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Capital Markets Law

How to File a Complaint with the Capital Markets Board (SPK): Procedure, Required Documents and Legal Consequences

A person in a burgundy sweater places a petition into a string-tie document envelope next to a stack of papers and a fountain pen on the desk.
Author: Published: About 31 min read

Institutional legal review and control: Güneş & Güneş Law Firm

Published by: Güneş & Güneş Law Firm

Summary

The right channel for an SPK complaint, the documents required and a sample petition; the response period, special objections and preserving the time limits for claims.

A complaint to the Capital Markets Board (SPK) leads to an administrative review of alleged irregularities in capital market transactions; it does not by itself secure a refund or compensation for the investor. For an effective application, the institution, the investment instrument, the transaction date, the course of events, the alleged violation and the request should be stated clearly, and the available documents should be matched to the relevant event. In an electronic application, the Presidential Communication Center (CİMER) channel to which the SPK officially directs applicants, and in a written application, the identity, signature and registration requirements, should be taken into account. The response period and the completion of the review, and the general complaint and the special objection routes, differ from one another; the time limits for claims and lawsuits against the investment firm must be preserved separately. [1] [3] [7] [15]

On What Matters Can a Complaint Be Filed with the SPK?

The Capital Markets Board oversees and supervises the transactions of capital market institutions and related entities within the framework of its own legislation. For this reason, the focus of the application should not be merely that the investment lost value, but which obligation was violated in which transaction. The receipt or transmission of orders, statements made to the investor, allegations of unauthorized activity and public disclosure obligations are among the matters that may be assessed within this framework. [2] [10]

Which Transaction of the Bank or Brokerage Firm Is the Subject of the Complaint?

The mere mention of a bank’s name does not show that every dispute falls within the SPK’s remit. The bank’s conduct in a capital market service should be distinguished from a problem concerning a loan, a deposit or another banking transaction. Stating in the application the name of the product, the fund or security code where available, the institution where the account is held and the service at issue makes it easier to determine the competent authority. [2]

For example, the statement “my bank will not give me my money” does not by itself provide sufficient clarity. By contrast, a statement such as “although I was informed that my redemption instruction for the specified fund had been received, the transmission and cancellation records have not been disclosed” shows the conduct that is to be reviewed. Even in this statement, the bank’s responsibility is not accepted in advance; the transaction records and the applicable fund terms are examined.

Is an Investment Loss the Same as a Breach of the Legislation?

The fact that an investment has made a loss does not by itself prove that the legislation has been violated. The complaint petition should distinguish between a loss arising from price movements, a shortcoming in the performance of the service and a transaction stage that the institution has not explained. The SPK’s official guide explains that the review carried out under a general complaint is a review of compliance with the legislation and that no decision on compensation for losses is made through this route. [1]

Accordingly, confining oneself to the request “pay my entire loss” may leave the subject of supervision unclear. Which conduct of the relevant institution is to be reviewed should be written separately. If a refund or compensation is the aim, a special application suited to that aim or the judicial route should also be considered.

How Are a Complaint, a Report and a Request for Information Distinguished?

The purpose of the application should be determined before its name. The same event may be the subject of more than one request with different legal functions; however, these requests should not be confused with one another.

Nature of the applicationMain purposeSample request
ComplaintAdministrative review of conduct affecting a right or interestReview of an alleged irregularity in order transmission
Administrative reportNotifying the competent authority of a concrete irregularity that has come to one’s knowledgeReporting a specific unauthorized capital market activity
Access to informationAccess to specific information or a specific document held by the institution or that it should hold by virtue of its dutiesThe status of a specific application or a publicly accessible sample decision
Private law claimPayment, refund or remedying of the lossCollection of a specific receivable directed against the investment firm

This table is intended to explain the function of the applications; it does not mean that the electronic screen contains four separate menus with these names. While the SPK’s guide mentions complaints, reports and access to information together, CİMER’s current application types are listed separately in its own official explanation. [1] [5]

Can a Personal Legal Opinion Be Requested Through the Right to Information?

