| The Law on the Central Bank of the Republic of Turkey |
| Law No.
1211 Date of Acceptance: January 14,
1970
PART ONE ESTABLISHMENT, FUNDAMENTAL DUTIES AND
POWERS, CAPITAL
Establishment
and Title
Article 1- (As amended by Law No. 3985
of April 21, 1994)
A bank,
under the name of the "Central Bank of the Republic of Turkey", is hereby
established in the form of a joint stock company with the exclusive
privilege of issuing banknotes in Turkey and is vested with the powers and
duties set forth in this Law.
The Bank
shall be subject to the provisions of private law in cases where the Law
is not explicit.
The
Central Bank of the Republic of Turkey is hereinafter referred to as the
"Bank" in this Law.
Head
Office and Branches
Article 2- (As amended by Law No.3098 of
December 6, 1984)
The head
office of the Bank is in Ankara.
The Bank
may, by Board decision, establish a banknote printing house and open
branches in cities within the country where deemed necessary. Similarly,
the Bank may maintain correspondent banking relationships both within the
country and abroad.
The Bank
shall convey its decisions in this regard to the Prime Ministry.
The Bank
may also establish representative offices in foreign countries by Board
decision and with the approval of the Prime
Ministry.
Memberships
and Participations
Article 3- The Bank may, by Board
decision, become a member of international finance, economic and
professional organizations in which central banks participate and may
participate in such organizations as a shareholder with the consent of the
Government.
Fundamental
Duties and Powers
Article 4- (As amended by Law No. 4651
of April 25, 2001)
The
primary objective of the Bank shall be to achieve and maintain price
stability. The Bank shall determine on its own discretion the monetary
policy that it shall implement and the monetary policy instruments that it
is going to use in order to achieve and maintain price
stability.
The Bank shall,
provided that it shall not be in confliction with the objective of
achieving and maintaining price stability, support the growth and
employment policies of the Government.
The fundamental
duties and powers of the Bank shall be as follows:
I-The fundamental
duties of the Bank shall be;
a) to carry out
open market operations,
b)
to take necessary measures in order to protect the domestic and
international value of Turkish Lira and to establish the exchange rate
policy in determining the parity of Turkish Lira against gold and foreign
currencies jointly with the Government; to execute transactions such as
spot and forward purchase and sale of foreign exchange and banknotes,
foreign exchange swaps and other derivatives transactions in order to
determine the value of Turkish Lira against other currencies,
c)
to determine the procedures and conditions of reserve requirements and
liquidity requirement by taking into consideration the liabilities of
banks and other financial institutions to be deemed appropriate by the
Bank,
d) to conduct
rediscount and advance transactions,
e) to manage the
gold and foreign exchange reserves of the country,
f)
to regulate the volume and circulation of Turkish Lira, to establish
payment, securities transfer and settlement systems and to set forth
regulations to ensure the uninterrupted operation and supervision of the
existing or future systems, to determine the methods and instruments
including electronic environment for payments,
g)
to take precautions for enhancing the stability in the financial system
and to take regulatory measures with respect to money and foreign exchange
markets,
h) to monitor the
financial markets,
i)
to determine the terms and types of deposits in banks and the terms of
participation funds in special finance houses,
II-
Fundamental powers of the Bank are as follows:
a)
The privilege of issuing banknotes in Turkey shall rest exclusively with
the Bank.
b)
The Bank shall determine the inflation target together with the Government
and shall in compliance with the said target adopt the monetary policy.
The Bank shall be the ultimate body authorized and responsible to
implement the monetary policy.
c)
The Bank shall, with the objective to achieve and maintain price
stability, be authorized to utilize monetary policy instruments described
in this Law and shall also be authorized to directly determine and
implement other monetary policy instruments that it deems
appropriate.
d)
The Bank shall, under extraordinary conditions and in cases when the
resources of the Fund are insufficient, be authorized to grant advance to
the Savings Deposits Insurance Fund in accordance with the procedures and
conditions that it shall determine.
e)
The Bank shall, as the lender of last resort, carry out the operations of
extending credits to banks,
f)
The Bank shall, in accordance with the procedures and conditions that it
shall determine, be authorized to request from banks, the interest rates
to be charged in credit operations and deposit –
taking.
g) The Bank shall,
in order to monitor financial markets, be authorized to request necessary
information and to gather statistical information from banks, other
financial institutions and from establishments and institutions authorized
to regulate and supervise the said institutions.
