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Law No. 4491 Date of Admission: 12/17/1999 Article 1 of the Banking Law No. 4389, dated 18.06.1999, under Article 3 (3) and (5) with paragraph (8) the last two sentences of the paragraph is amended as follows. 3. decision-making body of the organization, one president, one of the Banking Regulation and Supervision Board is composed of seven members, including the vice-president. Chairman of the Board, the Board is also the chairman. Members of law, economics, finance, banking, business, political science, in at least undergraduate degrees in engineering fields related to public administration and the disciplines or those branches, while those who have studied at the undergraduate level in engineering fields must have a graduate degree in a specified area. Members; The Council of Ministers is appointed on at least 10 years experience and senior management have made or at least 10 years of a faculty member who nominated the recommendation of the relevant Minister of the above disciplines in the fiscal-financial areas, including at least three banking. The Council of Ministers shall appoint one of the members as the Chairman and one of the president. 5. a) The Board members do not receive a special law, unless based on official or private no duty, associations, foundations, cooperatives and management can not do in other places, trade can not engage in, can be found in self-employed activities, paid conferences and courses can not, exams and so can not take part, They can not hold shares in any partnership. Board members following their appointment to this position up to third degree of the shares within 30 days of the fiscal blood and affinity up to second degree relatives are obliged to dispose of by selling or transfer to outside. The members make the appropriate status of the provisions of this paragraph shall be deemed to have withdrawn from membership. b) The Board members shall not be employed in the establishments covered by the scope of this Act within two years of leaving office. Ministers are determined by the Board members of the Board of Directors on the recommendation of guidelines to be followed by the professional staff of the institution. In related investigations, the Minister related to the Board members, staff of the Authority is made according to the general rules provided the permission of the Board. Article 2 of Law No. 4389, Article 7 (1) and paragraph (2) of paragraph (b) of paragraph (BC) sub-paragraph is amended as follows. 1. establishing or established outside the country to a bank in Turkey to the opening of the first branch of a bank in Turkey, given at least five members of the Board let the decision taken by a vote in the same direction. basis for granting permission to allow the application to be made and shall be determined by regulation and will be held by the Authority. Organizations or permits for the opening of branches in Turkey from the date of permit becomes invalid if not commence business within a year. bc) about a bank which made the process in accordance with Article 14, either directly or indirectly, ten and more percent or the absence of the owner, even if the management or control that the privilege of nominating the members of the committee share below this rate, Article 3 - 4389 Law of Article 8 (2) paragraph (a) the last sentence of paragraph (b) in the first sentence of paragraph (c) shall be amended as follows: (d) has been repealed paragraph. Giving the privilege to appoint members of management or supervisory board or transfer of the usufruct granted stock is subject to the approval of the Board Notwithstanding the above, the proportional limit. qualifications in the capital and directly or indirectly ten percent or more of common with the founder, even if this ratio under management or control of the franchisor is required to appoint members to the board of the stock to move. c) the Bank's capital by legal entities that own 10% or more of the capital, directly or indirectly: (a) the rates specified in sub or change hands within the guidelines is subject to approval by the Board. The permit granted on condition that the founding partner inherits the qualities required in the transport. This provision if the individual does not belong to another legal entity the capital shares determining the management and control of legal persons until it reaches the joint implementation partner or partners. ARTICLE 4. 4389 Act with Article 11 (1) Paragraph (2) of paragraph (a) paragraphs (3) and (5) numbered paragraphs, (6) of paragraph (c) and (f) bend following amended, (6) as paragraph (e) and (g) was removed from the text, (h) of paragraph (e) continued as paragraph (4), (7) and (8) the clause removed from the text ( 9) of paragraph (c) and the second sentence came after me (12) the following paragraph It has been amended. 1. A cash given by bank loans and letters of guarantee, sureties, acceptances, non-cash credits and endorsements and acceptances, bonds will be purchased and similar capital market instruments, borrowed will give by making a deposit or in any manner whatsoever are receivables arising from sales of assets, overdue cash loans and the cost of non-cash loans that have been converted into cash, irrespective of the shareholding of the accounts they are deemed credit on the implementation of this Law. 2. a) loan from a bank can not give more than twenty-five per cent of the real or legal person directly or indirectly in the equity can not accept the guarantees and sureties. credit will be given for use by an ordinary partnership, given to the shareholders in proportion to their responsibilities deemed credit. 