Pursuant to the Decision of the Banking Regulation and Supervision Board dated 10.02.2023 and numbered 10507 taken as a result of the meeting of the Banking Regulation and Supervision Board held on 10.02.2023:

Pursuant to the Decision of the Banking Regulation and Supervision Board dated 10.02.2023 and numbered 10507 taken as a result of the meeting of the Banking Regulation and Supervision Board held on 10.02.2023:

Due to the earthquake disaster that occurred in Adana, Adıyaman, Diyarbakır, Hatay, Gaziantep, Kahramanmaraş, Kilis, Malatya, Osmaniye and Şanlıurfa (provinces in the earthquake/disaster zone);

A- Pursuant to the fourth paragraph of Article 9 of the Bank Cards and Credit Cards Law No. 5464 (Law No. 5464) and the seventh paragraph of Article 22 of the Regulation on Bank Cards and Credit Cards (Card Regulation);

·        For credit cards issued in the name of persons residing in the provinces in the earthquake/disaster zone, the minimum amount will be determined as twenty percent of the period debt without taking into account the limit of twenty-five thousand Turkish Liras stipulated in the Board Decision dated 09.06.2022 and numbered 10222 regarding the determination of the minimum amount.

·        Informing the cardholder regarding the credit cards issued on behalf of the residents of the provinces in the earthquake/disaster zone and for which periodic limit increases can be made upon a general instruction, With respect to cards for which there is no instruction of this nature, up to one times (four times the average monthly net income of the relevant person for the first year) the limitations on the average monthly net income of the relevant person taken into account in determining the total credit card limit to be recognized for credit cards obtained from all card issuers in the second paragraph of Article 9 of the Law No. 5464 and the third paragraph of Article 22 of the Card Regulation, provided that the cardholder's request is received, for the second and subsequent years, not exceeding eight times), and in cases where periodic limit increases can be made upon a general instruction received from cardholders, such increases can be applied immediately after the customer is informed.

·        Within the scope of the second paragraph of Article 8 of the Law No. 5464 and the sixth paragraph of Article 22 of the Card Regulation; the provisions regarding the closure and cancellation of credit cards whose minimum payment amount is not paid for cash use or for the purchase of goods and services with cash use may not be applied by card issuers for cardholders residing in the provinces in the earthquake/disaster region and banks will be able to define grace periods by not demanding their receivables, including the minimum amount, from cardholders residing in provinces in the earthquake/disaster zone during the period in which they defer card debts.

B- For residents of provinces in the earthquake/disaster zone;

·        The limit set as 2,000 Turkish Liras in the second paragraph of Article 9 of the Law No. 5464 and the first and third paragraphs of Article 22 of the Card Regulation and determined as 2,000 Turkish Liras with the Board Decision dated 09.07.2020 and numbered 9093 may be increased to 5,000 Turkish Liras in accordance with Article 47 of the Law No. 5464.

C- For residents of provinces in the earthquake/disaster zone;

·        Pursuant to the sixth paragraph of Article 12/A of the Regulation on Banks' Credit Transactions and the fifth paragraph of Article 11/A of the Regulation on the Establishment and Operating Principles of Financial Leasing, Factoring and Financing Companies, in the event that the principal and interest payments of consumer and vehicle loans extended by banks/companies are postponed upon the request of the customers, the postponement period will not be taken into account in the maturity limits determined by the third paragraph of Article 12/A of the Regulation on Credit Transactions of Banks and the second paragraph of Article 11/A of the Regulation on the Establishment and Operating Principles of Financial Leasing, Factoring and Financing Companies.

Ç- For loan customers affected by the earthquake/disaster;

·        Within the scope of the third paragraph of Article 8 of the Regulation on Banks' Credit Transactions, it will be left to the discretion of banks to obtain credit ratings from credit customers,

·        It will be left to the discretion of the banks to obtain the additional documents required to be obtained from the credit customers falling within the scope of Article 11/A of the Regulation on Credit Transactions of Banks,

D- Regarding the valuation of the collaterals in the form of real estate mortgages in the earthquake zone of the loans extended to customers affected by the earthquake/disaster;

·        In accordance with subparagraph (d) of the first paragraph of Article 14 of the Regulation on the Procedures and Principles Regarding the Classification of Loans and the Provisions to be set aside for them, the revaluation of the collaterals in the form of real estate mortgages of loans to be classified as non-performing loans will be postponed,

·        The review of the value of commercial and residential real estates taken into consideration as collateral by banks as specified in subparagraph (b) of the first paragraph of Article 21 of the Communiqué on Credit Risk Mitigation Techniques will be postponed,

E- In the application of the Board Decision dated 07.07.2022 and numbered 10265 and the Board Decision dated 21.10.2022 and numbered 10389 in terms of companies (Company) subject to independent audit in accordance with the Decree Law No. 660 and related regulations established in the provinces in the earthquake / disaster zone;

·        For the loans extended between 01.10.2022-31.12.2022; Companies will be given a deadline until 31.03.2023 to submit to the banks the documents required to be submitted to the banks approved by the independent audit firm or certified public accountants (CPA) licensed in accordance with the Law on Certified Public Accountants and Sworn-in Certified Public Accountants dated 01.06.1989 and numbered 3568 regarding the fulfillment of the conditions specified in the Board Decision No. 10265.

 

·        01.01.2023-31.03.2023, in the event that a company applying for a loan between 01.01.2023-31.03.2023 declares and undertakes that it is not subject to independent audit, but the relevant bank is hesitant about this issue, The company will be given 3 months from the date of loan disbursement to have the certificate stating that the company is not subject to independent audit approved by independent accountant financial advisors, CPAs or independent audit institutions licensed in accordance with Law No. 3568 and submit it to the relevant bank.

 

·        Regarding the loans extended/to be extended between 01.01.2023-31.03.2023, companies will be given until 30.06.2023 to submit to the banks the documents to be submitted to the banks approved by the independent audit firm or CPA regarding the fulfillment of the conditions specified in the Board Decision No. 10265,

 

F- For loans extended to customers affected by earthquake/disaster and whose solvency has deteriorated;

·        As of 06.02.2023, depending on the requests of the customers, if the principal and interest payments are postponed for a minimum period of 6 months (without prejudice to the customer's requests for a shorter period of time) and if the postponement is made without demanding interest / profit share, the customer request will not be sought,

·        Maximum care will be taken to comply with the Agency's legislation and banking principles and customs, and instructions will be sent to the Institutional Associations to ensure that customers are not victimized in this process and that all possible facilities, including additional financing, are provided,

G- The decisions taken in subparagraphs A, B, C, Ç, D of this Decree will be effective as of 06.02.2023 and will be applied until 01.01.2024

H- The phrase "for a period of 6 months, effective as of 06.02.2023" regarding the implementation of the provisions of the Board Decision dated 07.02.2023 and numbered 10503 shall be amended as "effective as of 06.02.2023, until 01.01.2024".