Law and regulation of Covid-19 loan moratoriums in Turkey

1. Description of the legislation

1.1 Is there a moratorium on loans legislation implemented in your jurisdiction?

No.

1.2 If no: Are there any ongoing discussions regarding a potential introduction of such measures?

There are no ongoing public discussions at Government level, or word-of-mouth reports from credible sources, that might for the time being give rise to an interpretation that a moratorium is likely to be introduced in Turkiye.

1.3 What is the name of the relevant legislation (the “Relevant Act”)?

1.4 What is the duration of the measures (period of moratorium)?

1.5 Does the legislation provide for an extension of the period of moratorium?

1.6 Is the moratorium mandatory, or can each borrower opt out should they wish to simply continue payments, or opt in if they want to be protected by the moratorium?

2. Parties and agreements affected by the Relevant Act

2.1 Is the moratorium available for both corporate and consumer loans?

2.2 Who are the affected Lenders?

2.3 Does it make a difference whether loans are granted by a foreign entity and governed by foreign law?

3. Impact on the loan agreements

3.1 Is there a cut-off date with respect to loan agreements to which the Relevant Act will apply (e.g. not applicable to loan agreements entered into after the cut-off date)?

3.2 Does the moratorium apply to principal only, or also to interest and/or fees?

3.3 Will the maturity of the loan automatically be extended by the moratorium period?

3.4 Are repayments and interest which have become due and payable under the contract before the Relevant Act has come into force covered by the moratorium?

3.5 Will lenders be able to terminate a loan due to an event of default other than non-payment (e.g. breach of financial covenants)?

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Döne Yalçın
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Istanbul
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Alaz Eker Undar