.
It is determined by the Banks Association of Turkey.
Until the Risk Center established in accordance with this Law becomes operational, the Central Bank
Risk Center within the body of the Center of the Republic of Turkey, dated 14/1/1970 and numbered 1211.
In accordance with the provisions of the repealed Article 44 of the Banking Law,
executes.
Risk Center information at the Central Bank, Risk Established in accordance with this Law
transferred to the centre.
Provisional Article 29 — (Annex: 13/2/2011-6111/150 art.)
Until the work and procedures regarding the relocation of the institution's headquarters to Istanbul are completed.
The administrative center of the institution is Ankara. The transfer of the center is completed within two years. Council of Ministers
is authorized to extend this period.
Provisional Article 30 — (Annex: 25/4/2012-6300/4 art.)
The Chairman of the Fund Board and the Chairman of the Fund Board, who were in office on the date of entry into force of this article.
Membership of its members shall continue until the end of their term of office.

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Those who have been appointed to complete the remaining term in the membership of the Board and the Fund Board
their membership has expired as a result of the lottery held in accordance with the legislation and these periods they spent in membership.
The durations of those who are in the membership until the date of the draw are stated in Articles 85 and 114.
shall not be taken into account as term of office.
The amendments made in Articles 103 and 126 with this Law
Chairman and members of the Board, whose term of office expires before the entry date, and the Fund Board chairman and
It also applies to its members. However, prior to the effective date of the relevant changes,
Chairman and members of the Board and the Fund Board chairman, who have been paid for one year in accordance with the provisions
and its members cannot benefit from this application.
Provisional Article 31 — (Annex: 24/5/2013-6487/31 art.)
Concerning the implementation of banking legislation, the European Court of Human Rights
mutually under the application made or the decision of the European Court of Human Rights.
In case of reaching an amicable solution, the relevant public authority's complaint or written application
the declaration of withdrawal or withdrawal from intervention to the relevant Public Prosecutor's Office or the court.
the investigation being carried out for acts falling within the scope of friendly settlement.
or that there is no place to prosecute the suspect or defendants in the prosecution, or the decision to drop
is given.
The provision of the above paragraph is pending as of the effective date of this article.
applied in relation to investigations or prosecutions.
Provisional Article 32 – (Annex: 17/7/2019-7186/17 art.)
Banks, leasing companies, factoring companies operating in Turkey and
in loan relations with financing companies and other financial institutions defined in this article.
In the Framework Agreements prepared in accordance with the regulation issued by the Authority
determined debtors, to be taken in relation to the loans extended by these institutions.
with measures to help them fulfill their repayment obligations and contribute to employment.
other risk groups in which they belong, in order to ensure that they are allowed to continue
may be restructured as a whole or in part with the debtors. This item
The procedures and principles regarding the financial restructurings to be made in accordance with
It is determined by the Framework Agreements prepared within the framework of the regulations issued. It
The provisions of this article are applied for two years from the date of publication of this article. This time two
The President is authorized to extend it for another year.
In the implementation of this article;
a)

Payee

organizations:

It

of the law

3

third

in the article

last

banks, Financial Leasing, Factoring and Financing Companies dated 21/11/2012 and numbered 6361
Companies referred to in Article 3 of the Law, which have directly extended loans to debtors,
banks and financial institutions established outside of Turkey, multilateral
banks and institutions, special arrangements to be established by these creditors for the collection of receivables.
Pursuant to the Capital Markets Law No. 6362 dated 6/12/2012 for the same purpose
established mutual funds,
b) Independent Audit Firm: In the Official Gazette dated 26/12/2012 and numbered 28509
Established and operating in accordance with the principles of the Independent Audit Regulation published,
Institutions registered in the Audit Institution Official Registry,
c) Association: The Banks Association of Turkey,

