Banking and Finance Law

Banking and Finance Law and Litigation

Banking and Finance Law covers transactions such as money, loans, bonds and factoring, regulating the relations between the depositor depositing money in the bank and the banks and banks themselves, covering judicial disputes, legal provisions and events in banking and finance issues, arising from the affairs of banking and financial markets. It is a very broad branch of law that determines the rules.

With the rapid change, development and sectoral liberalization in information technology and communication technology in a globalizing world, the removal of borders between markets and countries and the world becoming a single global market, banking that intersects with various industry fields has turned into an international sector with similar applications all over the world. and increased the legal diversity of works and transactions in the field of finance and brought important changes to the agenda. All these changes and developments have affected the banking and finance law in our country as well as in the whole world and have made it an important branch of law. This increase in the global level has also increased the need for legal regulation and legal consultancy in this field all over the world and has made it necessary to specialize in the solution of problems in the field of banking and finance law.

Güneş & Güneş Law Office, with its 25-year history has served as a banking lawyer to its clients consisting of multiple national and international domestic and foreign financial institutions and banks. It provides services to institutions operating in many areas of the real sector, from information technology to production, with its lawyers specialized in banking and finance law. continues to provide banking and finance legal consultancy and advocacy services to the players of the banking and finance sector regarding loans related to banking and finance law, alternative borrowing methods, compliance with the legislation, risk management, restructuring and all kinds of banking and financing legal processes, lawsuits and disputes.

The Main Legal Services Provided by Our Attorney and Law Firm to Domestic and Foreign Clients in Antalya and Turkey in the Field of Banking and Finance Law are as follows:

