Banking or banking law is a complex branch of law that regulates the legal operations and transactions, duties, and obligations of banks and similar institutions. Banks, which are of great importance for the continuity of the economic system, provide not only commercial services but also public services, and are related to many areas such as trade law, obligations law, bankruptcy law, and even criminal law. In Turkey, the main regulations on banking law are set forth in Banking Law No. 5411, while the provisions of special laws regarding banks are reserved, and in cases where there are no provisions in this Law, general provisions are applied.
The purpose of Banking Law No. 5411, as stated in the first article, is to regulate the principles and procedures for ensuring trust and stability in financial markets, the efficient operation of the credit system, and the protection of the rights and interests of savers. The Law contains not only regulations on the functioning of banks, the responsibilities of authorized individuals and employees, but also substantial and punitive sanctions more severe than those applied to merchants. For the regulation and supervision activities to be carried out within the framework of the Banking Law and related legislation, the Banking Regulation and Supervision Agency (BRSA), an independent institution, is authorized.
Examples of dispute topics related to banking law include cases arising from mortgage and collateral transactions, credit agreements, financial leasing and factoring transactions, company finance and auditing, activities of institutions and organizations falling under the authority of institutions such as the Banks Association, CMB, BRSA, etc. Handling these matters requires legal knowledge and experience.
At Önal & Önal Law Firm, we provide legal support and consultancy to our clients in the management of all kinds of transactions related to banking law and in the follow-up of investigations.