ARTICLE
31 October 2022

BRSA's Latest Loan Restrictions

Sadık & Çapan

Contributor

Sadık & Çapan is an independent and a boutique law firm based in Istanbul, Turkey. With its experienced team, Sadık & Çapan provides legal advisory services to local and foreign corporations and banks, public companies, investment funds, brokerage firms, asset management companies, venture capital companies, individuals and start-ups, in the fields of banking and finance, securities and capital markets, corporate, commercial and employment laws. Our firm is highly qualified and skilled in advising public companies in their daily operations particularly about their regulatory filings, corporate governance activities, reporting and disclosure requirements and various securities offerings including IPOs, cross-border and domestic debt and equity offerings (DCM and ECM deals) involving Reg S/144A issuances, Sukuk transactions and also, highly specialized in different types of loan and security transactions, alternative financing models and financial and regulatory compliance matters.
Banking Regulation and Supervision Agency with its decision dated 21.10.2022 and numbered 10389, has expanded the restrictions in relation to the commercial cash loans utilized by companies subject to independent audit...
Turkey Finance and Banking
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Banking Regulation and Supervision Agency ("BRSA") with its decision dated 21.10.2022 and numbered 10389, has expanded the restrictions in relation to the commercial cash loans utilized by companies subject to independent audit, by decreasing the threshold of holding foreign currency (FX) cash assets (gold, effective currency, FX currency cash asset) as of the loan utilisation date from 15 million Turkish Lira to 10 million Turkish Lira and the rate of FX cash assets from 10 % to 5% of the total FX assets or annual sales of the company as per its latest financial tables.

At the beginning of the summer of 2022, BRSA has announced these restrictions over the commercial cash loans utilized by companies respectively in its decision dated 24.06.2022 and numbered 10250 and decision dated 07.07.2022 and numbered 10265, which was particularly brought to loosen some of the restrictions brought in the former decision. As per these decisions, the companies for using commercial cash loans were obliged to hold FX cash assets that does not exceed 15 million TL and 10% of their total FX assets or annual sales as per their latest financial tables.

This time, BRSA, with its new decision, tightened its restrictions applicable for commercial loan utilisation and requires the companies to hold FX cash assets not more than 10 million TL and 5% of their total assets or annual sales as per their latest financial tables in order to be eligible for utilizing commercial loans.

This new decision of BRSA will come into force as of 01.11.2022 and as per this new decision, the representations and undertakings regularly obtained from customers relating to their FX assets will be collected from the customers again as of 01.11.2022.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
31 October 2022

BRSA's Latest Loan Restrictions

Turkey Finance and Banking

Contributor

Sadık & Çapan is an independent and a boutique law firm based in Istanbul, Turkey. With its experienced team, Sadık & Çapan provides legal advisory services to local and foreign corporations and banks, public companies, investment funds, brokerage firms, asset management companies, venture capital companies, individuals and start-ups, in the fields of banking and finance, securities and capital markets, corporate, commercial and employment laws. Our firm is highly qualified and skilled in advising public companies in their daily operations particularly about their regulatory filings, corporate governance activities, reporting and disclosure requirements and various securities offerings including IPOs, cross-border and domestic debt and equity offerings (DCM and ECM deals) involving Reg S/144A issuances, Sukuk transactions and also, highly specialized in different types of loan and security transactions, alternative financing models and financial and regulatory compliance matters.
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