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+90 531 883 33 88

GÜNEŞ & GÜNEŞ LAW FIRM

Banking and Finance

We assess transaction structures and the obligations of the parties in loans, security, banking transactions, digital payments and financial disputes.

Based in Antalya · Serving all of Türkiye — international transactions connected with Türkiye

Sector-specific legal approach

Legal assessment at every stage of a financial transaction

Legal support from contract drafting to dispute resolution for financial institutions, companies and individual customers.

A transaction in banking and finance requires assessing cost, security, authority to represent, information obligations and dispute resolution together. As GÜNEŞ & GÜNEŞ LAW FIRM, we provide legal support from contract preparation and negotiation through transaction follow-up, restructuring and judicial proceedings.

We address the legal needs of banks and financial institutions, as well as businesses that use financing, investors, guarantors and individual customers. In every matter, we first examine the parties, the type of transaction, the governing law and any possible conflict of interest.

Financial institutions

Contracts, operational compliance and corporate processes.

Companies and investors

Financing, security and bank relationships.

Individual customers

Loan, card, account and transaction disputes.

Loans, Financing and SecurityBanking Transactions and Digital PaymentsFinancial Institutions and Corporate ComplianceDisputes and Protection of Rights

Our practice areas

Legal services for the banking and finance sector

Scope of work determined by the parties to the transaction and the type of regulated activity.

Loans, Financing and Security

Loan and financing agreements

Legal review of loan cost, drawdown, repayment and closing terms.

We review commercial loans, business and investment financing and general loan agreements, and assess interest, commissions, early repayment, default and acceleration provisions case by case. Drawdown conditions, financial covenants and the consequences of breach are carried into the negotiation process.

Loan payoff statements, early repayment costs and documents confirming that the debt has ended are also reviewed.

Mortgages, pledges, suretyship and guarantees

Establishing security and personal liability, and their release after the debt is repaid.

In real estate mortgages, pledges over movables and shares, assignments of receivables, suretyship and guarantee arrangements, we review scope, form, authority and limits of liability. We provide legal support for establishing, amending and realizing security, and for releasing it once the debt has ended.

Once the debt is repaid, the removal of mortgages and pledges and the end conditions of suretyships and guarantees are followed separately. The personal security of company partners and managers is subject to a liability review separate from the company’s own debt.

Project and acquisition financing

Contract, closing and security structure in investment and company acquisition financing.

In the financing of investments in tourism, real estate, energy and industry, and of company acquisitions, we address the legal review, the financing documents and the closing conditions together. The security package, the partners’ obligations and the relationships among lenders are structured according to the transaction.

Restructuring and debt negotiations

Payment plans, refinancing and debt settlement protocols.

We provide legal support in rearranging maturity, payment plans, security and contract terms, and in refinancing, debt settlement and settlement protocols. We assess the effect of restructuring on existing suretyships, guarantees and enforcement proceedings, and evaluate case by case whether composition with creditors (konkordato) or other judicial routes are suitable.

International financing and trade finance

Cross-border loans, letters of credit, letters of guarantee and counter-guarantee transactions.

For cross-border loans, letters of credit, letters of guarantee and counter-guarantee transactions, we review the documents and the responsibilities of the parties. Governing law, competent court or arbitration, payment terms and the validity in Türkiye of security are assessed together; where necessary, we coordinate with foreign legal advisers.

The issuance of letters of guarantee, extensions of term, claims for payment, their return and counter-guarantee relationships are handled within the framework of the letter’s text and the applicable rules.

Banking Transactions and Digital Payments

Payment services and electronic money

Payment agreements, POS, chargebacks (ters ibraz) and merchant collections.

For payment and electronic money institutions, and for businesses that use their services, we assess framework agreements, merchant relationships, payment flows, holds, refunds and transaction objections. The scope of the institution’s permit and the legal nature of its business model are reviewed in relation to the service offered.

Rights and obligations under POS and virtual POS agreements, chargebacks, merchant holds and the transfer of collections to the business are also reviewed separately.

Financial technology and digital banking

Digital channels, technology agreements and service continuity.

We review remote customer onboarding, open banking, outsourcing, cloud and software agreements, and the allocation of responsibility in digital channels. In contracts, we clarify the data, access, service continuity and exit terms among the technology provider, the financial institution and the user.

