Best Structured Finance Lawyers in Bursa

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Kula Law Firm
Bursa, Turkey

Founded in 2009
11 people in their team
English
Kula Law Firm providing comprehensive legal services to corporations and natural persons. One of the main facts of the Law is to be compatible with the changing conditions within the country and the world. Kula Law Firm adopts as a principle to be attuned to these changes expeditiously and always...
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About Structured Finance Law in Bursa, Turkey

Structured Finance refers to complex financial instruments and transactions designed to manage risk, improve liquidity, or raise capital, often through the pooling of assets and issuing of securities. In Bursa, Turkey, structured finance plays a pivotal role in supporting corporate expansion, real estate projects, and infrastructure development. These transactions require detailed legal arrangements to ensure compliance with Turkish financial regulations and to address the interests of all stakeholders involved.

The city of Bursa, known for its vibrant industrial and commercial sectors, frequently sees structured finance utilized for business growth. Common structures in Bursa include securitizations, syndicated loans, project finance, asset-backed securities, and leasing arrangements. Legal professionals in this field help parties navigate regulatory requirements, draft the necessary agreements, and manage risks inherent to complex financial transactions.

Why You May Need a Lawyer

Individuals and companies may require legal assistance in structured finance for various reasons. Some of the most common situations include:

  • Structuring or negotiating complex financing arrangements for corporate projects
  • Issuing or investing in asset-backed securities or sukuk (Islamic bonds)
  • Compliance with Turkish Capital Markets Board (CMB) regulations and requirements
  • Drafting and reviewing loan agreements, collateral documents, and offering circulars
  • Conducting due diligence on assets, borrowers, or issuers
  • Restructuring existing debts or refinancing projects
  • Managing cross-border structured finance transactions involving foreign entities
  • Handling disputes related to structured finance arrangements

Because the documentation is complex and regulations are strict, not having expert legal advice can expose parties to significant financial and legal risks.

Local Laws Overview

Structured finance in Bursa, and Turkey in general, is governed by a combination of laws and regulations, including:

  • Capital Markets Law: Overseen by the Capital Markets Board of Turkey (CMB), this law sets the framework for securities and asset-backed transactions. Any public offering or issuance of securities must comply with these rules.
  • Banking Law: Regulates financial institutions providing structured finance services, particularly for project loans and syndicated facilities.
  • Turkish Code of Obligations: Governs the enforceability and validity of contracts used in structured finance deals.
  • Collateral Law (Movable Pledge Law): Provides mechanisms to secure financing with different types of collateral, a key element in asset-backed transactions.
  • Tax Regulations: Addresses the tax treatment of structured finance instruments, such as withholding taxes on interest or dividends.

Additionally, Bursa’s local courts and administrative agencies play a role in overseeing transactions and resolving disputes. All structured products must be tailored to comply with both national law and local regulations particular to Bursa’s commercial environment.

Frequently Asked Questions

What types of structured finance transactions are most common in Bursa?

The most common transactions include project finance for real estate and industrial projects, syndicated loans, leasing for machinery and equipment, securitizations, and sukuk issuance for Sharia-compliant financing.

Do I need approval from authorities before issuing asset-backed securities in Bursa?

Yes, any public issuance of asset-backed securities must be approved by the Capital Markets Board of Turkey. Additionally, compliance with other relevant laws and statutory disclosures is required.

Can foreign investors participate in structured finance projects in Bursa?

Yes, foreign investors can participate, but they must comply with Turkish regulations, including currency controls, anti-money laundering rules, and tax laws.

What is the role of collateral in structured finance transactions?

Collateral is often required to secure financing and may include real estate, machinery, receivables, or other assets. Proper registration and legal documentation are essential for enforceability.

How are Islamic finance structures, such as sukuk, regulated in Turkey?

Islamic finance structures are subject to both standard financial regulations and additional compliance with Sharia principles. The Capital Markets Board issues guidelines specific to sukuk and other Islamic instruments.

Are there specific tax considerations for structured finance in Bursa?

Yes, structured finance transactions may involve special tax rates, exemptions, or obligations, especially regarding interest incomes, capital gains, and transaction taxes. Consulting a lawyer or tax advisor is highly recommended.

What legal risks should participants in structured finance be aware of?

Key risks include non-compliance with regulatory requirements, ineffective collateralization, misrepresentation in disclosure documents, and changes in tax laws.

Can structured finance agreements be enforced in Turkish courts?

Yes, so long as the agreements are properly drafted under Turkish law and comply with public policy and regulatory requirements, they are enforceable in local courts.

What happens if there is a dispute in a structured finance arrangement?

Disputes are usually addressed first through negotiation or mediation. If unresolved, they may proceed to arbitration or litigation in the relevant Turkish courts.

How long does it take to complete a structured finance transaction in Bursa?

Timelines vary depending on the complexity and regulatory requirements of the deal. A straightforward project may take a few weeks, while complex securitizations or cross-border deals can take several months.

Additional Resources

If you are seeking more information or support regarding structured finance law in Bursa, consider these resources:

  • Capital Markets Board of Turkey (CMB): The primary regulator for securities and structured finance
  • Turkish Banking Regulation and Supervision Agency (BRSA): Oversees banking-related structured finance operations
  • Bursa Chamber of Commerce and Industry: Offers local business support, including legal referrals
  • Union of Turkish Bar Associations: Directory of qualified lawyers, including structured finance specialists

Local universities, law faculties, and professional training institutes also offer seminars and guides on structured finance practices in Turkey.

Next Steps

If you believe you need legal assistance with a structured finance matter in Bursa, consider the following steps:

  • Gather all relevant documents, financial statements, and agreements related to your transaction
  • Identify the specific type of structured finance transaction you are considering or facing
  • Contact a lawyer in Bursa who specializes in structured finance or has experience with similar transactions
  • Schedule a consultation to discuss your situation, ask about experience and track record, and clarify fees
  • Work closely with your lawyer to ensure all legal, regulatory, and tax requirements are evaluated before proceeding

Seeking timely professional advice can protect your interests, ensure compliance, and contribute to the successful outcome of your structured finance project in Bursa.

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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.