|
Özel Fırsatlar
|
Financial Leasing Law
Financial Leasing Law
Act Number: 3226
Admission Date: 10/06/1985
Gazette Published Date: 28/06/1985
Published in Official Gazette No: 18795
CHAPTER ONE: GENERAL PROVISIONS
PURPOSE
Article 1 - The purpose of this Act, to provide financing to regulate the financial leasing.
SCOPE
Article 2 - This law, the legal structure of contract, the parties mutual rights and obligations include provisions regulating.
DEFINITIONS
Article 3 - For the purposes of this Act;
Contract; financial lease agreement,
Charterer; financial leasing companies,
Tenants, who agreed to financial leasing,
Goods, subject to financial lease of goods,
Lease, financial lease, the phrase is.
CONTRACT
Article 4 - Agreement; rent from, the demands of tenants and selection on the third person to purchase or otherwise obtain copies of a property in the possession of, all benefits and to provide a certain period of time required to terminate and go rent for the tenant to leave is a contract foresaw.
OF AGREEMENT
Article 5 - or immovable property may be moved to the Convention. Intellectual and industrial rights such as patents can not be subject to this Convention.
Lease Price
Article 6 - Financial leasing costs and payment periods are determined by the parties. This amount may be fixed or variable. Turkish Lira or foreign currency from the Central Bankasınca commerce can be identified.
From abroad in the rental cost of leasing 25 000 U.S. dollars per year can not be less money from the Turkish Lira.
To increase this amount to the old values in the Banking Regulation and Supervision Board is responsible.
TERM AGREEMENT TERMINATION is not possible to
Article 7 - Contracts can be terminated for a period of at least four years. Shortening of this period in which case the rental, the Banking Regulation and Supervision Board are set in regulations to be issued nca.
REGISTRATION FORM AND AGREEMENT
Article 8 - Contract arrangements are made so by the notary. Portability of mala contract, the tenant of the residence is registered to the notary in the special register. The contract is for mala land title deed of immovable digit index of the statement, the ship on the agreements to register the ship shall be şerh.
Registration or şerh then, the third person in leasing the same rights on the acquisition of property to rent can not be argued against.
Turkey in the companys overseas branches located in the renting or the Banking Regulation and Supervision Agency nca contracts are registered.
RENTAL OF GOODS FINANCIAL purchase of
Article 9 - Financial leasing companies who lease the property belongs to the property. But the parties in the contract, the tenant of the end of the contract period, the goods shall be entitled to purchase property are decided.
Legal Structure of the COMPANY CHARTER
Article 10 - Charter of the company, can be established only in the form of anonymous partners.
Charter companies and organizations to open branches of foreign companies to open branches in Turkey linked to the Treasury and Foreign Trade Ministrys permit is tied to the front. The provisions of the Foreign Capital Incentive Law No. 6224 are reserved.
Charter company with branches in Turkey of foreign leasing companies linked to the Treasury and Foreign Trade of the Ministry are subject to audit.
Given the circumstances with the permission of the front shape and the company hired to remove the provisions on the regulation of the audit is shown in.
(Amended paragraph: 23/01/2008-5728 SK/444.mad) according to the provisions of this Act without permission from rental activities in the six months to two years imprisonment and fines of judicial beşyüz up with day to day beşbin he is penalized. This offense is made as to the benefit of legal persons shall entities of the specific security measures.
(Amended paragraph: 23/01/2008-5728 SK/444.mad) This Act does not meet the requirement in writing, and other obligations related to rental companies, and by the Banking Regulation and Supervision Board of the Turkish Lira onbin administrative fines up to fifty is the Turkish Lira.
CAPITAL
Article 11 - Charter capital of the company can not be less than one billion Turkish lira. Leasing companies in Turkey in the opening of foreign branches of the minimum paid-up capital of two million United States dollar is the Turkish lira money.
Banking Regulation and Supervisory Board to increase this amount is authorized up to five times.
In RENTAL OPERATIONS LIMIT
Article 12 - Charter of the company to limit the amount of leasing transactions, will perform with a group of partners or corporate rental transactions with principles and procedures to determine the amount of Banking Regulation and Supervision Board is responsible.
