ARTICLE
23 August 2019

Banks' Customer Due Diligence Expanded

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 Banking Regulatory and Supervisory Authority amended the Regulation on Banks' Loan Transactions (the "Amendment").
Turkey Finance and Banking

Recent Development

The Banking Regulatory and Supervisory Authority amended the Regulation on Banks' Loan Transactions (the "Amendment"). The Amendment entered into force upon its publication in the Official Gazette No. 30860 dated August 16, 2019.

What's New?

  • Prior to the Amendment, at the time of loan allocation and every year for as long as the loan exists, Turkish banks were required to obtain financial statements from their clients whose credit risk amount in the Risk Center of the Banks Association of Turkey was equal to or more than TRY 500 million.
  • The Amendment decreased the TRY 500 million threshold to TRY 100 million, except for FI clients.
  • Pursuant to the Amendment, banks are also required to obtain from their Turkish resident clients a report showing their compliance with corporate governance principles under the Communiqué on Corporate Governance (the "Communiqué") at the time of loan allocation and every year for as long as the loan exists. The Turkish resident clients which are not subject to the Communiqué, must provide a report prepared according to the Communiqué's corporate governance principles.

Conclusion

The Amendment expands the scope of Turkish customer due diligence.

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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