Law No. 4982 governs access to identifiable existing information and documents. Asking the institution to prepare a new loss calculation, a specific legal opinion or investment advice for a person is not the same as the scope of this right. In a request for access, it is useful to state the name, date and subject of the document and, if possible, its number. [8]

Instead of “Am I right about the investment I made?”, requesting specific information relating to an existing decision or application makes the request concrete. If a request for a review of the merits of the complaint and a request for access to a document are to be submitted together, they should be set out in separate paragraphs.

Is It Necessary to Write to the Investment Firm Before Applying?

A written application to the relevant bank or brokerage firm may lead to the transaction being explained and the existing records being obtained. The time at which the instruction was received, the transmission status, the grounds for rejection or cancellation, the notifications sent to the investor and the institution’s proposed solution may be asked about. The record showing that the application was received and the response given should be kept.

That said, the SPK’s general complaint guide does not present a prior application to the investment firm as a mandatory requirement for all complaints. This preparatory step should not be confused with the special admissibility conditions of the TSPB Customer Disputes Arbitration Committee (Müşteri Uyuşmazlıkları Hakem Heyeti). At the TSPB, as a rule, an application must first be made to the member institution; the directive provides an exception for applications that the SPK refers to the Association. [1] [14]

Applying to the institution so that it responds does not by itself preserve another upcoming lawsuit or objection period. In a file with a time-limit risk, the legal routes that can be used while the institution’s reply is awaited should be identified separately.

Where and How Is a Complaint Filed with the SPK?

Electronic Application Through CİMER

The SPK’s “Access to Information” page directs information requests and complaints within its remit to CİMER. Since the SPK’s e-Devlet service list also includes various e-Application services, it should not be assumed that every electronic service is the same complaint screen. Proceeding through the official referral avoids this confusion. [3] [4]

The application can be made through CİMER’s official website or the e-Devlet link. The choice of institution, the type of application, identity verification and tracking are completed in accordance with the requirements of the system used. CİMER is a transmission and registration system; the merits of the application are assessed by the competent public institution. [5]

CİMER is not an authority that resolves requests for the collection of a receivable or the performance of a debt arising from private law relationships; applications of this kind are not processed. An allegation that a bank or brokerage firm acted in breach of capital markets legislation, on the other hand, should be made concrete with regard to the SPK’s supervisory function and separated from the collection request. No separate signature is required for an electronic CİMER application; the system’s identity verification requirements are fulfilled. [6]

In practice, the following order of preparation is useful:

  1. Turn the event and transaction to be reviewed into a short text.
  2. Write the full trade name of the institution, the investment instrument and the key dates.
  3. Match each main allegation with the document on which it is based.
  4. Separate the request for review from any request for information.
  5. Before sending, check the text, the accepted attachments and the choice of institution.
  6. Keep the application number generated, the date of submission and the final text you sent.

Can a Word or PDF File Be Attached to an Electronic Application?

CİMER’s current official explanation specifies the JPEG, JPG, PNG, TIFF and TIF formats and a maximum file size of 3 MB, and explains that text-based documents such as Word and PDF cannot be attached. The subject of the application should be written in the main text field. For this reason, attaching only the PDF of a prepared petition and leaving the text blank is not an appropriate method. [5]

For bulky documents, legible images relevant to the event should be selected; records that cannot be submitted should be described in the text. Where necessary, supplementary documents to be submitted through an appropriate written channel are linked to the date and number of the initial application. The transaction time, the document heading or an important explanation should not be cut off in order to make the attachments fit.

Post, Hand Delivery and KEP Details

A written petition should contain the first name and surname, a signature and the business or residential address. In the case of representation, the authorization documents and the identity and contact details required by the channel used are also taken into account. The identity number should not be confused with the elements set out in Article 4 of Law No. 3071; the information additionally required by systems such as CİMER should be observed. [7] [6]

On the SPK’s official contact page, the head office address is given as Mustafa Kemal Mahallesi, Dumlupınar Bulvarı (Eskişehir Yolu) No:156, 06530 Çankaya / Ankara and the KEP address as spk@hs01.kep.tr. For a physical application, the delivery or document registration record should be kept; for KEP, the evidence of sending and delivery. The existence of a KEP address does not mean that every document sent automatically fulfills the identity or signature requirements. [9]

Obtaining information by telephone and submitting a registered complaint are separate acts. CİMER also offers the possibility of a registered application via ALO 150. The date of an ordinary information call with the institution may be noted; the main allegation and the attachments should be contained in an application record whose content can be verified later. [6]

Who Can Apply, and How Is Representation Shown?