Account blocks and money transfers

Account restrictions, transfers and follow-up of transactions from abroad.

In disputes over account opening or closing, transfers, EFT and international transfers, we review the transaction records. We determine whether a block arises from a bank procedure, a contract, an administrative act or a court decision, and assess the appropriate application and objection route.

For clients abroad, correspondence with the bank, document completion and follow-up of account or transfer disputes may be carried out within the scope of the authority granted. The bank’s identity verification and in-person transaction requirements are assessed separately.

Financial Institutions and Corporate Compliance

Financial leasing, factoring and financing

Leasing, receivables assignment, financing and savings finance relationships.

We review the rights and obligations of the parties under financial leasing, factoring, financing and savings finance agreements. In disputes over delivery of goods, assignment of receivables, collection, termination, return and security, we take into account the specific regulations that govern the transaction.

Corporate governance and preventive legal counsel

Borrowing decisions, representation authority and ongoing legal support.

We provide ongoing legal support on management and representation authority, signing rules, internal directives, board resolutions and contract processes. For financial institutions, we assess the permit and notification aspects of transactions such as establishment, share transfers or changes in management, and support the legal follow-up of audit findings.

The company’s borrowing decisions and the signing and representation authority of partners and managers are reviewed; the scope of personal security and its separation from corporate liability are clarified.

Financial compliance, customer confidentiality and personal data

Customer identification, confidentiality, personal data and data sharing.

We review the legal dimension of customer identification, transaction documents, source-of-funds declarations and the related financial compliance obligations. For customer confidentiality, KVKK, data sharing and cross-border transfers, we provide contract and procedural support suited to the type of activity; legal review does not replace an independent financial or technical audit.

Disputes and Protection of Rights

Unauthorized transactions and digital fraud

Claims of unauthorized transactions, notifications and damage claims.

In claims of unauthorized card spending, account access and money transfers, we review together the time of the transaction, the notification records and the bank’s response. We coordinate objections to the bank, the preservation of evidence, damage claims and, where necessary, criminal complaints; liability and the possibility of a refund depend on the evidence in the specific case.

Financial consumer and card disputes

Personal loan, card, fee and commission claims.

In disputes over personal loans, credit cards, fees, commissions and related products, we review the contract and the account activity. Application to the bank, the relevant customer arbitration committee, consumer complaint routes and litigation options are each assessed in light of the nature of the transaction, subject-matter jurisdiction, amount and time limits.

Investment transactions and capital markets disputes

Investment services agreements, instructions and custody disputes.

We review legal disputes arising from investment services agreements, the execution of instructions, and information, suitability and custody relationships. We provide support on the contractual dimension of debt instruments and other financial transactions. Our service is legal advisory: investment product recommendations and portfolio management are not offered.

Enforcement, litigation, mediation and arbitration

Receivable claims, enforcement proceedings and suitable dispute resolution routes.

We provide representation in claims for receivables, negative declaratory actions, recovery of payment (istirdat) and damages, and in the realization of security. We determine enforcement proceedings, objections, interim legal protection and alternative dispute resolution routes according to the circumstances of the file. Whether mediation or arbitration applies is assessed separately in each dispute.

Our approach

From initial review to transaction and file follow-up

  1. 01 · REVIEW

    Parties, documents and deadlines

    The request, transaction records, existing risks and upcoming deadlines are reviewed. The scope of work is determined together with a conflict-of-interest check.

  2. 02 · PLANNING

    Contract and application route

    The appropriate route and the authorizations required are clarified for negotiation, contract revision, a bank application or dispute resolution.

  3. 03 · FOLLOW-UP

    Implementation and updates

    Transactions and deadlines within the accepted scope of work are tracked; developments, required documents and decision points are reported to the client.

Ongoing legal support

Preventive corporate counsel

We support companies in establishing contract standards, signing authorities, a security inventory and a legal calendar for their credit and banking relationships. We assess whether new borrowing and restructuring decisions are consistent with existing obligations.

For partners and investors abroad, representation with defined authority limits, transaction follow-up and legal reporting may be provided. Legal review of financial statements is carried out, where necessary, in coordination with financial advisers (mali müşavir) and independent auditors.

Preparing for a consultation

Which documents are useful for the initial assessment?

