Period: 21 Legislative Year: 2 Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Law On Amending Law In The Bank

Original Language Title: Dönem : 21 Yasama Yılı : 2 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. BANKALAR KANUNUNDA DEĞİŞİKLİK YAPILMASINA İLİŞKİN KANUN

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Period: 21 Legislative Y.2

Warning: The Law you are viewing is considered to be accepted at the General Assembly of the TBMM. It does not contain any later delics if it exists.


ACCESS TO THE BANKS BY LAW

ACCESS TO AN APPLICATION

Kanun # 491    Date of Admission: 17.12.1999 

ARTICLE 1.- dated 18/6/1999 and 4389 is the last two sentences of the Third Amendment (3) and (5) of the Banks Act (5), and the last two sentences of the number (8). The institution's decision body is the Banking Regulation and Supervision of the seven members, one of which is the president, one of which is the second one. The board is the president, the Agency is also working. The law, economics, finance, banking, administration, political information, public administration and engineering, or at least undergraduate level of engineering in the field of engineering, are the ones you see in the engineering department at the undergraduate level. need to see my graduate degree in the specified fields. Members have at least 10 years of experience in the fiscal-finance area, at least three in the bank, and at least 10 years of senior management, or at least 10 years of higher education, including a proposal from the Minister of the relevant Ministry. He is appointed by the Council of Ministers. The Council of Ministers appoints one of the members as the second person, as well as the second one.

5. a) Board members may not receive any official or special duty as they are based on a special law, nor can they manage, associations, foundation, co-op, and so on, cannot engage in trade, free trade activities, fee-related conferences and lectures. And they can't get a job like that, they can't have a share in all kinds of partners. The members of the board have to dispose of their finances within 30 days of their appointment, to a third degree, to the third degree, to sell or to transfer the water to the third degree, to the right of the water and to the second degree. Members whose states do not comply with the provisions of this fund are withdrawn from the membership.

b) Members of the Board cannot take part in the installation of this Law within two years following their separation of duties. The members of the Board are identified by the Council of Ministers upon the proposal of the Institution's professional principles.

These are the questions, the relevant Ministers for the members of the Board, and for the establishment of the Board of the Board of the Board of the Board of the Board of the Board of the Board of the Board of the Board of the Board of the Board of the Board of the Board according to the provisions.

ARTICLE 2.- 4389 is the number (1) of the Code 7 (1) and the number (b) in the lower end of the number (bc) is the following.

1. The decision of the establishment of a bank in Turkey, or the opening of the first one in Turkey, in Turkey, is allowed with the decision of at least five members of the Council in the same direction. The basis and procedures for the dislocation of the fire are determined by the regulations to be held in accordance with the establishment. The permissions for the installation or construction in Turkey are invalid if it is not operational within a year from the date of the permit.

bc) The following is a direct or indirect percentage of the bank that is being described in the 14th article. yönetimMADRID 3, or more or more, of the management or audit boards, even if they are at or below the rate of this ratio. - The last sentence (a) of the number 8 (a) of the number 8 of the Code 4389 is the last sentence (b) that has occurred with the first sentence of (c), and (c) the current state, (d) the current state of effect.

Members of the administration or control boards The transfer of stocks that give the concession or to identify the intifa are subject to the Board's permission:

Ten percent or more, or less, of the service, even if it is less than or below the server. have stocks that grant membership to the management or control boards The co-founders of the partners who have been identified askuruculardac) the direct or indirect proportion of the capital's capital, which has 10% or more of the bank's capital, The installation is on the board's permission. An example may be given by the owner of the takeover's qualifications that are wanted. This provision applies to the actual business partner or partners if the capital shares that determine the management and control of the environment are owned until they are owned by a common legal entity.

ARTICLE 4.- 4389 of the Code 11 (1) The number of numbers, (2), number (a), (3) and (5), number (5), (6) and (f) were left out of the text, (e) and (f) were left out of the text, (e) and (g) were left out of the text, (h) occurred to me (e) (4), (7), and (8) numbers of numbers (8) were stolen from the text, (9) number of numbers (c) (12) is the second sentence after the fact (12), and the number (12) is known in the other way.