An application by the right holder personally should be distinguished from an application made through an attorney or another authorized representative. For natural persons, identity and contact details are important; for legal entities, the trade name, the address and documents showing authority. The authority of representation should be explained and documented in a manner appropriate to the procedure used. Using another person’s identity details or e-Devlet password is not a method of proving authority of representation. [6]

The situation of Turkish citizens living abroad and of foreign applicants should not be approached on the same assumption either. Law No. 3071 regulates the conditions of reciprocity and a petition in Turkish for foreign nationals residing in Türkiye. For an heir or a company representative, documents explaining the status on which the application is based should also be prepared. [7]

If more than one investor has experienced a similar event, each person’s transaction dates, amounts and status as applicant should be identifiable. A joint explanation should not obscure differences in personal transactions and losses.

What Information and Documents Should the Complaint File Contain?

What matters is not so much the number of documents as which allegation each document supports. The list below is not an admissibility requirement making all documents mandatory in every file, but a tool for organizing the application.

Information or documentWhat it showsPoint to note when preparing
Institution’s trade name and account detailsWhich relationship the complaint concernsShould not be confused with another group company
Instrument or fund code, transaction type and amountThe investment transaction at issuePurchase, sale, redemption or transfer should be distinguished
Instruction and transaction recordThe content of the instruction and the transaction stage shownDate, time and reference number should be preserved
Account statement or bank receipt (dekont)Cash and asset movementsThe relevant period and movement should be clearly marked
Contract, risk disclosure and fund documentsTerms of the service and the transactionThe version in force on the date of the event should be identified
Correspondence, notifications and the institution’s responseThe development of explanations and objectionsThe necessary context should be provided instead of incomplete fragments of conversation
Explanation of the loss and calculation, if anyThe link between the alleged violation and the lossDefinite records should be distinguished from assumptions
Representation documents and documents of previous applicationsAuthority, related files and follow-upPrevious dates and numbers should be written correctly

The applicant should submit the documents in their possession and separately describe records that may be held only by the institution or the relevant infrastructure operator. For example, they may ask that the order transmission record, the grounds for cancellation or the notification records for a specific date range be examined. Such a request does not prove that the record necessarily exists or that all of it will be given to the applicant.

The originals of digital records should be preserved; any marking made on the copy prepared for the application should not be mixed up with the document in its original form. Irrelevant third-party data and the private account details of other investors should not be added to the file indiscriminately. The list of documents should be able to answer the reader’s question “what does this attachment show?” in a single sentence.

How Should the Statement of Facts and the Relief Sought Be Structured?

Date, Transaction and Document Should Come Together in the Same Account

The events should be written in chronological order, and the subject of the application should be gathered around a few main points of dispute. The statements “I gave the instruction”, “the institution reported that it had received it”, “the transaction was not executed” and “the institution later gave the following reason” describe different facts.

In a hypothetical case, the following record structure may be used:

StageInformation to be writtenRelevant record
InstructionThe transaction instructed, date and timeInstruction screen or application record
Institution’s responseReceipt, rejection, cancellation or explanationNotification or written response
Execution statusThe transaction carried out or alleged not to have been carried outTransaction statement
Subsequent objectionDate and request with which a solution was sought from the institutionApplication receipt
Need for reviewBetween which records there is an unexplained discrepancyAttachments compared

A fact that has been definitely observed should be distinguished from the conclusion drawn from it. The fact that the screen says “instruction received” does not by itself show that all subsequent transaction stages have been completed. Conversely, an abstract explanation by the institution of a “system problem” may not be sufficient to explain which transaction could not be carried out and why. The strength of the application comes from demonstrating this uncertainty with concrete records.

What Should Be Requested from the SPK?