III- Main advisory
duties of the Bank are as follows:
a) The Bank shall
be the financial and economic advisor, the fiscal agent and the treasurer
of the Government. The relation of the Bank with the Government shall be
maintained through the Prime Minister.
b) The Bank shall
present its views to the Government, on the issues to be requested with
respect to financial system.
c) The Bank may
convey its opinions and observations regarding banks and other financial
institutions that it shall deem appropriate to the Prime Ministry and to
institutions authorized to regulate and supervise the said establishments
and institutions.
The Bank shall be
authorized and empowered to set forth and implement regulations pertaining
to the duties and powers entrusted to it by this Law and legislation, and
shall be authorized and empowered to supervise the compliance with these
regulations and the accuracy of the information submitted at these
establishments and institutions subject to the said
regulations.
The Bank shall
enjoy absolute autonomy in exercising the powers and carrying out the
duties granted by this Law under its own
responsibility.
The Bank shall
participate to the bankrupt’s estate as a privileged creditor for the
amount of its claims and the interest pertaining to them, in the event of
bankruptcy of the bank, person or institution with whom the Bank undergoes
a transaction during the course of implementing monetary policy
instruments.
Actions for damages caused by
the personnel of the Bank during the performance of their duties shall
only be filed against the Bank. The right of recourse of the Bank shall be
reserved.
Capital
and Shares of the Bank
Article 5- The capital of the Bank shall
be TL 25,000,000.- and shall be divided into 250,000 shares, each with a
value of TL 100.-. The capital may be increased with the approval of the
Government. The nominal values of the shares shall be TL 100.-, 200.-,
500.-, 1,000.-, 5,000.- and 10,000.-.*
Type
of Shares
Article 6- The shares of the Bank shall
be registered.
Classes
of Shares
Article 7- The shares shall be divided
into (A), (B), (C) and (D) classes.
Class
(A) Shares
Article 8- Each class (A) share shall
consist of at least 100 shares. The shares in this class shall belong
solely to the Treasury and shall not constitute less than fifty one
percent of the capital.
Class
(B) Shares
Article 9- Class (B) shares shall be
allocated to national banks operating in Turkey.
Class
(C) Shares
Article 10- A maximum of 15,000 shares
shall be allocated as class (C) shares to banks other than the national
banks and to companies possessing certain
privileges.
Class
(D) Shares
Article 11- Class (D) shares shall be
allocated to Turkish commercial institutions and to legal and real persons
of Turkish nationality.
Change
in the Classes of Shares
Article 12- The Bank shall immediately
respond to requests for the conversion of shares from one class to the
other. No commission shall be charged for the conversion of shares from
one class to the other.
The
number of class (C) shares shall in no event exceed the amount set forth
by this Law.
PART
TWO
ORGANIZATION
AND GOVERNING
BODIES
OF THE BANK
Organization
Article 13- (As amended by Law No.4651
of April 25, 2001)
Governing bodies of
the Bank shall be as follows:
a) General
Assembly,
b)
Board,
c) Monetary Policy
Committee,
d) Auditing
Committee,
e) Office of the
Governor,
f) Executive
Committee.
CHAPTER
I
The
General Assembly
Right to Vote
Article 14- The General Assembly of the
Bank shall be composed of the shareholders who are registered in the share
book of the Bank. The General Assembly shall convene each year on a date
indicated by the Articles of Association of the Bank. Each person owning
ten shares or representing this number of shares shall be entitled to one
vote.