A bank has provided loans with loans, and informal loans, such as bail letters, bail, turnover, and turnover, and acceptance of a bond that will be sold. And other capital markets, such as those whose credits are due to return, whether they are due to return on the terms of their assets, loans and loans of non-government loans, the price of bonds and bonds. on the application of this Law, to account for their share of partnership credits.

2. a) A bank cannot accept, avail, and bail out more than twenty percent of its equity, whether or not a bank is real or legal, or indirectly. Loans to be used by a common partner are the loans granted to the partners at the rate of liability.

3. This Law enforcement will determine the ownership of the loan and indirect credit and to the Board of interest rates in the account's account, with regard to the consideration of the disregarding credit.

5. Economic cooperation and decentralisation of other countries to be agreed to the Council, central banks and credit institutions, or bonds, bonds and other countries that are guaranteed to be paid or paid for by the central banks and credit institutions. The capital markets tools and the implied warranties provided by the above are considered within the set.

c) The principles that are set up by the Board of the banks themselves,

f) are incongruous Partners with a partnership share that do not require any funds deðer(a) the self-provisions are not applicable to the shareholders of real business partners with the ten percent and more percent of the bank capital found in the board memberships, or more than the shareholders of the legal entity.

12. Banks have to leave with their loans, which is expected to be free from other lenders, or to avoid certain damage, which is expected to be unequitable. The qualifications of credit and receivables, which will be met, are determined by the original and the procedures of the Council. In the framework of the Council of Ministers set out of these decisions, the part of the loan is considered to be the expense of the corporate tax on the corporate tax.

ARTICLE 5.- 4389 of the Code 12 ncr The number (a) of the number (a) of the number (1) of the item (1) has been in effect, followed by the consolation accordingly.

ARTICLE 6.- 4389 is the number 13 (4) of the Code (4) of the Code is to be changed in the following way.

4. Banks have been partners and/or partners with managing and managing the Bank and its direct reports, within the framework of the scope and implementation to be determined by the Turkish Banks Association. They are required to prepare consolidated financial statements by consoliing the accounts of non-financial and non-financial partners who have the right or indirect control or administration and control. According to this Law, the standard rates are calculated and applied according to the basis and principles within the framework of the principles and principles to be determined by the Board of Banks. Actual and legal entities that are covered by the consolidated financial statements to be prepared by the Board are obligated to provide all kinds of information and documents within this scope to the relevant banks and the relevant banks.

ARTICLE 7.- 4389 (2), (3), (4), (4), (5) and (5) other than (5) and (6) and (7) are added to the product.

2. a) The institution is unable to meet its commitments as of the arrival of a bank or if the situation is about to be real or that liquidity does not comply with regulations; it is within a plan to approve it from the bank. provide an appropriate time as you may want the situation to be corrected;

aa) No long-term or durations of durations,

eu) an overhaul of the number of people like business and real estate, including

, includinglikiditenin To strengthen the measure, it is possible to take every measure that is appropriate. .b) The institution may not be able to provide capital adequatine with respect to the capital adequatine of a bank, or if it is about to be real; it is within a plan that it will approve. yaba), whether to correct this situation by providing increased or capital-like resources, will not includeKârba), the members of the board of directors and the general manager and their assistance, benefit, bonus, mirror and transfer social assistance. stop the additional payments given in whatever name it is,

bb) Zarek Any measure of the appropriate relative measure to be strengthened by the purpose of strengthening or stopping the detected activity,

bc), and the strengthening of the resources, including

, including the power of the He might want to get it.

3. The agency said that a bank does not have the means to strengthen or completely remove the measures requested under the number of numbers (2) of this Article, or to strengthen the financial structure of the financial system that is not in the process of either being a part of the measures or not. çerçevesindeb) in the framework of the implementation of the provisions of this article in accordance with the implementation of its obligations,

c) that may not be strengthened even if it has been imposed. The total number of its obligations was the sum of the assets,

d) The rights of depositors and the trust and stability of the financial system,arzettiðiniThe Board has the right of least five members, except for the decision, with the exception of the decision, except for the decision of the financial system. Authority to transfer the management and control of the bank to the Fund or to make the bank's actions and/or to accept the deposit.