Page 94
9614-1
ç) Debtor: This Law, Insurance Law No. 5684 dated 3/6/2007, No. 6361
The Law, dated 20/6/2013 and numbered 6493, Payment and Securities Settlement Systems, Payment
Excluding the Law on Services and Electronic Money Institutions and investment partnerships 6362
Companies established in Turkey, excluding organizations subject to Article 35 of Law No.
d) Framework Agreements: By the Union in accordance with the regulation issued by the Institution.
Financial Restructuring Framework prepared and signed by creditors
their agreements,
e) Contract: With the debtor within the scope of Financial Restructuring Framework Agreements
financial restructuring agreements signed between creditor institutions,
means.
Determination of the financial situation of the debtors to be included in the financial restructuring
repayment of debts as a result of restructuring and restructuring of debts in this context
It is imperative that he be convinced of his ability. Ability to repay debts
Borrowers that are deemed unable to earn cannot be included in the scope of financial restructuring.
Determining the financial situation of the debtors to be included in the financial restructuring and
assessment of the feasibility of financial restructuring; independent audit
organizations with sufficient knowledge and expertise to be determined under Framework Agreements.
institutions or, if accepted by the debtor, by creditor institutions.
In financial restructurings within the scope of this article; extending the maturity of loans,
renewing the loans, subparagraph (b) of the first paragraph of Article 9 of the Law No. 6361
without prejudice to its provisions, to grant additional loans, principal, interest, default interest, delay
to reduce penalties and dividends and any other receivables arising from the loan relationship or to reduce them
to give up partially or completely, to reduce collateral, to receive principal, interest or dividends;
Partially or fully converting into subsidiaries, special purpose companies and establishments established in accordance with Law No. 6362
to transfer or assign to investment funds in kind, in cash or for a consideration subject to collection,
To liquidate the debtor or third parties partially or completely in exchange for the in-kind values,
sell, take it off the balance sheet, act together with other creditors and creditors
Necessary measures such as making protocols are taken. Subject to financial leasing agreements
For goods, the provisions of Article 307 of the Execution and Bankruptcy Law No. 2004 are applied by analogy.
The guarantees of the loans or to be acquired by the creditor institutions as a subsidiary
The valuation of the fair value of the debtors' assets and liabilities
in case of request by the Capital Markets Board, to make an appraisal.
made by authorized organizations. For investment funds established according to Law No. 6362
The valuation regulations in the capital market legislation are reserved.
Framework Agreements made pursuant to this article and regulated under these Agreements
In accordance with the principles determined in the contracts;
a) Procedures to be made are subject to prison fee and Fees Law No. 492 dated 2/7/1964.
fees (including judicial fees) and papers to be issued (Framework Agreements and
Stamp received in accordance with the Stamp Duty Law No. 488 dated 1/7/1964 (including contracts)
from tax,
b) To be collected by the creditor organizations under any name.
Bank and insurance to be paid in accordance with the Expense Taxes Law No. 6802 dated 13/7/1956
transaction tax,

Page 95
9614-2
c) The loans extended and to be made available are from the resource utilization support fund,
is exceptional. The exceptions in this paragraph, the Framework Agreements of the creditor institutions and
directly due to its transactions under the Agreements regulated under these Agreements.
or indirectly acquired assets and guarantees, among the creditor organizations themselves or
It is not applicable in cases where they are disposed of, except for the transfer to the debtor.
The first article of the 5th article of the Corporate Tax Law No. 5520 dated 13/6/2006
The exception provision in subparagraph (f) of the paragraph is not subject to legal proceedings.
to organizations in the scope of Framework Agreements and Agreements.
transferring institutions and the said creditor institutions that take over the related assets in this way.
It also applies to gains from the sale of assets.
Article 17 (4) of the Value Added Tax Law dated 25/10/1984 and numbered 3065
The exception provision in subparagraph (r) of paragraph no.
transfer and delivery to the creditor organizations within the scope of the Agreements,
It is also applied in the transfer and delivery of these assets by the creditor institutions that take over the assets.
Amounts of receivables whose collection has been waived in accordance with the provisions of the contract Law No. 213
According to its provisions, it is considered as a bad debt for the creditor and as a waived credit for the debtor.
is taken. The transactions made by the creditor institutions with the debtors in the risk group they belong to.
The provisions of this paragraph do not apply to restructuring transactions.
Incentive received by borrowers whose debts are restructured according to contracts
the durations of the certificates and export commitment periods, as well as the Public Service Number 4749 dated 28/3/2002.
Provisional Article 20 of the Law on Financing and Regulation of Debt Management
provided by credit guarantee institutions, including guarantees provided within the framework of
The periods of guarantees and sureties are deemed to be extended by the periods determined by the contracts.
In accordance with the provisions of this article, a financial restructuring
within two years from the beginning of the year following the signing date of the Agreement.
in case of being subject to financial restructuring again,
tax exemptions and incentives do not apply.
Even in the event that the transactions put into practice with the contracts are not realized,
Tax, fund and fee exemptions that have been applied cannot be withdrawn.
Framework Agreements made pursuant to this article and regulated under these Agreements
Tax exemptions and incentives provided for contracts are regulated under this article.
Without being limited to the period specified in the first paragraph, the transactions to be made pursuant to the contracts
is applied.
Collateral reduction, principal and other receivables to be made pursuant to this article will be waived.
restructuring of loans by write-off or similar transactions
It does not constitute the crime of embezzlement regulated by Article 160.
Provisional Article 33 – (Annex: 20/2/2020-7222/19 art.)
With the Law establishing this article, it will be issued in accordance with the amended provisions of this Law.
issued on the basis of the repealed provisions until the effective date of the regulations.
The provisions of the regulations that are not contrary to this Law shall continue to be implemented.
Banks shall ensure that the provisions of this Law amended by the Law establishing this article are in force.
Resolves the overruns that may occur as of the dates of the dates to be determined by the Board.
Force
Article 170 - This Law; Articles 90 and 91 of this Law date from the date of publication.
Within two months as of 1.1.2006, paragraphs (B), (C), (D) and (E) of Article 168, other
Articles come into force on the date of publication.
Executive
Article 171 – The provisions of this Law are executed by the Council of Ministers.

