BANKING AND FINANCE LAW

BANKING AND FİNANCE LAW

 

Banks play the biggest role in the development of countries. Banking law, which regulates the activities of banks both at home and abroad, also covers the regulation of customers' loan agreements. Thanks to this branch of law, banks operate faster and in accordance with the law, while unfair competition is prevented.

Since banking and finance law is a branch of law that focuses on technical issues, it requires working with a banking and finance law lawyer, especially on dispute issues. Our Istanbul law office, which includes Istanbul finance and banking lawyers, provides legal representation services to its clients.

 

What is Banking and Finance Law?

The branch of law that regulates the issues related to the establishment and activities of banks and financial companies, termination of their activities and supervision is called banking and financial law.

The banking regulation and supervision board, established by the banking law, supervises all activities of banks within the scope of banking and finance law.

 

Services Provided within the Scope of Banking and Finance Law

Istanbul finance and banking lawyer also provides many services within the scope of banking and finance law. Some of the services provided by our Istanbul law office within the scope of banking and finance law are listed as follows;

Services related to asset and wealth management:

Portfolio management companies, investment funds, venture capital, real estate investment funds,  investment partnerships

Services related to capital market legislation:

Operations related to financial activities or services:

payment services, leasing, factoring, financing and credit, portfolio management, investment advisory and financial intermediaries.

Services related to the establishment and operating permits of financial institutions:

Banks, paying institutions, electronic money institutions, leasing companies, factoring companies, financing companies and asset management companies

Services related to ensuring compliance with the legislation on the protection of personal data:

To make an inventory of personal data processing, to make a process-based compliance analysis and to protect personal data, privacy policy,

Services related to foreign exchange law:

Such as capital transfers, cross-border credit transactions, export and import transactions.

 

Banking and financial law lawyers also provide legal consultancy services to banks and financial companies on banking law.

What Does a Banking and Financial Law Lawyer Do?

In parallel with the development of the banking and financial sector, the need for banking and financial law lawyers has also increased. While these lawyers provide services on behalf of banks and financial institutions, they can also provide services on behalf of clients in disputes between banks and clients.

Some of the activities carried out by Istanbul finance and banking lawyer are listed as follows;

• To provide legal support in the preparation of loan agreements
• To provide legal support in the regulation of guarantees
• To provide legal support in the preparation of contracts such as pledges, mortgages
• To provide legal support in the preparation of bank guarantee letters
• To provide legal support on the collection of loan receivables
• To provide consultancy services to public and private banks related to banking law
• Opening and ensuring the follow-up of lawsuits arising from credit agreements
• To provide legal support in matters related to the establishment or termination of the activities of banks

 

In the banking and finance law lawyer Istanbul searches made on the Internet, lawyers who are familiar with the legal regulations and have experience in these matters are preferred.

 

What is Banking?

Banks are financial institutions that carry out activities such as efficient evaluation of credit and money within the scope of banking law.

 

Some of the banking transactions carried out by banks are listed as follows;

• Broker
• Providing fluency to sources
• To ensure the efficient use of material assets
• Improving resource utilization
• Converting short-term funds into long-term funds
• To improve national and international trade
• Improving the effectiveness of monetary policy

Banks are included in three options according to their capital resources, according to their fields of activity and their objectives, and according to their financial volumes in their transactions. According to the sources of capital, banks are divided into two types: those with national capital (state, private capital and mixed capital) and those established with foreign capital.

Banks are divided into five according to their activities as central banks, business and commercial banks, rezerve  banks, agricultural and industrial banks and investment and development banks.

 

What are the Conditions for Establishing a Bank?

In order to establish a bank in our country, it is necessary to create the necessary conditions and obtain the approval of at least five members of the banking regulatory and supervisory board.

• Some of the conditions for establishing a bank are listed as follows;
• The bank must be established as a joint-stock company
• The shares must be registered and must be issued in exchange for the cash available
• Bank founders are required to have the qualifications specified in the banking law
• The members of the board of directors are required to have the qualifications specified in the banking law
• It is necessary to have planned the activities in accordance with the financial, management and organizational structures
• Its capital must be at least 30 million TL (this figure is updated and published every year)
• They must have a main contract in accordance with the banking law

After the conditions for establishing a bank and the necessary documents have been prepared, the articles of association of the company must be written. After this contract is written, the founding partners sign it, and these signatures are certified by a notary.

Then, an application must be submitted to the Ministry of Industry and Trade for permission to establish a bank with a notarized contract. After the permission to establish a joint stock company is obtained from the Ministry, an application is made to the Banking Regulation and Supervision Board to establish a bank joint stock company.

The general assemblies of the banks have to convene at least once every year and this meeting is chaired by the chairman of the board of directors.

 

It is more efficient to prefer lawyers who have previously served in the establishment of a bank in the search for banking and finance law lawyers in Iostanbul for the establishment of a bank.