4. The Enterprise is either directly or indirectly related to the management and control of a bank, whether its sole or co-owning partners may have been compromised by the bank's resources to be stolen in a way that is compromised. If they were to use their favour or to damage the bank, the Board would not allow the board to transfer control and control of the bank to the Fund, with the exception of the decision, with the exception of the decision, with the exception of the vote in the same direction. authority.

5. a) The Fund, (3) based upon the provisions of the number (3), the management and control of the partnership with the exception of the exception of the exception of the transfer of the bank to itself;

aa) the appropriate terms, and the application of the applicable relative terms, Unlike its non-demand personnel, the deposit totals, as of the date of the handover of interest rates imposed by the highest bank, are the insurance savings deposit and the passive savings account. pens, to a bank to be installed, or those who are willing to use existing banks to transfer and/or bank transfer and/or to request the acceptance of the Board of Deposit (s), to not take the deposit amount in the scope ofSigortaeu) Insurance, and to have the full shares complete with the registration, capital, and/or to take over the damages,

is the authorities. Shareholders representing the payment of the payments that will be repaid by the takeover will be indent to the Fund.

The following are the collection of the delegated flows of the lower bendi provisions of this bank. The difference is paid by the Fund if it is unable to meet the sum of the transferred passifs. In this case, and right, the lower bendi provisions of this Law do not apply to the bank's bank (2) and (3) the number of numbers (3) of this Law if you are permitted to accept the deposit and accept deposits. According to the Articles 16 and/or 17 of this Law, bankruptcy tables are set up, The Fund will be charged as much as the amount paid.

b) The Fund, (4) has the right to manage and control the governing rights with the exception of dividend, according to the number (4) provisions, and

ba) the way that is identified in the following article: tekbb) to ask for the return or compensation of the used resources or any damages, and to transfer the shares to real and legal persons to be eligible for the Board,

bb) Administration and control, or indirectly, single Partners with the partners or partners that you have Actual shareholders who have more than ten percent of their capital are eligible for themselves, their business and their children in custody, property, rights and credits for the foreclosure, and their assets and their securities and their assets. gains and revenues, and the cost of goods, rights, credits, and securities of goods, rights, credits, and securities that they have or will not, in the two years prior to the notification of the notification, have been given a commodity statement. to request,

bc) Administration and control, or indirectly, single-step or The precautionary measure, including the precautionary measure to seek collateral on the assets of its co-existence, includes restraining the interests of the creditors, including a precautionary measure for the benefit of the creditors. request from the relevant court,

is the authorities.

It is mandatory to grant the requested goods statement to the Fund within seven days at the latest, according to these bent provisions. The provisions and conclusions of this declaration of goods apply to the relevant provisions of the 2004 number of the British Law and the Law of the Israeli Law. Within the framework of these bent provisions, the measures and foreclosure decisions are eliminated within six months from the date of the decision, or if no subject is subject to the enforcement or bankruptcy proceedings. The fund does not search for the pain in the case of cancellation, according to the First Bap provisions of the British and Israeli Law.

The resources or damage caused by this Article (4) in the United States in the United States If no return or indemnition is returned within the period of time, the amount of these damages or resources used is Fona. If these resources or damage have been damaged or recovered during the given period of time, the company's shares will be inexpendent.

c) This is the Law According to the provisions of the provisions of the company and its controls or shares in accordance with the provisions of the association and the banks of the Fona, the Bank of 492 is the 2nd, 23rd, 29th, and the banks of the Code of Arbitration, which is the third party of the Act. The Court's Buildings Department, With 2548 Prisons And Prisons, Will Be Served As A Regular. As the provisions of the Law No 1 on the Cost of Food to be Paid To Fees And Prisoners, provisions of any precautionary measures and precautionary foreclosures are not sought after. In cases where the Fund and the banks of the Fund are held, the cases of the Law Procedural Reasoning are enforced in cases of the Law-Procedure Procedure.

