ARTICLE
17 September 2020

Turkish FX Laws: Capital Movements Circular Amends FX Earnings Statements For FX Loans

EA
Esin Attorney Partnership

Contributor

Esin Attorney Partnership, a member firm of Baker & McKenzie International, has long been a leading provider of legal services in the Turkish market. We have a total of nearly 140 staff, including over 90 lawyers, serving some of the largest Turkish and multinational corporations. Our clients benefit from on-the-ground assistance that reflects a deep understanding of the country's legal, regulatory and commercial practices, while also having access to the full-service, international and foreign law advice of the world's leading global law firm. We help our clients capture and optimize opportunities in Turkey's dynamic market, including the key growth areas of mergers and acquisitions, infrastructure development, private equity and real estate. In addition, we are one of the few firms that can offer services in areas such as compliance, tax, employment, and competition law — vital for companies doing business in Turkey.
The Central Bank of the Republic of Turkey introduced an amendment to the Capital Markets Circular concerning foreign exchange earnings statements on September 4, 2020.
Turkey Finance and Banking

Recent Development

The Central Bank of the Republic of Turkey ("CBRT") introduced an amendment ("Amendment") to the Capital Markets Circular concerning foreign exchange earnings statements on September 4, 2020.

What Does the Amendment Say?

Pursuant to the Amendment, when borrowers state their foreign exchange earnings for the last three accounting years in order to receive foreign exchange loans, they can request in writing that the present accounting year's foreign exchange earnings be taken into consideration instead of the earnings from three accounting years ago. Accordingly, the foreign exchange earnings declared three accounting years ago will not be taken into account in the foreign exchange earnings calculation.

To benefit from this provision, the present accounting year's foreign exchange earnings must be submitted to the intermediary bank through i) Foreign Exchange Earnings Statement Forms and ii) reports certifying that the concerned earnings fall within the definition of foreign exchange earnings, which have to be prepared and certified by certified public accountants or independent accountant and financial advisors.

Conclusion

The Amendment gives borrowers greater discretion regarding their foreign exchange earnings statements. In particular, it provides more flexibility to firms with loan balances lower than USD 15 million in accessing foreign exchange loans.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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