The request should be framed in connection with the Board’s remit. It may be requested that the allegation be reviewed, that the necessary records be obtained from the relevant institutions, that, if a breach of the legislation is found, the actions within its authority be considered, and that information be provided on the outcome of the application. Which measure or sanction will be applied is determined according to the concrete findings and the statutory conditions. [10]

It is possible to mention the existence of a private law receivable in the application; however, the request for review should not be reduced solely to a collection request. The sentence “all my rights are reserved” does not replace a concrete request and the necessary acts to be taken within the time limits either.

Adaptable Sample SPK Complaint Petition

The sample below is an application framework to be adapted to the specific case. The fields in square brackets should be filled in with real information; events that did not occur or documents that do not exist should not be added to the text. If CİMER is to be used, the main explanation should be transferred to the text field and the system’s additional requirements should be applied separately.

TO THE PRESIDENCY OF THE CAPITAL MARKETS BOARD

Applicant: [First name and surname or trade name of the legal entity]

Address and contact details: [Address and contact details appropriate to the application]

Representative: [Authorized representative and authorization document, if any]

Institution whose conduct is to be reviewed: [Full trade name]

Subject: [Brief description of the conduct to be reviewed, specifying the investment instrument and the transaction]

Explanations

With regard to [instrument or fund code] held in my account at [Institution], I gave an instruction for [transaction and amount] on [date and time]. The record I hold concerning the instruction is submitted as [Annex 1].

At the next stage of the transaction, [event that can be shown by documents] occurred. The explanation given by the institution on [date] is set out in [Annex 2]. The discrepancy that I believe exists between this explanation and [Annex 1/Annex 3] is as follows: [Concrete discrepancy].

I applied to the institution on [date and number, if any] and requested [the information or solution sought]. [Explain the response given, or that no response was given, according to the actual situation.] The previous application and response documents are submitted in [Annex 4].

The matter I request to be reviewed is [the connection of the specific conduct with the capital market service and obligations]. I request that [the specific records] not in my possession be obtained from the relevant institutions and assessed.

The effect of the event on my rights or interests is [concrete explanation]. The basis of my loss calculation, if any, is explained in [Annex 5]; finalized amounts and items based on assumptions have been separated. If there is any other related application or proceeding, the details [authority, date and file number] are set out below.

Relief Sought

  1. That the transactions and conduct described be reviewed for compliance with capital markets legislation within the scope of your remit,
  2. That the records described above, which will be deemed necessary for the review, be obtained from the relevant institutions and assessed,
  3. That, if a breach is found, the necessary actions be considered within the framework of your statutory powers,
  4. That I be given reasoned information on the progress and outcome of my application; I respectfully submit.

Date, first name and surname, signature: [In accordance with the requirements of the application route used]

Annexes: [Only the documents actually submitted, their numbers and brief descriptions]

This sample is a draft application prepared without examining a personal file. It should not be used verbatim in place of an action for damages, a Borsa İstanbul or TSPB dispute application, or a special objection petition.

How Is the Application Made Concrete for an Unexecuted Fund Redemption Instruction?

In a hypothetical case where a fund redemption instruction was not completed, the transaction stages should first be distinguished. The giving of the instruction, its receipt by the institution, its transmission to the relevant system, the determination of the price and value date, the redemption of the fund units and the crediting of the proceeds to the account are not the same fact. The application should show which of these is known from documents and which has not been explained.

For example, the investor may submit a screen record showing that the instruction given at a specific time was received. If the institution claims a different transmission time, it may be asked whether both records relate to the same instruction, what the source of the times is, and whether there was any cancellation or re-entry. In this way, the application turns from a general account of grievance into a comparison of specific records.

Why Should the Institution’s Explanation Be Assessed Separately?

The institution may claim that the instruction was given late, that there was no valid instruction, that the fund’s transaction terms were different or that there was a restriction affecting the transaction. Instead of ignoring these possibilities, the applicant should address them with the documents and announcements in force on the relevant date. If the counter-explanation turns out to be correct, this may change the outcome of the complaint.

If the fund is being liquidated, the fund’s liquidation terms and the selling institution’s conduct in executing the instruction should be addressed separately. The existence of a payment delay does not by itself show that the entire loss can be collected from the same institution. These distinctions are used here to make the application concrete; the loss calculation and the details of liability require a separate review.

