Updates On Turkish Banks' Utilization Fees And Prepayment Fees

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 Communiqué Amending the Communiqué on the Procedures and Principles Regarding Fees Banks Can Charge Commercial Clients ("Amendment")...
Turkey Finance and Banking
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Recent Development

The Communiqué Amending the Communiqué on the Procedures and Principles Regarding Fees Banks Can Charge Commercial Clients ("Amendment") entered into force following its publication in the Official Gazette No. 31410 dated March 1, 2020. The Amendment updated the utilization fees and prepayment fees that banks can charge their commercial clients.  

What Does the Amendment Say? 

Pursuant to the Amendment, the upper limit for utilization fees that banks can charge commercial clients is now 1.1% (up from 1%).

Moreover, the maximum amount of prepayment fees for loans extended after March 1, 2020 will be subject to the following ceilings:

  • For TRY loans with a remaining maturity of 24 months or less, 2% of the amount to be prepaid by the client (which must be calculated after making the applicable discounts due prepayment); and
  • For TRY loans with a remaining maturity of more than 24 months, banks may increase the above-mentioned base amount by 1% for each year remaining over the initial 24-month period.

    The time period remaining over the 24-month period will be regarded as a full year. For example, for a credit with a remaining maturity of 25 months, the bank may charge 3%, and for a loan with a maturity of 49 months, the bank may charge 5% as an early termination fee.
  • For FX or FX-indexed loans, a one hundred basis points-increase will be applied to the results obtained by using the above-mentioned calculation method.

Conclusion

The Amendment increases the ceilings for utilization and prepayment fees that banks may charge their commercial clients.

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.

Updates On Turkish Banks' Utilization Fees And Prepayment Fees

Turkey Finance and Banking
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.
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