CHAPTER TWO: AGREEMENT TERMS AND RESULTS
The rights and obligations of KIRAÇ
Article 13 - Tenant, during the leasing contract is subject zilyet property, in accordance with the purposes of the contract to obtain all the benefits he is entitled.
Tenant, leasing the property and the conditions stipulated in the contract must be used carefully according to the provisions.
Unlike the provisions in the contract is not a tenant, for all kinds of goods and is responsible for the protection, maintenance and repair costs for the tenants are.
Damage and loss of MAL
Article 14 - Goods of the contract period for the tenants liability for damage and loss. This responsibility is not part of the amount paid is limited to insurance.
However, this difference, the tenant must pay the leasing fees.
Article 15 - the tenant, in leasing the property can not be transferred to another zilyedliğini.
(Additional paragraph: 21/02/2007-5582 SK/26.mad.) However, to obtain consumer or investment in housing financing in the leasing process tenants, tenancy title and / or contractual rights arising from and / or obligations, written permission from the rent registration can be transferred. Business leasing agreement the tenant because of this era of change, in the context of Article 8 of this Act shall be registered or is şerh.
(Additional paragraph: 21/02/2007-5582 SK/26.mad.) Housing finance in the context of the tenants in leasing transactions, to provide information to rent the other in the process of leasing provisions in the contract to make the registration of financial leasing in the possession of the goods may assign to another.
Be delivered to the KIRAÇ MAL
Article 16 - Financial leasing the property, rent from the manufacturer or vendor of goods with the contract on time or required to make timely payment is not met or other reasons not be delivered to the tenant in the Law of Obligations, the provisions of Article 106 shall apply.
The rights and obligations of the COMPANY CHARTER
Article 17 - Financial leasing companies who lease the property to the property.
Charter company, is leasing its property for the duration of the contract goods are difficult to insure. It belongs to the tenant payment of insurance premiums.
PROPRIETARY the transfer of the THIRD PERSON
Article 18 - The lease contract has not been envisaged otherwise, the goods can not be transferred to a third partys property.
In recognition of this authority in the Convention, the transfer, but another may be to rent. Over, is obliged to comply with contract provisions.
Devrin be valid against a tenant that is connected to the latest news.
Follow-up to be a collapse of KIRAÇ OR EXECUTIVE
Article 19 - In the case of a tenants bankruptcy, insolvency officer, the Execution and Bankruptcy Law in the first paragraph of Article 221 of the office according to the provisions constitute, before leasing the property decides to separate. Against this decision within seven days of the bankruptcy clerk disputable.
Be followed by execution against the tenant, the bailiff, the financial lease of goods to be excluded from follow-up is decided. Executive Officer within seven days to appeal against the decision can be.
These objections, no later than merciince examinations will be decided within a month.
TRACKING OR EXECUTIVE İFLAS to be from RENT
Article 20 - Charter in the event of the bankruptcy, contract, agreed by the end of the period of validity is in bankruptcy against the table.
Be followed by execution against the tenant, the leasing of goods, the contract period shall distrain.
PART THREE: Termination AGREEMENT
AGREEMENT Termination due to expire
Article 21 - Contract with the expiry of the agreed period ends. However, each time by at least three months before the expiry of the registration to report existing or new conditions may request a contract extension. Depends on the parties agreement to extend the Agreement.
Termination for other reasons AGREEMENT
Article 22 - Contract, the companys end, tüzelkişiliğinin Hitam, the tenants bankruptcy, or against a follow-up enforcement of semeresiz remain, the tenants death or acts of lost drivers license or business to clear up the case, the contract does not have a provision contrary, it ends.
Violation AGREEMENT
Article 23 - Charter, the financial cost of renting to tenants who fall into default in the payment that has not been paid within thirty days, may terminate the contract. However, in the contract, time to go to the tenants of the property has been agreed, this period can not be less than sixty days.
One of the parties acting in contravention to the contract, if, because of the inconsistency of the other party to the contract could not be expected to continue cases, the contract can be terminated.
TERMINATION AGREEMENT results
Article 24 - Contract termination, the contract to purchase the rights arising from use or do not have the right tenant, leasing the property is immediately returned to the taxpayers.
The results of TERMINATION AGREEMENT
Article 25 - In the event of termination of the contract by the tenant leasing the property with undue financial return to pay the cost of renting as well as obligations under the lease beyond that it is also responsible for the damage.