How Long Does It Take to Receive a Response to the Application?

The response period is not the same as the period within which the review is definitively concluded. Article 7 of Law No. 3071 provides for a reasoned response, within thirty days at the latest, on the outcome or on the progress of the action being taken. If the status of the action has been communicated, the outcome must subsequently be disclosed separately. [7]

For access to information, on the other hand, the periods based on business days in Article 11 of Law No. 4982 apply. The periods below are not the time limit for bringing an action for damages against the investment firm. [8]

Period or stageBasic rulePoint not to be confused
Response to petitions and complaintsNotification of the outcome or progress within 30 days at the latestIt does not mean that every review ends within 30 days
Access to information or documentsAs a rule, 15 business daysIt is not calculated in the same way as calendar days
Extension in access to information30 business days for statutory reasons; the reason is notified before the initial period expiresIt is not an automatic or unreasoned extension
Notification of the cost of access to informationThe notification interrupts the 15-business-day access period; if the fee is not paid within 15 business days, the request is deemed withdrawnIt is not assumed that all access-to-information procedures are free of charge

How Is the Application Followed Up?

The application number, the text sent, the attachments and the responses received should be kept in the same file. Any additional information requested should be submitted with its connection to the initial application stated. If a new application needs to be made, it should be clearly shown which new document has arrived or which question has remained unanswered.

The fact that the system shows “answered” does not mean that the investment firm has made a payment or that all of the applicant’s requests have been accepted. The content of the response should be read in terms of whether it provides information, refers the matter to another authority, asks for missing items to be completed, reports that the review is ongoing or contains an assessment on the merits. The CİMER Regulation also distinguishes between a non-final response and the response given at the end of the process. [6]

What Outcomes May Result from the Review?

In events falling within its scope of review, the SPK may request explanations and records from institutions; depending on whether a breach of the legislation is found, it may consider the measures or sanctions within its authority. The application may also be concluded on the ground that no breach was found. Which outcome arises depends on the nature of the allegation and the facts established. [10]

The referral of the application to another administrative authority does not mean that the allegation has been accepted as true. The forwarding of a petition submitted to the wrong administrative authority to the competent authority and the provision of information to the applicant are regulated separately in Law No. 3071. [7]

Can the Entire SPK Review File Be Obtained?

The right to information does not mean that all records in the review file will be disclosed without limit. The protection of reviews and investigations, privacy and trade secret provisions may be assessed with regard to the specific document. If the disclosable information can be separated from the confidential parts, partial access may come into consideration. [8]

In practice, a request directed at specific documents or information is more precise than an unlimited request along the lines of “send me everything in the file”. Which ground is given in a refusal and which route of recourse is notified should also be examined.

Does a Complaint to the SPK Preserve the Time Limits for Lawsuits and Claims?

It should not be assumed that a general complaint automatically suspends or interrupts the statute of limitations on a claim against the investment firm. Articles 153 and 154 of the Turkish Code of Obligations regulate the grounds for suspension and interruption. The conclusion that follows from these provisions is that an administrative complaint record does not replace a lawsuit, enforcement proceedings or other relevant acts of seeking legal remedies. [15]

In the file, the transaction date, the date on which the claim arose and became due, the notification of the institution’s response and, where applicable, any special decision and objection period should each be determined separately. No single last day or single statute of limitations can be given for all investment disputes.

Why Is the Effect of a Mediation Application Different from That of a Complaint?

Law No. 6325 separately regulates the effect of the mediation process on time limits. In particular, in mediation as a condition precedent to litigation, the statute of limitations is suspended and the time limit for bringing an action (hak düşürücü süre) does not run from the application to the mediation office until the final report. The commencement of voluntary mediation, by contrast, is subject to its own statutory conditions. Opening a complaint record does not automatically count as an application for mediation. [16]

For this reason, the approach “let us first wait for the SPK’s decision, and then we will consider the lawsuit route” is not safe in every file. The application and the time-limit plan should be prepared together; where necessary, the options for interim legal protection should also be assessed in light of the specific case.

How Do the Borsa İstanbul and TSPB Routes Differ from a General Complaint?

