1864775-v3\MADDOCS 1 AMENDMENT OF THE INSOLVENCY ACT ROYAL DECREE-ACT 1/2015 SECOND-CHANCE MECHANISM URGENT MEASURES TO REDUCE FINANCIAL BURDEN (in force as of 1 March 15) THE NEW MEASURES CAN AFFECT YOU IF AN INDIVIDUAL OWES YOU MONEY AND THEY ARE DECLARED INSOLVENT If an individual, be they businessmen/entrepreneurs or not, owes you money and they become insolvent, and you (or your Company) have not secured the credit with a guarantee or with some type of security interest (mortgage or pledge), then you could be affected by the so-called “unpaid debt waiver benefit" that is applicable t
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REFORM OF THE INSOLVENCY ACT: Royal Decree-Act 11/2014
(passed on 5/9/2014; in force since 6/9/14)
WHO DOES IT AFFECT? HOW?
DEBTORS
On September 27, Law 14/2013, on support to the internationalization of business, was approved (Spanish Official Gazette of September 28). From its entry into force on October 18, the procedure for out-of-court settlement of payments will be implemented, which is a new mechanism of debt renegotiation prior to the declaration of insolvency and an alternative to the so-called “pre-insolvency”, aimed to individual entrepreneurs, freelancers and small and medium-sized businesses that have not yet been declared insolvent whose assets and liabilities meet certain re
Two companies showed interest in the assets of a third company that was in a state of bankruptcy.
Recent Development
In scope of the various response measures implemented by the Turkish government to prevent the spread of the coronavirus (COVID-19) in Turkey, the President of the Turkish Republic issued the "Decree to Suspend Enforcement and Bankruptcy Proceedings" on March 22, 2020, in accordance with Article 330, "Suspension In Case of Emergency", of the Enforcement and Bankruptcy Law ("EBL").
What Does the Decision Say?
Recent Developments
The Law on the Amendment to the Income Tax Law and Certain Laws (the "Omnibus Bill") entered into force upon its publication on the Official Gazette No. 30836 dated July 19, 2019. The Omnibus Bill includes provisions for financial restructuring and tax related matters.
What’s New?
Financial Restructuring
Yeni Gelişme
Türkiye Bankalar Birliği, hazırladığı Finansal Yeniden Yapılandırma Çerçeve Anlaşması'nı ("Önceki Çerçeve Anlaşma") büyük ölçekli ("Büyük Ölçekli Çerçeve Anlaşma") ve küçük ölçekli ("Küçük Ölçekli Çerçeve Anlaşma") borçlular için iki farklı çerçeve sözleşme olacak şekilde bölmek üzere değişiklik yaptı.
Değişiklik ne getiriyor?
Recent Development
The Banking Regulation and Supervision Agency added a provisional article on consumer loan restructuring to the Regulation on Banks' Loan Transactions and the Regulation on Establishment and Activities of Financial Leasing, Factoring and Financing Companies. Pursuant to the provisional article, consumer loans whose principal and/or interest payments became overdue before February 10, 2019 can be restructured to a maximum of sixty months at the borrower's request.
2018 yazındaki kur şokuyla, "finansal yapılandırma" kavramı hayatımıza girdi.Borçlu şirketin mali yapısının elden geçirilip, mali stratejisinin tekrar belirlenmesi olarak tanımlanabilecek finansal yapılandırma; bir anda finansal kuruluşlarımızın en büyük gündemi haline geldi. İlgili kurumlarımız hemen müdahale edip, yapılandırma için yasal altyapıyı oluşturma yönünde çalışmaya başladı.
The concept of "financial restructuring" was introduced in Turkey following the country's currency crisis in the summer of 2018. Financial restructuring, defined as revising a debtor's financial structure and redetermining its financial strategy, became the major agenda of Turkish financial institutions. Regulators intervened immediately and began working to form the legal infrastructure for restructuring.