Banking and Finance Law: Questions and Answers

First, the bank’s written explanation, the date of the block, and the competent authority or contractual basis should be identified.

An account block may have been applied by virtue of a court or enforcement decision, an administrative measure, the bank’s contractual obligations or another reason arising from legislation. By making a registered application to the bank, one should ask which account and amount the transaction concerns, its starting date, the supporting document and the conditions for lifting it. The reply and the account movements should be kept. The authority to which an objection is made is not the same for a transaction of the bank itself as for a transaction based on a decision of a judicial or public authority.

The bank should be notified immediately, the records of the transactions should be preserved and, where necessary, legal and criminal applications should be considered.

When an unauthorized transfer is noticed, it is important to file an objection to the transaction and a security notification through the bank’s official communication channel. The transaction date, the amount, the recipient IBAN, session notifications, SMS messages, and device and identity verification records should be preserved. While securing the accounts, digital records that may serve as evidence should not be deleted. The bank’s obligation of transaction security, the customer’s conduct and liability for possible fraud are examined separately; because of the time limits, the application should not be delayed.

In suretyship, besides the written form and the statutory elements, whether spousal consent is required and the scope of the suretyship are examined.

The Turkish Code of Obligations prescribes special validity conditions for suretyship. The maximum amount for which the surety will be liable, the elements that must be written by hand depending on the date and conditions of the suretyship, and the spousal consent conditions required by the legislation are investigated. Exceptions connected with a commercial enterprise cannot be assumed in every case. The principal debt, interest, default, the type of suretyship and the amount demanded by the bank must be calculated; the surety’s rights of objection must be assessed together with the suretyship document.

A request for documents can be considered within the framework of the legal basis of the transaction and the account holder’s rights to obtain information.

It should first be determined whether the block is a contractual transaction of the bank, an enforcement attachment, a tax collection measure or a judicial seizure. The authority that issued the decision and the route for lifting it vary according to the basis; the bank’s explanation alone may not be sufficient.

No; the bank’s security obligation, the authorization of the transaction and all the circumstances of the event must be examined.

Transaction times, device and IP records, two-factor authentication, notifications and the customer’s conduct may be the subject of a technical examination. The application should be made to the bank without delay; where necessary, a criminal investigation and the routes for refund of the amount should be considered together.

It may be possible, depending on the type of loan and on the mandatory consumer or commercial provisions.

The fee and early repayment regimes of consumer credit and commercial loan agreements differ. The contract, the repayment plan, the early closure calculation schedule and the legal basis of the commission collected must be examined.