3. In the application of this Act indirect share ownership, lending and lending rates in the calculation of non-cash consideration of the definition of indirect participation with a credit limit determined by the Board. 5. Economic Co-operation and Development Organization member countries with the Board will be considered the central government of other countries, central banks and transactions made with credit institutions or they are issued by or payment of guaranteed mutual funds, bonds and other capital market instruments and transactions made provision for guarantees given other Assembly taken into consideration within the specified ratios. c) the principles to be determined by the Board within the banks themselves that transactions, f) value increases do not require any funds out of the partnership shares acquired in partnership with bonus shares. (A) the provisions of subparagraph, the board of directors of public entities and natural persons in bank capital in membership which has directly or indirectly ten percent or more will be charged on the shareholders of the partners. 12. Banks, born from other credit receivables arising or expected, but the amount must allocate money to cover the damage that is not precisely known. mainly related to the provision of loans and receivables to be allocated and the qualifications shall be determined by the Board. This provision of the Council of Ministers determines the portion corresponding to the principles of unsecured loans within the remaining institutions divided the year they are recognized as expense in the determination of the tax base. Article 5 of Law No. 4389, Article 12 (1) of paragraph (a) repealed paragraph, the following paragraph has been rearranged accordingly. ARTICLE 6. Article 13 of Law No. 4389 (4) the paragraph is amended as follows. 4. Banks are taking the opinion of the Banks Association of Turkey will be determined by the Board in scope and application framework principles, direct and indirect subsidiaries with management and the partnerships they have to control and / or partner with these partners directly or indirectly own or financial that dominate the management and control and financial by consolidating the accounts of non-consolidated subsidiaries are required to prepare financial statements. According to this Law entered into force shall be determined by standard rates of banks by the Board within the framework of principles and guidelines based on consolidated basis is calculated and applied. Natural and legal persons established by the consolidated accounts will be prepared in the scope of the financial statements, all information and documents requested from them in this regard, banks are obliged to give and drying. ARTICLE 7 4389 Law Article 14 (2), (3), (4) and (5) of paragraph amended as follows substance following (6) and (7) the clause has been added. 2. a) Authority that meet the commitments at maturity of the assets of a bank or if it is determined that comply with regulations regarding liquidity or about to happen in this situation; banks, according to a plan to be approved by an appropriate period of time as may be requested to correct this situation; aa) to invest in long-term or fixed assets, ab) the disposal of fixed assets such as investments in associates and property, including Da, in order to strengthen the liquidity may wish to take any measures it deems appropriate. b) The Authority is based on inadequate regulations governing the capital adequacy of a bank's equity, or if it detects that it is about to happen in this situation; From the bank, according to a plan to be approved, through the provision of share capital or subordinated resources such as it may wish to correct this situation, ba) profit distribution, not the board members and the remuneration of the chief executive officer, bonuses, kind and cash benefits or any what name Regardless of the suspension of the additional payments under bb) limit or suspend the activities that are causing losses, BC) yield is low or the disposal of nonperforming assets, including Da, in order to strengthen its equity may wish to take any measures it deems appropriate. 3. The institution of a bank; a) This item (2) receipt of the required measures under the paragraph that partially or totally take these measures or partially, although completely taken that there is no possibility to strengthen the financial structure or that the financial structure is weakened to the extent that can not be powered even when such measures, b) Obligations instead of the term being unable to c) of this Article in accordance with the valuation principles to be determined by the Board in the implementation of the provisions exceeds the total value of the assets of the total value of liabilities, d) Operating the continuation of the depositors' rights and financial system confidence and threaten terms of stability, if the detection meat, the Board of at least five members in the same direction excluding the dividend decision taken by a vote of the shareholders rights and control of the bank's management to transfer funds or conduct banking transactions and / or are authorized to remove the permission to accept deposits. 