6. The Fund may, in accordance with the provisions of the number (5), be the necessary financial and technical assistance to the stock and to install or install any of its assets and obligations, in accordance with the financial and technical assistance required by

a). to transfer to a bank or to a bank that is willing to bank,

b) strengthen and redo the financial system, to ensure that trust and stability are maintained in the financial system; and to be considered necessary by the Council. increase capital, Central Bank, when it is needed to get it done To take part in criminal obligations, to postpone or discontinue the criminal obligations, to buy or to sell real estate and other items, or to advance or to advance as collateral, to advance or to advance. To make deposits, to take credit, to take over the losses, to sell the assets and stocks that they have in this way, to sell them to third place, to guarantee their debts, to extend their debts, to guarantee their debts, and to make all kinds of assets and assets. as he will be able to sell the cash, as he will be able to sell the cash. The Fund nam and account, including those with public capital, in the framework of the Fund nam and account, to issue bonds to the fund,

And to take any necessary measures or to take the bank's (5) number (aa) below the bank. are authorized to apply their provisions. The turnover and (5) will not be searched for the rpm according to the number of fikra provisions.

The Fund does not seek out any rights, benefits and exemptions granted to it by itself or by the Fund's rights. The provisions of the Turkish Commercial Code, which benefited from the provisions of the Turkish Commercial Code of 6762, dated 23/2/1995 and the protection of the 4077-numbered consumer, are exempt from the 29th provision of the law and the public legal entity that has completed its capital. It can also be real with a haemar vehicle.

7. The Fund is to take all necessary measures to ensure that it is safe and registered by its rights and controls or shares in the bank with the exception of the dividend, according to the provisions of this article, and the trust of all the assets of the bank. are authorized to benefit from the assistance and support of public institutions, including the purpose of this purpose. The Fund may also provide such support within the framework of the agreement.

The Fund's board of the bank to be installed under the terms of the measures written by the Fund, and the 7th of this Law in the construction and development of the United States. Article 7, 10 and 11 of the Bank's Law on the Protection of the Competition of 4054, with the provisions of the 6762 Turkish Commercial Code and the total number of banks that will be subject to the transfer of the total number of banks within the sector is not exceed 20%. does not apply, the decision of the installation is published in the Official Gazette and the bank, the Institution It is registered to the Trade Registry at the request. These are the exceptions to all kinds of taxes, pictures, and tuition. The Bank is permitted to perform a temporary period of bank operations and to accept deposits in the bank, which is established under the provisions of this Article, and is established by the Fund under the provisions of Article 7 and 8 of this Law within the term of the bank's consent. will be transferred to third place, within the basis and the procedures to be determined. If the handover cannot be done within the given period of time, the consent period may be extended by the Board. The Bank's permission to conduct a temporary loan to the bank and accept deposits will be continuously made at the time of the transfer. (5) In accordance with the provisions of the article, the shares of the Fund shall be transferred to the third parties in accordance with the basis and procedures set by the Fund to be determined by the Fund, by applying the provisions of this Code 7 and 8.

These provisions of the Article It is published in the Official Gazette on which the banks ' shares or dividend are approved, and their management and controls are held to the Fund or to remove the bank's permits to accept deposits and to accept deposits.

ARTICLE 8.- The number 15 of the Code 4389 (1) is above the sentence was added, (2) the last sentence of the number (5) was the number (b) the number (b) and (6) the number of the number (a) was otherwise known to me.

The Fund shares the shares and/or management and control according to the 14th clause. The strengthening of the financial structures of the banks that have been found, to be restructured and to third-place people and to do the other things that have been given to him by this Law.

In the case of the Fund, the Undersecretary of Treasury is permitted to do so. The Treasury is in need, as it can be debuned with a record. The long-term private term State Ric Debt can be exported to be given to the Fund by the Undersecretary. The special term is determined by the Undersecretary of State and the Institution by the Undersecretary to the Institution, including the interest rates and repayment of the State Ric Debt. The fund has all the right to save on the debt it owes. The provisions concerning the borrowing of the fiscal year budget are also valid for these sensations.

b) In the event that the Fund resources are not needed, the Fund will advance to the Fund at the Central Bank at the request of the Agency. The amount of interest and interest to be applied by the advance, payment, redemption, and increase of interest will be determined by the Agency.

a) The scope of the savings deposit, which will be subject to the insurance, amount, the insurance premium With the description of the order, the time is determined by the Convention. All banks that accept deposits are required to reinsurance the savings deposit they accept within these scope and conditions.

ARTICLE 9.- 4389 is the number (1) of the total number of 16 items (2) of the Code, plus number 18. The "Council of Ministers" clause of the "Council of Ministers", which is the "Council", is the "14th article (5) number" of "14th item (5)"), which is the "number 14 item".