  • Loan, financing, suretyship and security agreements, with their annexes
  • Payment schedule, account statement, bank receipts (dekont) and fee notices
  • Applications made to the bank and the responses received
  • Formal notices (ihtarname), enforcement documents or court papers, with service dates
  • Representation authority and relevant board resolutions for company transactions
  • A short summary of the request, the transaction dates and the outcome you expect

Before your consultation

Frequently asked questions about banking and finance

Which individuals and institutions do you provide legal support to?

We assess applications from financial institutions, payment service providers, businesses that use financing, investors, guarantors and individual customers. Representation and the scope of the work are determined after the conflict-of-interest review; we do not accept joint representation of opposing parties in the same dispute.

What should be reviewed before signing a loan agreement?

The total cost, interest and fees, the payment schedule, early repayment terms, acceleration, default and security should be reviewed together. The company’s representation authority, board resolutions and the liabilities assumed by third parties are also included in the assessment.

Does signing as a surety or as a guarantor have the same result?

The title of a document alone is not sufficient. The legal characterization is made by reviewing the content of the undertaking, the status of the parties, formal requirements and the governing law; the amount, duration and scope of the liability are determined separately.

Does repaying the debt automatically remove the mortgage?

The end of the debt and the removal of the entry in the land registry are assessed separately. We review whether the security also secures other debts, and follow the necessary cancellation (terkin) documents and procedures.

What documents are needed if my account is blocked?

The bank notice, the account statements, any enforcement or court papers, and the contracts relating to the transaction help the initial review. No commitment can be made on the duration or outcome of lifting a block before its basis has been determined.

What should I do if I notice an unauthorized money transfer?

Report the transaction immediately through your bank’s official channel, request security measures and keep the application record. Preserve the bank receipt, messages and notifications, and seek support without delay for any necessary legal and criminal-law applications. An application to us does not replace notifying the bank.

Can every banking dispute be taken to the TBB Arbitration Committee?

No. The TBB Retail Customer Arbitration Committee route covers individual transactions within its scope; applications of a commercial nature or those concerning legal entities are not assessed within that scope. The bank application and the other acceptance conditions must be checked first. Different application routes may exist depending on the institution and the dispute.

Is an application to the BDDK or TCMB the same as filing a lawsuit?

An application to a regulatory authority and the judicial pursuit of a receivable or damages are different processes. The subject of the application and the authority of the institution must be determined; deadlines for lawsuits, objections and notifications must be followed separately.

Can I consult and have my matter followed up while I am abroad?

We can consult via Zoom, WhatsApp video calls or other suitable online methods. For matters requiring representation, the scope of authority and the required documents are determined. When confirming an appointment, the local time where you are and Türkiye time are stated together.

Do you support financing agreements that involve foreign law?

We provide support for the legal review, contract and security processes of transactions connected with Türkiye. Where an assessment of foreign law or representation abroad is required, the need to work with competent legal advisers in the relevant country is determined separately.

Is opening a bank account or loan approval guaranteed?

No. We provide support in document preparation, contract review and legal applications. Loan approvals, account openings and other banking decisions fall within the authority of the relevant institution and the applicable regulations.

Does a consultation or sending documents mean that the matter has been accepted?

A consultation, correspondence or the sharing of documents alone does not constitute acceptance of a matter. The scope and fee terms are clarified; acceptance is confirmed together with the necessary contract, authority, documents and agreed obligations. The legal consequences of a relationship that has in fact been established are reserved.

How are the consultation fee and the response time determined?

We respond to your request within 48 hours. The scope of the consultation and, if applicable, its fee are communicated before your appointment is confirmed. For time-sensitive or urgent matters, call our main line rather than waiting; this response time does not extend legal deadlines.

GÜNEŞ & GÜNEŞ LAW FIRM

Request a consultation on a banking and finance matter

Briefly state the type of transaction, the parties, your country and city, your preferred time and any upcoming deadline. Our client relations assistant will direct your request to the relevant assessment.

We will respond to your request within 48 hours. The scope of the consultation and, if applicable, its fee are communicated before your appointment is confirmed. A consultation or the sending of documents does not by itself mean that the matter has been accepted.

info@gunesgunes.com+90 531 883 33 88

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Information and official sources

This page is intended for general information and to describe the scope of our services. For the assessment of a specific transaction, the contract, the parties’ capacity and the current regulations must be reviewed together. The opening image is illustrative.