4. The Agency's management and control of a bank, either directly or indirectly, alone or together with the partners holding, so make sure the bank resources the bank will jeopardize the operation manner directly or indirectly, they use it to their advantage or bank if determined that they have damaged thereby Board at least five members of the decision taken by a vote in the same direction as the shareholder rights except dividends they are entitled to transfer the bank's management and control of the Fund. 5. a) The Fund, (3) Excluding dividends according to the provisions of paragraph shareholder rights management and supervision of the bank transfer will be issued as a basis transferred to it by its balance sheet; a) Proper see which assets, organization and unlike the demand for non-personnel and transfer date, the total deposits of the five highest bank of the interest rates applied by the insurance subject to the savings deposit with accrued interest to exceed the average and passive Located money items, to a bank to be established or willing of the existing bank to transfer those and / or conduct banking transactions and the removal of permission to accept deposits to request from the Board, the eU) not to exceed the deposit amount covered by insurance and the condition to have all of its shares, to take over the losses corresponding to the capital, it is authorized. The shares representing the equivalent of payments to be made pursuant to the acquisition of the loss to the Fund shall be transferred without the need for any further processing. About this paragraph (aa) the provisions of subparagraph of the bank's total liabilities of the transferred assets transferred meet applied if the difference between the total paid by the Fund. In this case and for this paragraph (aa) subparagraph shall be applied by the bank's banking and deposit acceptance of this Act if the abolition of the permit Article 16 (2) and (3) the clause does not apply. 16 of this Act and / or in the establishment of the bankruptcy process, according to Article 17, the amount paid by the Fund shall participate in them as a privileged creditor. b) Fund, (4) the shareholder rights except dividends according to the provisions of paragraph management and control of the bank transferred to itself; ba) as specified in the aforementioned paragraph used resources or the loss suffered, not returned within the time limit or compensation of and shares the Board deemed appropriate facts and to ask to be transferred to the legal person, bb) management and control, directly or indirectly, legal, alone or together holding people themselves from the real person shareholders holding more than ten percent of the capital of the joint, immovable property and its affiliates of their spouses and children under their custody, movable property, which permitted the seizure, rights and claims of and securities and all kinds of earnings and revenues, as well as two years prior notification onerous or gratuitously as acquisitions which they or immovable property which they transfer, seizure permissible movable property, rights, claims and asking them to give a goods declaration shows the securities, bC) management and control, directly or indirectly, alone or together with its partners holding assets on deposit without seeking injunctive , including a ban on leaving abroad sequestration decisions, which is essential for the benefit of creditors of all kinds The conservation measures to be taken to request from a court is competent. This must be given to the Fund within seven days of the desired goods declaration in accordance with the provisions of paragraph. This declaration of goods and provisions of the relevant provisions of the Execution and Bankruptcy Law No. 2004 on the results are valid. These measures and decisions taken in the context of paragraph lien provisions, unless the subject of litigation or enforcement or bankruptcy within six months from the date of the decision will disappear spontaneously. about the Fund and the Executive about 2004 in the case of insolvency certificate must cancel the provisions of the Bankruptcy Code will not be sought by the Eleventh Bapu. This article (4) to paragraphs in return in the manner specified in the resources used or incurred damages time or regardless if it is not compensated to the amount of the damage or the resources used shall be transferred to the Fund's share of these partners. These resources or damage incurred shall, restitution Although, even if it is determined that all of the damage incurred exceeds the equity of the bank's shares without further treatment of the Fund within the given time. c) The provisions of this Act except dividends, according to shareholder rights, management and control or shares of the banks transferred to the Fund, 2 nd of 492 numbered Fees Act if they go to the aspect to collect the debt claims or follow-through, the 23th, the Court by Article 29 and No. 2548 Prisons Construction of the building will be taken as a prisoner to be obliged to recover the Food Reserve Funding and Article 1 of the Law on Costs shall not apply as collateral requirement in all kinds of precautionary measures and demand sequestration is not required. In cases relating to the Fund and the banks will be transferred to the Fund series of procedural Law of Civil Procedure shall apply. 