Practice Areas
Banking and Finance Law Advisory
Legal support in loan agreements, security arrangements and disputes arising from banking transactions under Banking Law No. 5411 and related regulations.
Last updated: · Prepared by: Av. Barış Kaymaz
Banking and finance law governs the activities of institutions such as banks, financial leasing and factoring companies, and their relationships with customers. Its principal source is Banking Law No. 5411, alongside regulations issued by the Banking Regulation and Supervision Agency (BDDK).
The terms of loan and security agreements — interest and fee items, and the consequences of default — deserve careful review by both individual and corporate customers to prevent disputes later on.
Loan Agreements and Security
In both commercial and consumer loan agreements, the lawfulness of interest rates, fee items, early-repayment terms and default conditions determines how smoothly the credit relationship proceeds. Mortgages, pledges and suretyship are common forms of security, with a guarantor's liability governed by the Turkish Code of Obligations' provisions on suretyship.
Bank Accounts and Payment Services
Disputes between a customer and a bank can arise over account maintenance fees, unauthorized transactions or delayed payment orders. Such disputes are typically first raised through the bank's own complaint mechanism, then, depending on the case, escalated to the Banking Regulation and Supervision Agency or, where the matter is consumer in nature, to a consumer arbitration committee or the courts.
Financial Leasing, Factoring and Finance Companies
Contracts with financial leasing, factoring and finance companies operating under Law No. 6361 carry different terms and consequences depending on the type of agreement. In financial leasing in particular, the separation between ownership and possession of the leased asset requires the parties' rights on default to be carefully established.
Resolving Banking Disputes
Whether a banking dispute is commercial or consumer in nature determines the applicable path: consumer transactions go through a consumer arbitration committee or consumer court, while commercial transactions fall under the commercial courts of first instance. Getting the strategy right for the nature of the dispute from the outset directly affects both the pace and outcome of the process.
Services in This Area
- Reviewing and negotiating loan and security agreements
- Advisory on mortgage, pledge and suretyship arrangements
- Handling litigation and complaints arising from banking transactions
- Drafting and reviewing financial leasing and factoring agreements
- Representing creditors or debtors in commercial loan default matters
- Regulatory compliance advisory for financial institutions