Page 96
9615
SCHEDULE NO (I)
AUTHORITY: BANKING REGULATORY AND SUPERVISION AUTHORITY
CLASS
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL

TITLE
vice president
Presidential Counsel
Head of Department
Senior Banks Chief Auditor
Senior Banking Specialist
Banks Sworn Chief Auditor
Chief Banking Specialist
chief expert
Institution Specialist
manager

AH
SH
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL

Lawyer
Doctor
Expert
Chef

DEGREE QUANTITY
one
3
one
5
one
10
one
30
one
20
one
9
one
4
one
8
one
4
one
2nd
one
one
one
one
one
5
one
3
one
one
one
one
2nd
8
2nd
4
2nd
4
2nd
8
2nd
2nd
2nd
2nd
2nd
one
2nd
2nd
2nd
2nd
2nd
one
2nd
2nd
3
13
3
12
3
20
3
10
3
4
3
4
3
5
3
one
3
2nd
3
3
4
30
4
10
4
7
4
one

Litigation Officer
Secretary
Banks Sworn Chief Auditor
Chief Banking Specialist
chief expert
Institution Specialist
manager
Expert
Defense Specialist
Chef
Officer
Secretary
Chauffeur
Banks Sworn Chief Auditor
Chief Banking Specialist
Sworn Auditor of Banks
Banking Specialist
chief expert
Institution Specialist
Expert
Chef
Officer
Secretary
Sworn Auditor of Banks
Banking Specialist
Institution Specialist
Lawyer (Institution Specialist)

Page 97
9616
AH
TH
GTL
GTL
GTL
GTL
GTL

Lawyer
Engineer

YH
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL

Servant
Sworn Auditor of Banks
Banking Specialist
Banking Assistant Specialist
Institution Specialist

Expert
Chef
Officer
Secretary
Chauffeur

Expert
Chef
Switchboard Officer
Officer
Secretary
Chauffeur
Distributor
Sworn Auditor of Banks
Banking Specialist
Legal Specialist
IT expert
Banking Assistant Specialist
Institution Specialist

YH
GTL
GTL
GTL
GTL
GTL
GTL
AH
TH
GTL
GTL
GTL
GTL

Lawyer
architect
Translator-Translator
Chef
Librarian

YH
GTL
GTL
GTL
GTL
GTL
GTL
GTL

Secretary
Technician
Chauffeur
Distributor
Sworn Auditor of Banks
Banking Specialist
Legal Specialist
IT expert
Banks Sworn Assistant Auditor
Banking Assistant Specialist
Institution Specialist

AH
GTL

Lawyer
Translator-Translator

SH
GTL

Doctor
Chef

TH
GTL

4
4
4
4
4
4
4
4
5
5
5
5
5
5
5
5
5
5
5
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
7
7
7
7
7
7
7
7
7
7
7

one
one
3
3
7
2nd
4
one
30
15
2nd
4
5
one
one
one
one
4
one
45
40
10
15
5
4
one
one
2nd
3
one
2nd
2nd
2nd
one
45
30
10
15
10
5
one
one
4
one
2nd

7
7
7
7
7
8
8
8
8
8
8
8
9
9
9
9
9
9
9
9
9
10
10
10
10
12
12
12
12
13
13
13
13
one
one
9

one
one
10
2nd
3
30
23
4
3
9
3
one
45
20
15
30
3
4
2nd
5
2nd
one
one
one
one
3
one
2nd
4
2nd
2nd
3
4
2nd
4
10

Page 98
9617
GTL
GTL
GTL

Librarian
Officer
Secretary
Technician
Chauffeur
Banks Sworn Assistant Auditor
Banking Assistant Specialist
Engineer

TH
GTL
GTL
GTL
TH
GTL
GTL

Officer
Secretary
Technician
Chauffeur
Banks Sworn Assistant Auditor
Banking Assistant Specialist
Assistant Legal Specialist
IT Assistant Specialist

TH
GTL
GTL
GTL
GTL
GTL
AH
GTL
GTL
GTL
GTL
GTL

Lawyer
Translator-Translator
Litigation Officer
Officer
Chauffeur
Switchboard Officer
Nurse
Chauffeur
Protection and Security Officer

SH
GTL
GTL
TH
SH
YH
GTL
GTL
GTL

Technician
Nurse
Distributor
Protection and Security Officer
Switchboard Officer
Officer
Distributor