Disputes Arising from Exchange Transactions

The Borsa İstanbul route is a special dispute procedure concerning exchange transactions. A transaction-based assessment is made with regard to the transmission of orders to the Exchange, their matching and the related clearing or custody obligations. The application is subject to the relevant procedural and service fee conditions. [12]

The current Borsa İstanbul Directive provides that applications not made within two years from the transaction date will not be examined and that the period will be assessed separately for each transaction. This limit should not be used as if it were a general statute of limitations for all investment claims. [11]

Off-Exchange Capital Market Disputes

The TSPB Customer Disputes Arbitration Committee becomes involved, subject to its own admissibility conditions, in off-exchange capital market disputes concerning members of the Association. The general sequence is an application to the member institution, a thirty-day response period and an application to the Committee within sixty days from the notification of a negative or insufficient response or from the expiry of the period left unanswered. In addition, a five-year limit from the transaction or act is observed. [13]

There is an exception to the prior application requirement for applications referred to the Association by the SPK. Nevertheless, the subject matter, the parties and the other admissibility conditions are assessed separately. The fund entering liquidation and the Association’s member institution entering liquidation are not the same fact; the scope provisions concerning the bankruptcy or liquidation of the institution or the complete suspension of its activities should be examined carefully. [14]

Can the Same Dispute Be Pursued Before All Authorities at Once?

Applying to every route at the same time with the same petition is not a sound general method. Recourse to the judicial or arbitral route at Borsa İstanbul, or going to court or to a consumer arbitration committee before a decision is made at the TSPB, may result in the relevant file being removed from processing. The choice of route, the application dates and the effect of the files on one another should be assessed together. [11] [14]

How Is an Objection Made to the Response to an Application or to a Dispute Decision?

There is no single objection period applicable to every SPK response. A refusal of access to information, a Borsa İstanbul or TSPB decision and an administrative response to a general complaint are different legal acts.

Decision or responseRoute of recoursePeriod and basic condition
Refusal of a request for informationObjection to the Access to Information Evaluation Board (Bilgi Edinme Değerlendirme Kurulu)15 days from notification; Law No. 4982, Art. 13
Borsa İstanbul dispute decisionSpecial objection to the SPK through the Exchange15 days from notification; the relevant monetary condition and scope
TSPB Committee decisionSpecial objection to the SPK through the Association10 business days following notification
Response to a general complaint or lack of responseAdministrative application and judicial assessment appropriate to the nature of the actNo common period can be given without examining the special conditions

The fact that an objection in access-to-information proceedings suspends the relevant period for an administrative action does not mean that it preserves the statute of limitations on a private law claim. The monetary condition in a Borsa İstanbul objection, for its part, is not a minimum threshold required in order to apply with a general SPK complaint. [8] [11]

In an objection to a TSPB decision, it should be stated which finding of the decision is considered erroneous and why. Resending the text of a general complaint does not by itself show that the special objection procedure has been complied with. [14]

What Are the Limits Regarding Confidentiality of Identity, Allegations of Crime and the YTM?

Can It Be Requested That Identity Details Be Kept Confidential?

The CİMER Regulation provides that, where deemed necessary, the identity and contact details of the complainant may be concealed, and that they may be shared with the competent authorities under statutory conditions. A request for confidentiality may therefore be written, but one should not act as if absolute confidentiality were assured. The fact that applications made to CİMER by post and containing detailed concrete documents may be processed with the approval of an authorized official despite certain formal deficiencies does not mean that an anonymous application will necessarily be examined either. [6]

Are a Criminal Report and an Administrative Complaint the Same Act?

An allegation that an event constitutes a crime may separately require the relevant judicial application route. The CİMER Regulation lists only criminal reports falling within the remit of the Offices of the Chief Public Prosecutor (Cumhuriyet başsavcılıkları) and other judicial authorities among the applications that will not be processed. The aspect of the same event that requires administrative supervision by the SPK may be assessed separately. The investor should describe the events and evidence known to them and should not write about persons’ guilt as if it were a final judgment merely because a loss has occurred. [6]

Does the YTM Make an Automatic Payment Following a Complaint?

