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AŞIK & PARTNERS
Sariyer, Turkey

AŞIK & PARTNERS advises domestic and international companies, public entities, and banks on business law matters. Its practice combines Turkish legal expertise with cross-border experience, with work spanning Turkey, France, and West Africa.The firm’s services cover corporate matters,...
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Turkey Restructuring & Insolvency Legal Articles

Browse our 4 legal articles about Restructuring & Insolvency in Turkey with practical legal information.

Turkey Cross-Border Debt Recovery & Corporate Restructuring
Restructuring & Insolvency
Cross-Border Debt Recovery and Corporate Restructuring in Turkey Foreign bankruptcy decrees require formal recognition by a Turkish court before they are enforceable against local assets. Securing interim injunctions is the first step to prevent Turkish debtors from dissipating assets during prolonged disputes. Turkey's Concordato mechanism shields domestic companies from execution... Read more →
Restructuring Debt for Foreign Joint Ventures in Turkey
Restructuring & Insolvency
Restructuring Debt for Foreign Joint Ventures in Turkey Economic shifts and currency fluctuations frequently put severe pressure on foreign joint ventures (JVs) operating in Turkey. When local corporate debt becomes unsustainable, international stakeholders must act quickly. Restructuring Turkish commercial debt requires a clear grasp of local bankruptcy laws, structured negotiation... Read more →
How to Restructure Debt for Your Turkish Subsidiary
Restructuring & Insolvency
How to Restructure Debt for Your Turkish Subsidiary Act before absolute insolvency: Turkish law favors companies that file for restructuring while they are still functional but face imminent cash-flow risks. Statutory shield is local: A concordat (konkordato) halts local foreclosure and asset seizures, but it does not protect a foreign... Read more →

When a Sarıyer business needs debt restructuring or insolvency advice

Businesses in Sarıyer may need advice on negotiating with creditors, seeking a court-supervised concordat, or dealing with bankruptcy and enforcement proceedings. The right option depends on the company’s cash flow, debts, assets, and ability to keep operating.

For a company based in Maslak, İstinye, or elsewhere in Sarıyer, the registered office and business center can affect which Istanbul court is competent. A lawyer can assess venue and urgency before deadlines, enforcement action, or creditor demands narrow the available options.

Situations where a lawyer can make a practical difference

  • A Sarıyer company cannot meet payroll, rent, tax, or supplier payments and needs to assess whether a concordat proposal is viable.
  • A creditor has started enforcement against a business with offices or assets in Sarıyer, and the debtor needs to understand deadlines and available objections.
  • A company’s bank or supplier is demanding payment, but management wants to negotiate a repayment plan without making promises the business cannot keep.
  • Directors discover substantial losses or possible over-indebtedness and need advice on their duties under Turkish company law.
  • A landlord, supplier, or other creditor in Sarıyer is owed money by a distressed company and needs to evaluate enforcement, a concordat, or a bankruptcy claim.
  • A business operating in Sarıyer has employees, secured lenders, and multiple creditor groups, making it important to map claim priorities before proposing a restructuring.

Turkish laws that shape debt restructuring and bankruptcy

The main rules apply throughout Turkey, including Sarıyer. Court venue and enforcement steps depend on the debtor’s circumstances and the type of proceeding.

  • Enforcement and Bankruptcy Law No. 2004: Governs enforcement, bankruptcy, and concordat proceedings. Law No. 7101, published on 15 March 2018, substantially revised the concordat framework and ended the former postponement-of-bankruptcy procedure.
  • Turkish Commercial Code No. 6102: Effective from 1 July 2012. Article 376 addresses capital loss and over-indebtedness, including steps company directors may need to take when financial distress arises.
  • Law No. 7101: The 2018 amending law that changed the Enforcement and Bankruptcy Law and related legislation. It is particularly relevant to current concordat procedures and should be read with the provisions it amended.

Frequently asked questions

What is a concordat?

A concordat is a court-supervised arrangement through which a debtor may seek to restructure debts with creditors. The debtor generally submits a proposal and supporting financial information, and the court oversees the statutory process.

Can a Sarıyer company apply for a concordat?

A debtor that cannot pay debts as they fall due, or is at risk of being unable to pay, may be eligible to apply. Eligibility and the appropriate court depend on the debtor’s legal form, financial evidence, and business center.

Can a creditor request a concordat for a debtor?

In circumstances set by the Enforcement and Bankruptcy Law, a creditor entitled to seek the debtor’s bankruptcy may request a concordat process. A creditor should obtain advice before applying because the legal basis and required documents matter.

Does filing automatically stop every enforcement action?

A court-granted temporary respite can restrict many enforcement proceedings, but statutory exceptions apply. Secured claims and other specific circumstances may be treated differently, so the effect should be checked against the particular debt and court order.

How long can the concordat court process take?

The law provides for a temporary respite that may last up to five months, followed, if granted, by a definitive respite generally lasting one year. Extensions and later court stages can affect the total duration.

Does every business in financial difficulty qualify?

No. The court considers the application, financial records, proposed repayment plan, and other statutory requirements. A proposal that is unsupported or not realistically funded may fail.

Which court handles a Sarıyer debtor’s case?

Venue is determined under Turkish procedural and insolvency rules, including the debtor’s business center and the type of application. A lawyer should confirm the competent Istanbul commercial court and filing location before documents are submitted.

What does it cost to hire a lawyer?

Legal fees vary with the debt structure, number of creditors, urgency, and whether court proceedings are needed. Court charges, commissioner fees, and other expenses may also arise; request a written fee agreement that separates professional fees from disbursements.

Is a concordat the same as bankruptcy?

No. A concordat aims to arrange payment or restructuring under court supervision, while bankruptcy is a separate legal process involving the debtor’s assets and creditor claims. Which route is available depends on the debtor and its circumstances.

What documents should a business prepare?

Useful records include recent financial statements, cash-flow forecasts, bank and loan documents, creditor and debtor lists, tax information, and details of assets and security. The lawyer may request further records to support the proposed plan and meet filing requirements.

Can a foreign creditor participate?

A foreign creditor may have rights in Turkish proceedings, but notice, proof of claim, translation, and representation issues can arise. The creditor should check filing deadlines and requirements for its specific claim.

Official resources for Sarıyer and Istanbul

  • Istanbul Bar Association: Its lawyer directory can help verify that a prospective lawyer is registered to practise in Turkey.
  • Istanbul Courthouse (İstanbul Adliyesi): Court registries handle filings and procedural enquiries for courts located there. Confirm the competent court and filing location for the debtor’s case before attending.
  • Ministry of Justice UYAP services: The official judicial information system supports access to case information and certain court services, subject to user access and authentication requirements.

Steps to find and hire a lawyer

  1. Identify immediate risks within one or two days. List payment deadlines, enforcement notices, court documents, threatened asset sales, and upcoming payroll obligations.
  2. Gather core financial records over the next few days. Prepare creditor and debtor lists, bank statements, accounts, tax records, cash-flow forecasts, and details of guarantees and security.
  3. Shortlist lawyers promptly. Use the Istanbul Bar Association directory and look for lawyers who handle Turkish concordat, enforcement, bankruptcy, and company distress matters.
  4. Ask focused questions at an initial consultation. Discuss venue, urgent deadlines, available procedures, risks to directors, creditor treatment, and the documents still needed.
  5. Request a written scope and fee proposal before engagement. Clarify whether the work covers negotiations, court applications, creditor communications, hearings, and additional expenses.
  6. Agree on an immediate action plan. Once retained, the lawyer should confirm deadlines and identify the first filings or creditor communications, often within days when enforcement is active.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.