Duties
and Powers of the General Assembly
Article 15- The General Assembly shall
have the following duties and powers:
1. to
examine the annual report submitted by the Board and the report of the
Auditing Committee;
2. to
examine and approve the balance sheet and the income statements of the
Bank;
3. to
release the members of the Board and the Auditing
Committee;
4. to
increase the capital;
5. to
amend the Articles of Association of the Bank;
6. to
render a decision concerning the liquidation of the
Bank.
Articles
of Association of the Bank and Liquidation
Article 16- a) The Articles of
Association of the Bank shall become effective upon the approval of the
General Assembly and by a decree of the Council of Ministers. Amendments
to be made in the Articles of Association of the Bank shall also be
subject to this provision.
b)
Decisions to be taken for the liquidation of the Bank before the end of
the period set forth in Article 1 shall be valid upon the approval of the
Council of Ministers provided that all of the commitments assumed by the
Bank under this Law are fully performed.
A two
thirds majority shall be required in the General Assembly to amend the
Articles of Association of the Bank and to decide on its liquidation
as well.
Chairmanship
of the General Assembly
Article 17- The Governor shall chair the
General Assembly.
Representation
Article 18- Those who are not
shareholders may not represent more than one vote by proxy at the General
Assembly.
CHAPTER
II
The
Board and the Monetary Policy Committee
(As
amended by Law No.4651 of April 25, 2001)
Composition
Article 19- The Board shall be composed
of the Governor and six members to be elected by the General
Assembly.
The
duties of the members may not be reconcilable with any other duty outside
the Bank whether of a legislative, official or private nature unless
otherwise permitted by a special law. Furthermore, these members shall not
be allowed to engage in trade, nor shall they become shareholders of banks
or companies. Duties in charitable associations and in foundations with
charitable, social and educational purposes and partnership in
non-profit-making cooperative companies are excluded from this
provision.
Members
of the Board shall be required to have received a higher education and to
have acquired knowledge and experience in banking or in the fields of
economics and finance.
The
Governor shall be the Chairman of the Board.
Salaries
and remuneration of the Board members shall be determined by the Council
of Ministers. Travel expenditures to be incurred to attend Board meetings
by those members residing elsewhere other than the city where the Head
Office is located shall be covered by the Bank.
Term
of Office
Article 20- The term of office of Board
members shall be three years.
One third
of Board members shall be renewed each year. Members who are to leave the
Board at the end of the first and second years shall be designated by
drawing names.
Members
whose terms of office have terminated may be
reelected.
Meetings,
Decisions and Withdrawal from Voting
Article 21- Members of the Board shall
neither participate in discussions nor cast votes on credit issues
concerning themselves or persons with whom they have a link of interest or
kinship in the degrees stated in sub-paragraph 3 of Article 245 of the
Code of Civil Procedure.
Board
meetings shall be held in Ankara. When necessary, the meetings may also be
held elsewhere. The meetings shall be held at least once a month upon a
call issued by the Governor. The agenda shall be drawn up by the Office of
the Governor. Items brought forth by members that are not drafted in the
agenda, shall be included therein and discussed at the same meeting if
also supported by the Governor. Otherwise, a decision may be taken to
include them in the agenda of the next meeting.
The Board
shall convene with the participation of at least two thirds of the members
and render a decision by the majority of the members present. In the event
of a tie, the proposal of the party supported by the Governor shall be
considered adopted.
Vice
Governors may attend Board meetings but shall not have the right to
vote.