6. Funds, (5) shares in accordance with the provisions of paragraph banks, which are referred to it; a) If necessary, by providing the financial and technical assistance, assets and liabilities partially or totally, a bank transfer or bank to be established or those willing from existing banks to merge with another bank which is willing, b) ensure the maintenance of security and stability in the financial system, the Board considered necessary to be limited to circumstances; to strengthen the financial structure and restructuring to increase its capital when needed, the Central Bank of the opinion of legal reserve obligations by taking by raising the penal interest to postpone or reduce, subsidiaries, real estate and other assets to buy or them to give advance in return receive as collateral or to make deposits, receive , to take over the losses, sell assets and shares owned in this way discount or to third parties by other means, the maturity to guarantee the debt on condition that extended, as can provide all kinds of credit and bonds into cash assets itself, under the agreements to be made public capital with other banks, including to push through and on behalf of the Fund converted to cash them, and about to take any measures it may deem necessary or bank (5) of paragraph (aa) of subparagraph shall be authorized to practice. This paragraph and (5) the consent of the creditor and the debtor made the transfer in accordance with the provisions of paragraph is not required. Fund tasks assigned to it by this paragraph, all rights owned directly or Fund, benefiting in the same way the benefits and exemptions, establishment and capital increase 6762 of the Turkish Commercial Law by 23.02.1995 dated and 4077 of the Law on Consumer Protection Article 29 of exempt from the provision of capital and can perform all owned through a company having legal entity. 7. Fund, except for dividends, shareholder rights, management and control or shares according to the provisions of this Article in the bank transferred to itself all banking assets and records, and to take all necessary measures to ensure the security of documents and of public institutions to be limited for this purpose to benefit from the help and support it is authorized. The Fund can provide support under the agreements to be made in private institutions. by the Fund on this matter in the bank to be established in order to take the appropriate measures and this Act the Fund made by mergers and acquisitions of Article 7 of 6762 of the Turkish Commercial Law with mergers and subjected to the share of the sector in the total assets of the bank to 20% 4054, provided that exceed No. the Law on the Protection of competition 7, 10 and Article 11 is not applicable, the decision on the establishment Published in the Official Gazette and bank, it shall be registered in the Commercial Register at the request of the Authority. These operations are all kinds of taxes and is exempt from fees. Within this article permission to perform banking transactions to temporarily bank established in accordance with the provisions and accepting deposits given and banks are permitted during the period of this Law 7 and Article 8 shall be determined by the Board of the Fund by applying the principles and procedures are transferred to third parties. the transfer could not be completed within the allowable time period may be extended by the Board allowed. The banking for the bank, and if given a temporary permission to accept deposits made permanent revolution. (5) The shares transferred to the Fund in accordance with the provisions of paragraph shall be determined by the Board of the Fund by applying the provisions of Articles 7 and 8 of this Act within the rules and procedures to be transferred to third parties. In accordance with the provisions of this Article, the banks do their share or shareholder rights except dividends, management and supervision of the fund transfer or banking operations and Board decisions on the abolition of permission to accept deposits published in the Official Gazette. Article 8 4389 Act Article 15 (1) added the following sentence to paragraph (2) No. The last sentence of paragraph (5) of paragraph (b) I and (6) of paragraph (a) has been amended as follows. Funds, Article 14 shall share according to and / or management and supervision of the strengthening of the financial structure of the bank have been transferred to him, the restructuring and the third person to transfer and to him by this Act to make the other officer is authorized. Funds in emergency situations, such as when the product needs with the prior approval from the Treasury may borrow long-term exclusive arrangement to be given to the State Treasury Fund Loan Debt Securities may be issued. Special Issue Government Debt Securities' interest rates and repayment terms will be subject, including the principles and procedures determined jointly by the Treasury Authority. The Fund has the right to any kind of savings on his debt. The provisions relating to the debt in the fiscal year budget law also applies to these securities. b) exceptional circumstances, the Central Bank of the Fund is given in case of an advance at the request of the Authority meet the requirements of funding sources. The maturity of the advances received, amount, manner and terms of repayment with interest rates and other matters based on the opinion of the Authority to be applied is determined by the Central Bank. a) shall be subject to the scope of the insurance savings deposits, the amount of time charged with the tariff of insurance premiums, shape and other matters determined by the Board. All banks that accept deposits, savings deposits must insure that they accept terms and conditions within this scope. Article 9. The 4389 Law Article 16 (2) of the clause with Article 18 (1), the number passing in the paragraph "Council of Ministers" phrases "Board", the provisions of Article 16 (7), last in the clause "in Article 14 (5 ) paragraph "to" Article 14 (3) paragraph "as amended. Article 10- 4389 Law Article 17 (1) is removed from the last sentence of the paragraph text of paragraph (2) of paragraph amended as follows: the substance of the following (3) the following paragraph by adding the clause is amended accordingly. 