ARTICLE
18 June 2020

CMB Continues To Facilitate Mortgage Finance Company Issuances

EA
Esin Attorney Partnership

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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 issuance ceiling limit in the Debt Securities Communiqué will not be applicable to the debt securities issued by MFIs.
Turkey Finance and Banking

Recent Developments

The Amendments to the Communiqué on Debt Securities No. VII-128.8 ("Debt Securities Communiqué") and the Communiqué on Asset-Backed and Mortgage-Backed Securities No. III-58.1 ("ABS Communiqué") entered into force through their publication in the Official Gazette No. 31154 dated June 13, 2020.

The Amendments are in line with the amendments made in the Covered Bonds Communiqué No. III-59.1 on May 14, 2020 (Changes to the Covered Bonds Communiqué), which reflects the approach set forth by the 11th Development Plan for 2019-2023 and the Presidency Annual Program for 2020 for issuances made by mortgage finance institutions ("MFIs").

What's New?

Issuance Ceiling Limits

  • The issuance ceiling limit in the Debt Securities Communiqué will not be applicable to the debt securities issued by MFIs.
  • The limits applicable for the calculation of the issuance ceiling under the ABS Communiqué will not be applicable to the asset-backed and mortgage-backed securities ("ABS" and "MBS", respectively) issued by MFIs or funds established by MFIs.

CMB Fee Rates

  • The Capital Markets Board ("CMB") fee rates set forth in the Debt Securities Communiqué will be zero until December 31, 2021 for debt securities issuances to be made by MFIs. As of January 1, 2022, half of the CMB fee rates set forth in the Debt Securities Communiqué will apply for these issuances.
  • In ABS and MBS issuances to be made by MFIs, half of the CMB fee rates set forth in the ABS Communiqué will apply. However, the CMB fee rates will be applied as zero per thousand until December 31, 2021.

Conclusion

Considering the potential economic effects of the COVID-19 outbreak, the CMB reduces MFIs' issuance costs and lifts ceiling to further incentivize their issuances. In this respect, while the CMB invites MFIs to take a more active role in vulnerable economic conditions, it also provides them with a functional support mechanism through the abovementioned exemptions.

Originally published 16 June, 2020.

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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