Duties
and Powers of the Board
Article 22- (As amended by Law No. 4651
of April 25, 2001)
The duties and
powers of the Board shall be as follows:
a) to take
decisions concerning monetary policy that may be implemented and monetary
policy instruments which may be utilized in compliance with the monetary
policy strategy and inflation target,
b) to set forth
regulations and to take decisions for, the replacement of banknotes in
circulation, as well as their withdrawal from circulation and their
destruction,
c) to establish the
procedures and conditions and to enact necessary regulations regarding
open market operations, foreign exchange operations, rediscount and
advance operations as well as rediscount and advance interest rates,
reserve requirements and liquidity requirement, other monetary policy
operations and instruments, management of gold and foreign exchange
reserves of the country,
d) to take
decisions pertaining to the issues stipulated in paragraphs (I) and (III)
of Article 40,
e) to take
decisions for the establishment of payment, securities transfer and
settlement systems on conditions that shall promote their soundness and
effectiveness, to determine the procedures and conditions of payment
methods and instruments, to draw up regulations regarding the surveillance
and supervision of clearing houses,
f) to determine the
procedures and conditions in requesting information, evaluating risks and
collecting statistics,
g) to enact
regulations and to render decisions pertaining, to the establishment of
branches, representative offices, bureaux and the appointment of
correspondents and, to Banknote Printing House,
h) to decide on
issues concerning provisions and reserves and to determine the procedures
and conditions regarding the transfer of the balance to the Treasury,
remaining after the allocation of profit,
i)
to prepare the budget, annual report, balance sheet, income statements and
the agenda of the General Assembly of the Bank,
j) to submit
proposals to the General Assembly for amending the Articles of Association
of the Bank and increasing the capital,
k) to approve the
regulations on the administration, organization, services and personnel of
the Bank,
l) to take
decisions on the purchase or acquisition of real property needed by the
Bank, as well as on the sale, donation and barter and other transactions
when necessary, of real property owned by the Bank,
m) to decide on
donation, amicable settlement, release, waiver and cancellation of the
amounts and values which are not within the scope of powers that it shall
delegate to other governing bodies of the Bank,
n) to approve the
annual cadres of the Bank’s personnel,
o) to take decisions and set
forth regulations on issues submitted by the Office of the Governor for
examination and approval, apart from the ones subject to the approval of
the Monetary Policy Committee pursuant to this Law.
The
Monetary Policy Committee
Article 22/A- (Annexed by Law No.4651 of
April 25, 2001)
The Monetary Policy
Committee shall, under the chairmanship of the Governor, be composed of
Vice Governors, a member to be elected by and from among the Board members
and a member to be appointed by a joint decree on the recommendation of
the Governor. The Undersecretary of the Treasury or Deputy Undersecretary
to be designated by him/her may participate to the meetings without the
right to vote. Monetary Policy Committee membership shall terminate when
the term of office of the Governor, Vice Governor and the Board member
comes to an end.
The member to be
appointed by a joint decree shall be required to have, studies in monetary
policy matters and an academic degree in one of the fields of economics,
business administration, banking and finance, and shall have worked in
his/her field for at least ten years and shall be required to have
adequate experience and knowledge. The term of office of this member shall
be five years.
The prohibitions
stipulated in Article 19 shall also be applicable to the appointed member.
However, academic posts in universities shall not be in the scope of this
provision. The appointed member shall have the same financial and social
rights as the Board members.
The second and
third paragraphs of Article 21 shall also be applicable to the Monetary
Policy Committee meetings.
The Monetary Policy
Committee shall have the following duties and
powers:
a) to determine the principles and
strategy of monetary policy in order to achieve and maintain price
stability,
b) to determine the inflation target
together with the Government within the framework of the monetary policy
strategy,
c) to provide information to the
public in line with the principles set forth, and provide information to
the Government within specified periods by preparing reports regarding
monetary policy targets and its implementations,
d) to take
necessary measures in order to protect the domestic and international
value of Turkish Lira and to establish the exchange rate policy in
determining the parity of Turkish Lira against gold and foreign currencies
jointly with the Government.
The Monetary Policy
Committee shall set forth, which decisions shall be published, together
with the procedure of publishing. The issues required to be announced by
the Monetary Policy Committee shall be published without delay in the
Official Gazette.
The Monetary Policy
Committee decisions shall be executed by the Governor and shall be
furnished to the Board.
CHAPTER
III
The
Auditing Committee
Composition,
Term of Office and Qualifications
Article 23- Members of the Auditing
Committee shall be elected as follows:
1. One
member by shareholders of
class (A),
2. Two
members by shareholders of classes (B) and (C),
3. One
member by shareholders of class (D).