ARTICLE 10.- The final sentence of the number 17 of the 4389 Code of Law (1) is the final sentence. from the text of (2), the number (3) of the number (3) was added to the product and followed by the consolation of the number (3).

2. This clause is the result of the 14th Article (3), (4) and (5) the management and control with the exception of the dividend, except for dividend (4), whose shares were counted in the number (4) of this Article (1) of the article. This applies to the bank officers responsible for the implementation of the number (3) and the bank officers who are counted in the number (1) of this item, as well as the failure to apply the number of the following.

3. The provisions of the 14th Amendment (5) of the number (5) of the number (b) and the provisions of the containment measures are also enforced in this article.

ARTICLE 11.- The first sentence of the 20th of the Code 20 (2) of the Law No. 4389 The following is added to the number of other items, number 6 (6).

Banks that do not accept deposits are numbered 10 (2), (3) and (4) of this Law, and (1), (2), (3), (5), (6), (12), (12), (12) nci article, number 14 (5), (6) and (7) numbered seals, 15 (2/c, d, and e bentes). are subject to the provisions of Articles 16 and 17 in the terms of the provisions of the ncu. However, if the Institution has identified the states listed in the 14th article of this Law (3), the bank's permission to do the banking operations will be determined by the decision of at least five members of the Board in the same direction, and they will be made public. are liquidated according to the provisions.

6. Private finance, which does not have the authority to collect deposits but collects funds through accounts that give special current accounts and profits and losses, and finance economic activities through equipment or commodity supply or leasing, or through common yachts. institutions of the 10th item (2) and (3) of this Law, the number of the article 12 (2), the number of the number (2), number 14 (5), (5), (6) and (7), 15 (excluding 2 /c, d and e Bentons), 16, 17, and 19 of the article 20 (2) the provisions of this Law are subject to the provisions of the number (2), the provisions of this Law. It is authorized to make any arrangements under consideration of the accounts of the accounts that give them the right to profit and damage to these institutions within the framework of the framework. However, if the Institution has identified the states listed in the 14th article (3) and (4) of this Law, the operating permit of the private financial institution remains with the consent of at least five members of the Board with the consent of the same vote. All kinds of financing activities, such as financial leasing or profit and damage, from private financial institutions to financial leasing or profit and damage, are also referred to as credit according to this Law. According to the provisions of this Law, the funds and other commitments raised by these institutions through accounts of special current accounts and accounts of r r and harm are numbered 1211, as well as the number 40 (II) of the Central Bank of the Republic of Turkey. are subject to the provisions of the paragraph (a) of the paragraph (a). The sentencing provisions in Articles 21, 22 and 23 of this Law are also applied to private financial institutions and attendants.

ARTICLE 12.- 4389 The final sentence of number 21 of the Code (3) of the Law is the 21st the statement.

In addition to the provisions of the article number (1) of the company and the representation (c) was applied to the request of the Agency, as part of the 9th section of this Law (6), and the provisions of the article (c) were applied. It can be temporary or shut down by the governors.

MADDE 13.- 4389 Code of Law 22 article (8) is the number of the number of the number (8)..8. Members of the banks and other officers, whose actions they are associated with with the incident and their duties, cannot open their bank or their client's insiders to the authorities in this regard as they are legally authorized. This obligation will continue after they are relieved of duty. For those who have been diagnosed with the provision of this provision, a fine of up to three years in prison and no less than one billion lira will be ruled by the fines. A number of third-party penalties are also imposed on the bank and its regulars. For the monitoring and control of the loans, the main activities are the financial institutions that are insured with the money and capital markets and the financial institutions that operate under the special laws of the institution and the financial institutions that operate with the licenses and the institutions to be considered by the Institution this provision is the case for information to be done by the current or at least ten institutions in connection with the search.

MADDE 14.- 4389 is the 24th item (3) of the number of the current state and item (6) are added to the product in the current state.

3) 22 The right to prosecute related installations of the nci clause (3), (6), (8), and (9) for the crimes of the article is saved.