2. This article is Article 14 (3), (4) and (5) the clause in accordance with the dividend with the exception of shareholders' rights, management and control or shares of these substances bank funds to be transferred (1) of the said article with the partners mentioned in paragraph (4) with operations specified in paragraph (3) and with the number of this responsibility in the process led to the implementation of Article paragraph (1) of the bank about the bank officials listed in paragraph bankruptcy is applied regardless. 3. Article 14 (5), paragraph (b) provisions regarding the declaration of goods at me and conservation measures are applied by analogy in this article. ARTICLE 11 Law No. 4389, Article 20 (2), first sentence of the paragraph be amended as follows, the following item (6) paragraph has been added. Accept deposits banks of this Law Article 10 (2), (3) and (4) the number, Article 11 (1), (2), (3), (5), (6), (12) numbered paragraphs 12 Article, Article 14 (5), (6) and (7) paragraph of 15 (2 / c, except d and e dams), 16 and Article 17 of the provisions of other substances outside the Subject to the provisions. However, as of this Law Article 14 (3) has identified situations specified in subsection unless the Board permission to make their banking transactions of at least five members are removed by a decision taken by a vote in the same direction, and they will be liquidated according to general provisions. 6 but without a deposit collection authority, current accounts and profit and collects funds through accounts that qualify to damage economic activity equipment or commodity supply or lease or joint investments by financing private financial institutions of this Law Article 10 (2) and ( 3) numbered paragraphs, Article 12 (2) paragraph of Article 14 (5), (6) and (7) paragraph of 15 (2 / c, d and e except me), the 16th, 17th and 19th substance with Article 20 (2) are subject to other substances other than paragraph provisions, institutions provisions of this Act, taking into account the characteristics of profit and accounts that qualify to losses related to these institutions in the context is authorized to make any kind of regulation. However, as of this Law Article 14 (3) and (4) if the detected condition specified in paragraph of private financial institutions operating permit to the Board at least five members are removed by a decision taken by a vote in the same direction. Private financial institutions or lease of the property in terms of commodities and any profit or loss made by joining methods such as credit financing activities in accordance with this Law shall be deemed. According to the provisions of this Act, these institutions current accounts and profit run and the funds collected through the accounts that the right to participate in losses and other commitments are also No.1211 Central Bank of the Republic of Turkey of the Law Article 40 (II) of paragraph (a) is subject to the provisions. This Law 21, Article 22 and 23 located in the penal provisions also apply to private financial institutions and officials. Article 12 of Law No. 4389, Article 21 (3) The last sentence of the paragraph is amended as follows. This Law Article 9 (6) in contravention of paragraph provisions on opening branches and representative offices in the country (1) in paragraph (c) Although the provisions of subparagraph applied to them by the governor at the request of the Authority can be temporarily switched on or off continuously. ARTICLE 13 Law No. 4389, Article 22 (8) of the paragraph is amended as follows. 8. Bank of members and other officials, titles and duties due to banks or customers of the secrets they learned from someone else expressly authorized by law to disclose it. This obligation continues after leaving office. This material is not less than imprisonment up to three years and a billion pounds a year for persons who are found to have violated the provision shall be subject to heavy fines. Banks and the same penalties are also disclosed trade secrets of third parties, the customer is charged. To follow credit and control of the insurance with the main activities in money and capital markets and allow taken under special laws on these issues and the financial institutions that operate with a license to be deemed appropriate by the Authority among companies with respect to customers by directly or at least ten institutions information will be held by the company will be established to exchange are excluded from this provision. ARTICLE 14. Article 24 of Law No. 4389 (3) and paragraph amended as follows: substance (6) paragraph has been added. 