Each
share within the classes shall be entitled to one
vote.
Members
of the Auditing Committee shall serve for a term of two
years.
Members
of the Auditing Committee shall be required to have received a higher
education and to have acquired knowledge and experience in the fields of
banking and accounting.
Duties
and Prohibitions
Article 24- (As amended by Law No.3098
of December 6, 1984)
The
Auditing Committee shall supervise all the operations and accounts of the
Bank. The Office of the Governor shall be obliged to furnish all the
information and documents requested by the Auditing Committee. The
Auditing Committee, having no administrative power, shall submit its
opinions in writing to the Board and shall also present a copy thereof to
the Prime Ministry. The Committee shall submit to the General Assembly a
report to be drawn up on the operations and accounts of the Bank as at the
end of the year.
Members
of the Auditing Committee may not share in the profits of the
Bank.
Remuneration
of the Auditing Committee members shall be determined by the Council of
Ministers. Travel expenditures to be incurred by those members residing
elsewhere other than the city where the Head Office is located shall be
covered by the Bank.
CHAPTER
IV
The
Office of the Governor
(A)
Governor
Appointment,
Qualifications and Term of Office
Article 25- (As amended by Law No. 3670
of October 25, 1990)
The
Governor shall be appointed for a term of five years by a decree of the
Council of Ministers. The Governor may be reappointed at the expiration of
this term.
The
Governor shall be required to have received a higher education and to have
acquired knowledge and experience in the fields of finance, economics and
banking.
Duties,
Representation and Powers
Article 26- (As amended by Law No.3098 of
December 6, 1984)
The
Governor shall, in the capacity of the highest executive officer,
administer and represent the Bank within the country and
abroad.
The
Governor shall be entrusted with the following
powers:
1. to
ensure the enforcement of the provisions of this Law and the decisions
taken by the Board.
2. to
take appropriate measures in order to carry out the duties with which the
Bank is entrusted by this Law, and to make proposals to the Board on such
measures whenever the Governor shall deem necessary.
The
Governor may, in the case of his/her dissent from the decisions of the
Board, postpone the execution of any decision and may demand it be
reconsidered at the next meeting. In urgent circumstances, the Board shall
convene upon the call of the Governor and reconsider the issue in dispute.
In the event of a disagreement between the Governor and the Board, the
Prime Ministry shall act as an arbitrator.
Prohibitions
Article 27- The duties of the Governor
may not be reconcilable with any other duty outside the Bank whether of a
legislative, official or private nature unless otherwise permitted by a
special law. Furthermore, the Governor shall not be allowed to engage in
trade, nor shall he become a shareholder in banks or companies. Duties in
charitable associations and in foundations with charitable, social or
educational purposes and partnership in non-profit-making cooperative
companies are excluded from this provision.
It shall
not be considered a violation of the provisions of the first paragraph if
the Governor assumes duties at inter-ministerial committee meetings held
at the level of ministers and undersecretaries.
Temporary
Absence and Discharge
Article 28- In the temporary absence of
the Governor, the Vice Governor designated by him/her, shall act on
his/her behalf during this period.
The
Governor may be excused from office through the same procedure applied for
his/her appointment, only in cases in which the prohibitions stated in
Article 27 are violated and in which there is no longer any possibility
for him/her to perform the duties entrusted by this
Law.
In case
of vacancy in the Governor's post, the Board shall convene under the
chairmanship of the most senior member and one of the Vice Governors to be
elected as acting Governor shall perform the duties and exercise the
powers of the Governor.
(B)
Vice Governors
Qualifications,
Appointment, Duties and Prohibitions
Article 29- (As amended by Law No.4651
of April 25, 2001)
Four Vice Governors shall be appointed to assist the Governor. Vice
Governors shall be appointed by a joint decree for a period of five years
on
the
recommendation of the Governor from among persons who have received a
bachelors or a masters degree and acquired adequate knowledge and
experience in one of the fields of law, finance, economics, business
administration and banking and have worked in their professions for at
least ten years. Vice Governors may be reappointed at the expiration of
this term. First paragraph of Article 27 and second paragraph of Article
28 shall also be applicable to Vice Governors.
