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QUESTIONS AND ANSWERS

Capital Markets Law: Questions and Answers

Basic questions and explanations about liability for investment fund losses, the effect of an SPK decision and liquidation on investors, and the records that should be kept.

Prepared by: Av. Umut GüneşLegal review: Av. Umut GüneşLast legal check: First published: Updated:

The questions below offer a general framework on liability for investment fund losses, the effect of an SPK decision and liquidation on investors, and the records that should be kept. In a specific case, time limits, documents and the regulations in force are assessed separately.

Showing 1–6 of 6 questions

How is liability assessed for a loss incurred in an investment fund?

A decline in the value of an investment fund is not, by itself, proof of unlawfulness; management, custody, disclosure and transaction obligations are examined.

The fund rules, the prospectus, the investor information form, portfolio limits, risk disclosures, buy and sell orders and custody records must be examined together. Liability is determined within the framework of the type of fund and the separate obligations of the institutions involved in the transaction alleged to have caused the loss. The distinction between market risk and breach of obligation is important. In calculating the loss, transaction dates, payments made to the investor and the underlying records should be used as the basis.

How can an SPK decision or a liquidation process affect an investor’s rights?

An SPK decision concerning a fund may affect the investor’s rights; a liquidation decision does not, by itself, mean that the loss has been paid or has disappeared.

In a liquidation, the scope of the Board’s decision, which funds it covers, the transaction and settlement timetable, the liquidation principles of the portfolio and the method of calculating the amount due to the investor are examined. The liquidation process and possible contractual or statutory liability claims are separate matters. As in the example of the SPK liquidation and interim payment announcements published in 2026, processes may vary from fund to fund. Investors should rely only on current official announcements and should separately verify their rights of application.

Which information and transaction records should an investor keep?

Buy and sell orders, fund information documents, custody records and correspondence with institutions should be preserved in chronological order.

Fund buy and sell instructions, value date information, account statements, bank transfers, MKK and custodian records, risk notices, the version of the fund prospectus in force on the transaction date, and correspondence with the brokerage firm can be kept in separate folders. Later settlement or liquidation announcements should also be added, with the date and source indicated. Instead of relying only on screenshots, official transaction statements obtained from the institution should be used where possible. Tax consequences and the actions that may be brought are assessed according to the investor’s status.

Does placing a fund sell order mean the units are sold immediately?

No; receipt of an order and execution of the transaction are different stages.

The timestamp of the order, the fund’s value date rules, the cut-off time, the fund prospectus, the bank’s transmission records and the reason the order was not executed must be assessed. Transactions during a liquidation period may differ from the ordinary buy and sell process.

Does filing a complaint with the SPK take the place of a compensation action?

No; the path of administrative supervision and sanctions and the collection of a private-law claim are separate processes.

The content of the application to the SPK, its supervisory authority and the investor’s private-law claim are kept distinct. The statute of limitations and the possibility of mediation as a condition precedent to litigation must be checked independently of the complaint.

If an investment firm becomes bankrupt, will the YTM pay the entire investment loss?

No; the subject, scope and upper limits of the protection of the Investor Compensation Center (Yatırımcı Tazmin Merkezi, YTM) depend on the legislation.

The conditions that require a compensation decision are distinguished from a decline in the market value of an investment instrument. The application period, the schedule of creditors, the amount claimed and the current annual upper limit must be verified separately.

Sources and legal bases

  1. Law No. 6102, Turkish Commercial Code
  2. Law No. 6362 on Capital Markets