No. The compensation mechanism of the Investor Compensation Center (Yatırımcı Tazmin Merkezi) is subject to its own statutory conditions and to a decision to compensate investors. Losses arising from market price movements or from investment advisory services are not the general subject of protection of this mechanism. A complaint to the SPK does not by itself give rise to a right to payment from the YTM. [17]

The transfer to the YTM and the return of unclaimed deposits and receivables under SPKn Article 83/4 is a separate provision. The ten-year period in this provision cannot be used as a general statute of limitations for actions concerning all investment losses. [18]

What Are the Common Mistakes Made in Applications?

  • Describing only a grievance without specifying the institution, the investment instrument and the transaction date.
  • Treating the receipt of the instruction and the execution of the transaction as the same.
  • Attaching documents without explanation or relying only on cropped screenshots.
  • Not addressing the institution’s counter-explanation and the transaction terms in force on the date of the event.
  • Turning the request for review and the claim for compensation into a single, vague request.
  • Overlooking the file requirements for electronic applications, the authority of representation or the signature requirement.
  • Taking the same period as the basis for every response and believing that the complaint preserves the time limit for the claim.
  • Repeatedly resending the same text without showing any new information.

A short final check should be carried out before applying: Can the conduct to be reviewed be understood? Are the dates and attachments consistent? Is the request directed to the correct authority? Is there an upcoming last day for another lawsuit or objection? Being able to give clear answers to these questions makes it easier to assess the file.

Related articles: Refusals of Information Requests and Effective Remedies; Liability of Banks and Brokerage Firms for Unexecuted Fund Sell Orders; Damages Actions for Investment Fund Losses: Liability of the Portfolio Management Company, the Custodian and the Bank; Forgotten Assets in an Investment Account: The 10-Year Period, Transfer to the YTM and the Return Application; SPK Fund Liquidation: Investor Rights, Payment Process and Legal Routes of Recourse.

Conclusion

An effective complaint to the SPK sets out specific transactions and conduct with verifiable records. The application must be transmitted through the right channel, the identity and representation requirements must be completed, the events must be matched with the attachments and the request must be framed in accordance with the Board’s remit.

To protect the investor’s rights, the administrative review, access to information, the special dispute application and the pursuit of the claim should be planned together. Obtaining an application number or the review being ongoing does not replace the use of the other legal routes within the time limits.

Frequently Asked Questions

Does an SPK Complaint Directly Secure a Refund?

The review of a general complaint is directed at compliance with the legislation. For a refund or compensation, other routes appropriate to the nature of the request are assessed separately. [1]

Can I Apply to the SPK Through e-Devlet?

The SPK’s official referral for complaints is to CİMER; CİMER can also be accessed through e-Devlet. It should not be assumed that this is the same procedure as the separate e-Application services. [3] [4]

Do I Have to Apply to the Bank or Brokerage Firm First?

The general SPK complaint and the TSPB procedure are different. The prior application rule and the referral exception at the TSPB apply separately if that route is chosen. [14]

Can I Apply If I Do Not Have All the Documents?

You may submit the concrete information and existing documents you have, and clearly describe the relevant records you do not have. A lack of documents should not be concealed, and a record whose existence is not known should not be presented as if it existed.

Is It Sufficient to Upload the PDF of the Petition to CİMER?

No. The current official explanation provides that the subject of the application is to be written in the text field and that the permitted image formats are to be used. [5]

Is an SPK Complaint Definitively Concluded Within Thirty Days?

Thirty days is the period for a response on the outcome or on the progress of the action. The completion of the review and the separate notification of the outcome are different stages. [7]

Does a Complaint Suspend the Statute of Limitations for a Lawsuit?

It should not be assumed that a general SPK complaint has such an effect. The basis of the claim, the applicable period and the statutory grounds for suspension or interruption should be examined separately. [15]

Must All SPK Responses Be Objected to Within Fifteen Days?

No. A refusal of access to information, a Borsa İstanbul decision, a TSPB decision and a response to a general complaint are subject to different procedures. The relevant response and the special provision should be read together. [8] [11] [14]

If I Withdraw My Complaint, Do I Also Waive My Right to Compensation?

