ARTICLE
11 November 2022

Banking & Finance, Restrictions On Commercial TRY Loans

PB
Pekin Bayar Mizrahi

Contributor

Pekin Bayar Mizrahi is a leading top-tier law firm located in Istanbul, Türkiye.

The firm was founded by Mr. Fethi Pekin, who was a former judge, in 1946. Ms. Sefika Pekin and Ms. Selin Bayar subsequently joined the firm. In time, the firm has broadened its areas of expertise and the sectors it advises; thereby becoming a “full-service” firm with a global reach. In 2021, its dispute resolution partner, Mr. Ergin Mizrahi, became a name partner and the firm changed its corporate name as Pekin Bayar Mizrahi.

With its local and international experience of 75 years, Pekin Bayar Mizrahi is now one of the largest law firms in Türkiye in both size and volume, employing around 60 fee earners. The firm also has liaison offices and affiliate counsels in numerous cities in Türkiye. The firm has international practice and its clients include States, large financial institutions, and transnational corporations from various sectors.

The Banking Regulatory and Supervisory Authority's ("BRSA") decision dated 07.07.2022 and numbered 10265 regarding the restrictions on commercial loans denominated...
Turkey Finance and Banking

The Banking Regulatory and Supervisory Authority's ("BRSA") decision dated 07.07.2022 and numbered 10265 regarding the restrictions on commercial loans denominated in TRY has been recently amended by the BRSA's new decision dated 21.10.2022 and numbered 10389.

By the amendment, the BRSA has taken a new macro precautionary measure that has tightened the loan market. Accordingly, effective from 01.11.2022, non-financial Turkish legal entities, which are subject to independent audit and have foreign currency assets exceeding TRY10m are prohibited from utilizing commercial cash loans denominated in TRY in case their foreign exchange assets exceed 5% of the higher of their net assets determined according to their most recent financial statements or their net sales revenue of the last financial year.

The previous thresholds on the foreign exchange assets under the BRSA's decision dated 07.07.2022 and numbered 10265 were TRY15m and 10%.

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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