• Establishment of a bank in Turkey or opening a branch in Turkey of a bank established abroad, establishment of a bank in Turkey exclusively to carry out offshore banking activities or opening a branch for this purpose by banks established abroad, Provided that the conditions are met, applying for permission to the Banking Regulation and Supervision Agency, obtaining bank establishment and necessary operating permits such as the establishment of development and investment banks, providing legal consultancy and process follow-up for all kinds of investments and projects that international banks and financial institutions want to make in Turkey. providing consultancy and advocacy services,
• Making necessary objections and legal applications regarding the fields of activity of banks, financial reporting and auditing procedures and decisions to temporarily or permanently suspend their activities, and providing consultancy and advocacy services regarding the follow-up of the process,
• Legal consultancy for performing mergers, divisions and share exchange transactions of banks established in Turkey and representing them in negotiations, carrying out legal transactions related to the Banks Association, BRSA and SDIF, realizing legal works and transactions related to the duties and jurisdiction of the Capital Markets Board and process tracking service,
• Preparation, examination, interpretation of all kinds of banking-related loan and financing contracts and reporting of legal opinions, realization of contract negotiations, representation of the client in negotiations and negotiations,
• Preparing the texts of the assignment letters, providing the mortgage as a guarantee for the loan agreements and carrying out the legal works and transactions of the removal of the mortgage (removal of the mortgage), financial leasing and factoring transactions and arrangement of the contracts, Letters of guarantee with special texts (Turkish/English) Providing necessary legal support and legal consultancy services in individual and corporate banking transactions, such as giving written and oral opinions,
• Legal advocacy service in lawsuits and execution proceedings brought by the bank against the bank depositor or against the bank by the bank depositor, and follow-up of all kinds of rights and receivables of banks and other financial companies; The Bank, which is a party to the loan agreement, in all kinds of disputes that may arise from transactions such as mortgages, guarantees, loans, leasing and factoring, assignment of loan agreements to 3rd party real and legal entities (asset management company, etc.), execution proceedings and lawsuits. providing legal services,
• All banking and finance loan disputes and receivables opening all kinds of enforcement law cases, collection of debts, preparation of payment contracts, foreclosure, pledge, etc. receivable proceedings, participation in meetings in favor of the debtor and the creditor, financial restructuring, execution of concordat and bankruptcy processes, legal consultancy, especially in terms of creditor’s claims regarding such debtors and the assets of the debtor, postponement of bankruptcy and preparation of concordat cases and execution and litigation process advocacy and consultancy services on management issues,
• All kinds of legal and consultancy services to banks, finance, factoring, asset management companies, off-shore banks, national and international financial leasing companies and all financial institutions and individuals by our law firm, which is specialized in banking and finance law disputes and cases,
• Follow-up of mortgages and secured receivables, conversion of mortgage into money and enforcement proceedings and lawsuits arising from mortgages and secured transactions; Legal consultancy support in the field of loan contracts, legal consultancy support in the field of leasing and factoring, legal supervision of banking operations and financial organizations, Legal regulation of mortgages and guarantees, preparation of financial leasing and factoring transactions, supervision, regulation, interpretation of loan contracts, consumer law practices in the banking sector Advocacy and legal consultancy services,
• Lawsuits arising from the Factoring Agreement and Precautionary Securities in Factoring Transactions, Enforcement Proceedings on Factoring Receivables, Litigation of Claims, Removal of Objection, Relief from Debt. Actions for Cancellation of Objection, Negative Determination and Recovery, mortgage cancellation (cancellation) lawsuits, all kinds of lawsuits arising from Factoring Disputes, practices in Housing Finance Agreements and Default, Financial Leasing, Factoring and Financing Companies and lawsuits filed against and against the Bank, and enforcement proceedings and bank Advocacy services in the follow-up of all kinds of rights and receivables of financial companies and other financial companies,
• Counseling and advocacy services as a creditor or debtor’s attorney in disputes such as the collection of administrative follow-up receivables before legal proceedings, the follow-up and collection of individual and commercial receivables in legal proceedings, the collateral of loans, the preparation of settlement and debt settlement protocols, and the structuring of debts,
• Arranged in both the banking law and the Turkish Penal Code, arising from banking and finance law transactions and practices; abuse of trust, sharing personal information, preventing the rights of deposit and participation fund holders, forgery of private documents, (signing and using on behalf of someone else in banking contracts, using forged documents, loan allocation by issuing fake orders, fake orders) issuance, card copying), forgery of official documents (fake identity, use of driver’s license, fake inheritance, will, fake land registry documents, fake SSI records, fake identity records), abuse of signature, fraud (persuasion fraud (presenting himself as a banker, etc.), fraud by using bank name and logo (fake website etc.), internet fraud (seizing banking passwords, etc.), credit card fraud, POS fraud-usury, fraud by fake application, fraudulent and forgery of private-official documents by preparing fake documents), money fraud, embezzlement (Banking Law m. .160) abuse of trust, disclosure of customer information, misuse of bank or credit cards, damage to property, damage to bank reputation (Banking Law Art. 74) illegal use of bank and credit cards (245/1), producing, selling, transferring, purchasing or accepting counterfeit bank or credit cards, using a counterfeit or forged bank or credit card (TCK 245/3) without permission the crime of engaging in activities (Banking Law Article 150), preventing the rights of deposit and participation fund holders (Banking Law Articles 61 and 151) not taking corrective, remedial and restrictive measures (Banking Law Articles 67, 68, 69, 70 and 152), auditing with the competent authorities (Banking Law article 153) 5-breaching the obligation to keep documents (Banking Law article 154) making false statements (Banking Law article 155) unrecording of transactions and false accounting.( Blocking, disrupting, destroying or changing data (Article 157) of the Banking Law, damaging your reputation esi (Banking Law article 74,158) provides attorneyship and legal consultancy to the accused, complainant and participating in criminal cases arising from banking and finance crimes such as the disclosure of secrets (Banking Law article 73, 159). service,
• Providing all kinds of legal information services in the field of Bank Labor Law, unfair termination of employment contracts of Bank employees, mobbing practice, non-payment of overtime wages, In case of existence of situations required in the law, reemployment lawsuits are filed in case of unfair termination of employment contracts of bank employees, unfair investigations against Bank personnel and objection to sanctions, filing and following up and concluding a compensation lawsuit in case of legal conditions on this basis, filing a lawsuit for the cancellation of the penal clause in employment contracts and following and concluding them,
  • In line with the legal requirements in the fields of banking and finance; Legal in English, German, Russian and Dutch languages, including preparation of necessary documents, due diligence of project and financing documents, providing legal opinion, negotiation processes, both to commercial banks, investment banks and other financial institutions as well as to investors from different sectors. consultancy service,
• Pursuant to the Law No. 5549 on the Prevention of Laundering Proceeds of Crime, the Financial Crimes Investigation Board (MASAK) Presidency, whose purpose is to effectively fight against the laundering of proceeds of crime and financing of terrorism, pursuant to the laws no. MASAK, the prosecutor’s office or the bank against the “suspension” (MASAK blocking) decisions, which is the process of temporarily freezing the money in the account, and the seizure decisions in the investigations carried out by the Chief Public Prosecutor’s Offices due to transactions that are called suspicious transactions with the allegation that “there is a suspicion that it has been used for illegal purposes”. Legal support and advocacy services regarding the removal and objection of unjust bank blocks placed in accordance with Article 19/A of Law No.
• In consumer lawsuits related to the bank’s receivables arising from consumer loans or credit cards, in cases of bank liability in internet fraud, in cases arising from the contractual relationship between the bank and the consumer, commercial, residential, consumer, vehicle, etc. Litigation advocacy services in disputes and lawsuits arising from Consumer Loans and Credit Cards, such as
• Advocacy service in lawsuits or objections to be filed against the bank, in case the insurer files a lawsuit or initiates enforcement proceedings to collect the remaining loan from the heirs or guarantors of the inheritor consumer due to the death of the consumer who used the loan, in the event that life insurance has been made due to bank loans. litigation advocacy service in cases of repurchase (return) of the balance loan amount unfairly paid to the bank,

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