The withdrawal of the administrative application alone does not automatically mean that the debtor has been released. The scope of the statement and of any settlement or release agreement should be examined. In special application routes such as Borsa İstanbul, separate consequences may arise with regard to reapplying with the same dispute. [15] [11]

Is an Attorney Mandatory in Order to File a Complaint?

It is possible for a person to exercise their own right to petition. In events involving representation, complex transaction records, more than one authority or a time-limit risk, obtaining a legal assessment may help ensure that the applications are prepared consistently with one another. [7]

Sources and legal bases

  1. Capital Markets Board (Sermaye Piyasası Kurulu). “Where and How to File a Complaint?” (Şikâyet Başvurusu Nereye, Nasıl Yapılır?) January 16, 2022. Official explanation.
  2. Capital Markets Board. “Duties, Powers and Responsibilities” (Görev, Yetki ve Sorumluluklar). Official explanation.
  3. Capital Markets Board. “Access to Information” (Bilgi Edinme). CİMER referral for complaints and information requests within its remit. Official page.
  4. Capital Markets Board. “Services Offered Through e-Devlet” (e-Devlet Üzerinden Sunulan Hizmetler). Official service list.
  5. Directorate of Communications of the Presidency (Cumhurbaşkanlığı İletişim Başkanlığı). “CİMER Frequently Asked Questions” (CİMER Sıkça Sorulan Sorular). Explanations on application channels, attachments and tracking. Official page.
  6. Regulation on the Presidential Communication Center (Cumhurbaşkanlığı İletişim Merkezi Yönetmeliği). Presidential Decision No. 5690; Official Gazette, June 4, 2022, issue 31856; especially Articles 5–8. Directorate of Communications, Annotated CİMER Regulation and the text of the regulation annexed to it. Official publication.
  7. Law No. 3071 on the Exercise of the Right to Petition (3071 sayılı Dilekçe Hakkının Kullanılmasına Dair Kanun). Especially Articles 3–7. Text of the law published by an official institution.
  8. Law No. 4982 on the Right to Information (4982 sayılı Bilgi Edinme Hakkı Kanunu). Especially Articles 6–13, 19, 21, 23 and 27; text of the law incorporating amendments. Official publication of the Ministry of Agriculture and Forestry.
  9. Capital Markets Board. “Contact” (İletişim). Head office address and KEP details. Official contact page.
  10. Capital Markets Board. “Supervision” (Denetim). Explanations on the scope of review and statutory measures. Official page.
  11. Borsa İstanbul AŞ. Directive on the Working Procedures and Principles of the Dispute Committees (Uyuşmazlık Komiteleri Çalışma Usul ve Esasları Yönergesi); revision of March 31, 2026, revision 1; especially Articles 4–5, 9–10 and 15–16. Current official directive.
  12. Borsa İstanbul AŞ. “Disputes” (Uyuşmazlıklar). Explanations on applications and special objections. Official page.
  13. Capital Markets Association of Türkiye (Türkiye Sermaye Piyasaları Birliği). “Dispute Center” (Uyuşmazlık Merkezi). Official application explanation.
  14. Capital Markets Association of Türkiye. Directive on the Customer Disputes Arbitration Committee (Müşteri Uyuşmazlıkları Hakem Heyeti Yönergesi); especially Articles 8–11, 14 and 18. Directive linked from the official center page.
  15. Law No. 6098, Turkish Code of Obligations (6098 sayılı Türk Borçlar Kanunu). Especially Articles 132 and 153–154. Ministry of Justice legislation record; the text adopted by the TBMM against which the relevant provisions were compared.
  16. Law No. 6325 on Mediation in Civil Disputes (6325 sayılı Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu). Especially Articles 16/2 and 18/A/15. Official text of the law, Ministry of Justice.
  17. Investor Compensation Center (Yatırımcı Tazmin Merkezi). “Scope of Protection” (Koruma Kapsamı). Compensation conditions under SPKn Article 84. Official explanation.
  18. Investor Compensation Center. “Article 83 – Investor Compensation Center” (Madde 83 – Yatırımcı Tazmin Merkezi). Current text of Article 83/4 on unclaimed deposits and receivables. Official explanation.

AUTHOR

Av. Umut Güneş

Güneş & Güneş Law Firm

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