Contract is terminated by the tenant to return the property to tenants, but the damage suffered may demand compensation from the lease.
CHAPTER FOUR: THE SUBJECT AGREEMENT PROVISIONS
APPLICABLE PROVISIONS
Article 26 - Agreement, the provisions of this Act, if not the general provisions of the Law of Obligations, the rate of contract suit in the nature of the special provisions will apply.
Provisions will be PRACTICES
Article 27 - Contract about 688 of the Civil Code, 689, and 690 th articles of the Law of Obligations 222, 223, 224, with Article 254 of the 6570 Law on Real Estate Lease provisions do not apply.
PART FIVE: PROVISIONS OF INCENTIVES AND TAX in
INCENTIVES
Article 28 - (Amended article: 09/04/2003 - 4842 SK/31. Md.)
Leasing of all or a portion of investments be performed by the lessee, subject to financial lease regarding the economic valuation of these purchases will benefit from the incentives applied.
PROVISIONS OF CUSTOMS to
Article 29 - The agreement concluded between the foreign companies according to the tenant to return the goods, the following provisions shall apply with regard to customs duties.
a) have the right to purchase a contract based on or even have the right incentives in the benefit from tariff exemptions have not been taking goods entering Turkey, the customs legislation of the time constraints, excluding the contract period, depending on the temporary exemption of regime provisions will apply.
In this way, the return to Turkey for the property tax to meet the future amounts that may arise will be the guarantee. However, the exact duration of the contract do not import and leasing of the property be returned to renting out the homes to be made before the event to guarantee linking process can be solved according to the general provisions.
Connecting to the principles and procedures to guarantee a regulation is determined.
b) Contract duration of the leasing of imports of goods is made final, the date of the start of the tax payment mükellefiyet and the current exchange of customs duties will be calculated on the normal price is charged.
EXCLUSIONS AND TAX NİSBETİNİN Detection
Article 30 - Contract any tax, image, and are exempt from fees.
The Council of Ministers of the institutions subject to mükellefiyet narrow application of this Act arising from the earnings and wage tax down to zero to tevkifat nisbetlerini or institution is authorized to raise taxes until the nisbete.
Of the PROCEEDINGS OF
Article 31 - Agreement arising from the commercial case is the case.
REGULATIONS
Article 32 - The Law;
a) specified in the regulations of Article 7 of Banking Regulation and Supervision Board nca,
b) (Amended bend: 19/11/2005-5411 SK/168.mad) specified in Article 10 Banking Regulation and Supervision Agency by regulation,
c) the regulation foreseen in Article 30 by the Ministry of Finance and Customs, will be removed within three months of publication.
Effective
Article 33 - This Law shall enter into force on the date of publication.
EXECUTIVE
Article 34 - the provisions of this Law shall be executed by the Council of Ministers.
In addition to the JOB LAW PROVISIONS
DATE AND PROVISIONAL ARTICLE OF THE LAW 1 09/04/2003 SAYILI of 4842:
Provisional Article 2 - This Act prior to the date of the release regarding the financial leasing contracts, dated 10/06/1985 and numbered 3226 amended by this Act without the Lease Act, the provisions of Article 28 shall apply earlier.
|
| Konyaaltı Şube |
Gürsu Mah. 356 Sok Platin Park Evleri No:4/2
0.242.228 84 00
0.242.228 88 36
0.555.736 13 00
0.242.229 32 00
platin@platinemlak.com.tr
info@platinemlak.com.tr
|
| Lara Şube |
Şirinyalı Özgürlük Bulvarı Gamze Ekinci apt No.39 Kat:2/4 ANTALYA
0.242.316 90 99
0.242.317 10 63
0.532.784 09 50
0.242.316 89 99
platinlara@platinemlak.com.tr
|
| Bursa Şube |
Beşevler Mah Beşevler Cad Şömine Sitesi B Blok No.204 Nilüfer/BURSA
0.224.441 59 58
0.533.565 06 91
|
| Şanlıurfa Şube |
Çankaya Mah Gaffar Okan Cad Akbıyık Apt No:1 Karaköprü/ŞANLIURFA
0.414.347 77 77
|
| |
ALIŞ |
SATIŞ |
| DOLAR : |
1.4994 |
1.5066 |
| EURO : |
1.9241 |
1.9334
|
|