3) The provisions of Article 22 (3), (6), (8) and (9) the right to sue because of the crimes of relevant institutions in paragraphs reserved. 6. Repealed No. 3182 of the Banking Law 64 and Article 65 regarding the bank conducted transactions in accordance with Article 14 of this Act, the Minister, the Fund or the management appointed by the Authority of directors and supervisory board members due to the performance of against the mission opened and will open the proceedings opened against the Fund counted. If a court decides that they abused the duties of this person it is recourse to them. Proceedings will be held for offenses relating to the penalties in this law are subject to the procedure specified in this article. Article 15- 4389 Law Temporary Article 1 (d) as stated in paragraph "1998" to "1999" as (a) and (b) clause of the first sentence and provisional article 2 (j) shall be amended as follows: Temporary 2nd clause (g) of paragraph repealed. The President and members are appointed until 31.03.2000. Agency begins operations until 08/31/2000. j) liquidation of banks that went bankrupt before the date of publication of this Law, Without prejudice transactions be perfected, it is governed by the provisions of this Act by the bankruptcy administration. bankruptcy administration in the implementation of this article, this Law Article 4 of Article 16, Article 8 and shall have the powers granted to the Fund in paragraph 9 and bankruptcy administration of the opener in follow their case and carry out 492 numbered Charges Article 2 of the Law, the 23th, with Article 29 of the No. 2548 Prisons court buildings are constructed to be taken as a prisoner to be forced to pay the equivalent Fees and Charges Article 1 of the Law on Food provisions would not apply as any precautionary measures precautionary attachment and collateral requirements in the request is not required. before the date of publication of this Act 25.4.1985 dated 3182 Law No. 23/08/1993 dated and 512 numbered Decree Law with the repealed provisions of Article 64 of the shall continue to apply its existing provisions on transactions made on the basis of paragraph 3. ARTICLE 16 Law No. 1211 of the Central Bank of Turkey Article 40 (II / d) has been amended as follows. d) Other powers and duties of the Bank, the uncertainty in the banking system and insecurity to occur and if the acceleration of fund withdrawals, Law, Article 36 (b) under paragraph, the rights of uncertainty and insecurity occurring or 4389 Banks to banks within the scope of Article 14 of the Act, the requirements of the Bank to be determined by the amount of loans granted to meet the withdrawal of funds. if the removal of this provision credit to him permission to conduct banking transactions in relation to the bank and the bank to accept deposits, the Bank will participate as a privileged creditor in the bankruptcy estate to be limited by the amount of the loan. Article 17. Establishment of Special Finance Institutions No. 83/7506, dated 16.12.1983, on the activities and liquidation of Ministers on Procedures and Principles issued by the Council pursuant to this decision has been repealed all legislation. PROVISIONAL ARTICLE 1. 4389 Act with Article 11 (2) of paragraph (a) ratio in me, in terms of indirect loans, this Act from the date of entry into force of up to seventy five percent in 2001, seventy percent until 2002, until 2003, so sixty-2004 fifty five percent until the year, forty-five percent until 2005, thirty-five percent until 2006, is implemented as twenty-five percent until 2007. Provisional Article 2 Up to the date on which the Authority operations, 4389 of the Banking Law Article 14 of the framework of the amended provisions of the Law to be taken with regard to bank measures to decide on, 4389 Banking Law of Article 14 of the banks included in the material transfer or merger or shares if sold to new partners each including capital or subordinated resources provided or losses and other assets of the acquisition not to exceed the old completely dispose of the shares of the shareholders and the fund also put the amount of new the partners new shareholder of the bank with the condition put the bank capital or subordinated resources to strengthen the financial structure of these banks the Council of Ministers is authorized to take the necessary measures. Ministers relating to these measures are carried out by the relevant decision of the Council of Ministers. Provisional Article 3- a) operating on the date of entry into force of this Act, private financial institutions are required to make the current situation of the 4389 Bank of the substances they are subject to adjustment within two years of the law. The Banking Act of 4389, this time to adapt to the provisions of Article 7 and 9 are private financial institutions will be liquidated in accordance with the general provisions. b) The 4389 Banking Act under the provisions of special regulations on financial institutions are removed from the regulation in force until the 4389 Bank shall continue the implementation of the provisions are not contrary to the law. ARTICLE 18. of this law; a) Article 7 is amended by the 4389 Act Article 14 (5) of paragraph (a) of subsection (aa) the date on which subparagraph the Authority began operations, b) the date of publication other items, will enter into force. Article 19 of this Law shall be enforced by the Council of Ministers.
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