YH
YH
GTL
GTL
GTL

Servant
Vice President (1)
Manager (1)
Banking Regulation and Supervision Agency Assistant Specialist (1)

GRAND TOTAL

867

___________
(1) It was established with the 40th article of the Law No. 6493 dated 20/6/2013.

Page 99
9618
SCHEDULE NO (II)
INSTITUTION: SAVINGS DEPOSIT INSURANCE FUND
CLASS
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL

TITLE
vice president
Head of Department
Presidential Counsel
manager
manager
manager
Auditor
Auditor
Auditor
Auditor
Auditor
Auditor
Auditor
Assistant Auditor
Assistant Auditor
Assistant Auditor

AH
AH
AH
AH
AH
AH
AH
AH
AH
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL
GTL

Lawyer
Lawyer
Lawyer
Lawyer
Lawyer
Lawyer
Lawyer
Lawyer
Lawyer
Expert
Expert
Expert
Expert
Expert
Expert
Expert
Assistant Specialist

DEGREE QUANTITY
one
one
one
one
3
4
one
2nd
3
4
5
6
7
7
8
9
one
2nd
3
4
5
6
7
8
9
one
2nd
3
4
5
6
7
8
9

Assistant Specialist
GRAND TOTAL

2nd
10
5
2nd
one
one
2nd
2nd
one
one
one
3
5
one
4
5
3
2nd
3
5
17
14
30
32
24
15
15
16
30
30
40
40
40
13
415

Page 100
9618-1
SCHEDULE NO (III)
INSTITUTION: SAVINGS DEPOSIT INSURANCE FUND
POSITION TITLE
Administrative Staff
Support Team
TOTAL

MOQ
120
35
155

Page 101
9618-2
ADDITIONAL AND AMENDMENT TO THE LAW NUMBER 5411
CANCELLATION BY LEGISLATION OR CONSTITUTIONAL COURT
THE DATE OF ENTRY INTO FORCE OF THE PROVISIONS
SHOW LIST

Amending Law/
Decree/Annulment
Constitutional Court
Decision Number
5472
E. of the Constitution District:
2006/20, K.: 2006/25
Decision No.

Amending the Law No. 5411 or
canceled items
13, 106, 107, 129, 136, Provisional Article
24 and 25

Effective Date

14/3/2006

105

10/1/2007

128

10/1/2007

E. of Constitution Mah.:
2006/33, K.: 2006/36
Decision No.
5667

91, 101, 120, 124

30/5/2007

E. of Constitution Mah.:
2005/139, K.: 2007/33
Decision No.
5754
5510 (no. 5754)
different by law)
5766

92, 121, Provisional Article 23

15/12/2008

73

8/5/2008

Provisional Article 23

1/10/2008

Provisional Articles 26 and 27

6/6/2008

E. of Constitution Mah.:
2008/66, K.: 2008/131
Decision No.

132

13/11/2008

6111

3, 15, 25, 35, 36, 73, 82, 95, Appendix
Article 1, Provisional Articles 28 and 29

25/2/2011

Decree/662

92, 121

2/11/2011

6300
6327

85, 92, 103, 114, 126, Provisional Article
30
73

10/5/2012
29/6/2012

Page 102
9618-3
Amending Law/
Decree/Annulment
Constitutional Court
Decision Number

Amending the Law No. 5411 or
canceled items

Effective Date

6352

105, 128

5/7/2012

6362

33, 37, 72

30/12/2012

6456
6462
6487
6493
6495

Additional Article 1
85,114
Provisional Article 31
Ruler No. 90, 91, 92, 101, Annex (I)
92, 93

18/4/2013
3/5/2013
11/6/2013
27/6/2013
2/8/2013

E. of Constitution Mah.:
2014/85, K.: 2014/103
Decision No.

Provisional Article 16

12/9/2014

Decree 678

134

22/11/2016

Decree 684

143

23/1/2017

Decree 687

160

9/2/2017

7071

134

8/3/2018

7074

143

8/3/2018

7076

160

8/3/2018

Decree/703

3, 81, 84, 85, 87, 91, 93, 97, 99, 102,
111, 113, 114, 116, 120, 122, 125,
144, 146

on 24/6/2018
made with Turkey
The Grand National Assembly and
Presidency
as a result of the elections
President's
take an oath
when it started
(9/7/2018)

7186

53, Provisional Article 32

19/7/2019

7192

101

1/1/2020

7222

26, 48, 49, 55, 56, 60, 66/A, 67, 68,
69, 73, 76, 77, 144, 146, 147, 148,
150, Provisional Article 33

25/2/2020

7247

76

26/6/2020

7292

93, 101

7/3/2021

7319

99

25/5/2021