6. On the basis of the 64 and 65 articles of the Banks Act of the Mulga 3182, the Board of Directors and the Board of Directors, appointed by the Minister, the Fund or the Institution, and the members of the Board of Audits and the Board of Directors, The lawsuits against the Fund will be filed against the Fund, which will be opened and opened for the cause. They are only dreaming if they abuse their abuse of their duties. The penalties for crimes in this Code are subject to the procedures specified in this Article.

ARTICLE 15.- The "1998" clause of the Tentative 1 (d) clause of the Code 4389 is "1999", and (a) and (b) The first sentences, and the Temporary 2 nci (j), are currently being disinvened, the Temporary 2-nci Item (g) has been supersede.

The Board and its members are assigned until 31.3.2000.

Until the installation date of 31.8.2000 operational.

j) The banks that were bankrupt prior to the date of this Law The liquidation shall be executed according to the provisions of this Law, by the registration of the insolvency administrations, with the registration of the remaining. In the implementation of this Article, bankruptcy administrations are entitled to the Fund in the 4th, 8th and 9th terms of the 16 articles of this Law, as well as the powers of bankruptcy and bankruptcy management, and the following is a case of 492% of the Code of Letters, 23th. The sentences of the 29th, the 2548 and the Court of Prisons and the Court of the Court, shall not be imposed on the Cost of Food and the Cost of Food to be Imposed Against The Prisoners, as well as the provisions of any precautionary measures and conditions of the Law. There is no need for collateral in the demands of the need for foreclosure. Prior to the date of this Law, dated 25.4.1985, dated 23.8.1993, of the Code 3182, of which the Act was based on the 3rd section of the 64th Amendment, which was abolished, and the olunurMADDE 16.- 1211 The number of 40 items (II/d) of the Central Bank of the Republic of Turkey, as well as other authorities and their tasks:

Uncertainty in the bank system, bank system and mistrust and fund ramias, while the law is set to run 36. In the scope of the ncu clause (b), uncertainty and mistrust in their rights, or banks under the 14th article of the Banks Code of 4389, will be used by the Bank to decide on the fund's rafts. amount of credit.

If the bank has permission to make bank bank assets and accept deposits in relation to the banks that have been given credit, the Bank will fail to file for bankruptcy, including the amount of credit provided. The privilege will be taken at a time.

MADDE 17.- 16.12.1983 All legislation, dated and 83/7506, of the establishment of a number of Private Financial Institutions, Activities and Liquidating Decisions, and all other legislation that has been removed from the decision by the Council of Ministers for the Decision of the Council of Ministers for Human and Procedural Provisions.

NOT SUPERSEDE 1.- The ratio of number 11 (2) of the 4389 Code of Law (2) was 70 per cent from the time of the number (a) of the number of people, from the current period of loans, from the date of this Law to the current date of 2001, 70% until 2002, and 60% until 2003. Fifty per cent up until 2004, up to 2005, 2006. Up to 30 percent, until 2007, twenty percent were implemented.

INVALID ARTICLE 2.-By the time the agency became operational, 4389 were the banks of the Code 14 under the provisions of the Law. The bank's shares of the former stockholders, if the banks or shares of the banks covered under the 14th article of the Banks Act of 4389 are sold to new partners, if the bank's transfer or shares of the banks are to be sold. completely overhauling and new stockholders ' bank property including capital or capital-like resource allocation, capital or capital-like resources, or the takeover of losses and other capitalized funds, to avoid any amounts of capital or capital-like resources to the bank, including capital or capital-like resource. The Council of Ministers is authorized to take all measures to be taken. The Council of Ministers for these measures shall be executed by the relevant Minister.

SUPERSEDE 3.-a) The private financial institutions operating at the effective date of this Law are 4389% of the Banks Act. They are required to indent them in two years. Private financial institutions that do not account for the provisions of Articles 7 and 9 of the Banks Code of 4389 are liquidated according to the general provisions.

b) Banks 4389 Regulations for the private financial institutions within the framework of the provisions of the law Continue to apply the non-compliance provisions of 4389 of the Banks Act until they are done.

ARTICLE 18.- This Law;

a) is the 14th of the Code 4389, which is based on 7 nci.

B) The Council of Ministers executes the provisions of this Law on the release ofDiðerb) on the release of Digits.

ARTICLE 19.-

ARTICLE 19.-

MADDEARTICLE 19.