CHAPTER
V
The
Executive Committee
Composition,
Duties
Article 30- The Executive Committee
shall be composed of the Vice Governors under the chairmanship of the
Governor. In cases in which the Governor is unable to chair, the Vice
Governor designated by him/her shall preside over the Executive
Committee.
The
duties of the Executive Committee shall be as
follows:
1. to
prepare proposals to be submitted to the Board, by examining in advance
the issues subject to Board decision, when deemed appropriate by the
Governor;
2. to
draw up regulations on the administration, organization and services of
the Bank;
3. to
render decisions on issues made subject to the decision of the Executive
Committee by regulation;
4. to
ensure coordination in the operations of the Bank;
5. to
perform such duties related to appointment, salary, dismissal and
retirement of the personnel other than those appointed by the
Board.
Decisions
of the Executive Committee shall be taken by a majority of all the
members. In the event of a tie, the proposal supported by the Governor
shall be considered adopted.
CHAPTER
VI
Organization
of Branches
Composition,
Duties
Article 31- The organization and duties
of the Bank's Head Office and Branches and the Banknote Printing House, as
well as the composition and duties of the Executive Committees of the
Branches and Banknote Printing House shall be determined by
regulations.
PART
THREE
PROVISIONS
FOR BANK PERSONNEL
Status
of the Personnel
Article 32- The Bank personnel shall
consist of the Bank employees as well as the workers of the Banknote
Printing House.
The term
"Bank employee" shall refer to those persons appointed to perform
continuously the main duties that the services of the Bank
require.
Provisions
of Law No. 624 on the Unions of Civil Servants shall apply to the unions
which Bank employees have already established or shall establish. The
prohibition imposed by Article 20 of Law No. 275 of July 15, 1963 shall
also apply to the services of the Bank.
The Bank
personnel shall be subject to the provisions of this Law and of the
regulation to be set forth by the Board.
Native
and foreign experts may be employed on a contractual basis by a decision
of the Board.
Remuneration
Policy
Article 33- The salaries and the
representation allowances of the Governor and Vice Governors of the Bank
shall be determined by the Council of Ministers.
The Board
shall determine any additional remuneration to be paid to the Chairman and
Members of the Executive Committee and to the Chairmen and Members of the
Executive Committees of the Branches and of the Banknote Printing House
for their duties, provided that the amount may not exceed two-thirds of
their salaries.
Salaries
of other employees shall be fixed by the Board and by the Head Office
Executive Committee empowered to appoint them by taking into consideration
the above-mentioned salaries. The principles to be observed in this
regard, as well as for the payments for business trips of the employees
and all other issues shall be specified in the regulation referred to in
Article 32.
Retirement
of Personnel
Article 34- The provisions of Law No.
5434 shall apply to the personnel of the Bank and to those who shall be
elected to the Board from posts whereby retirement benefits are provided,
with the exclusion of the workers of the Banknote Printing
House.
The
retirement contributions of those employed at the Bank on the effective
date of this Law shall be deducted from salaries fixed by Law No. 5434 as
a basis for these contributions. The provision of the second sub-paragraph
of paragraph (B) of Article 15 of the same Law shall apply to such
personnel with respect to their monthly pay increases. Provisions of the
same Law shall also apply to personnel employed on a contractual basis,
whose previous posts are subject to retirement
benefits.
Salaries
of such appointed personnel who are subject to retirement contributions
after the effective date of this Law, shall be determined in accordance
with the provisions of paragraph (B) of Article 15 of Law No.
5434.
(As
amended by Decree-Law 562 of July 25, 1995) In connection with retirement,
"supplementary salary indicator" and "senior post allowance" determined
for the Undersecretaries and Deputy Undersecretaries of the Ministries
shall apply to the Governor and Vice Governors respectively; and the
"senior post allowances" shall apply to other personnel considering the
duties they perform, which is determined for similar duties as specified
in the ranks they may enter according to the Law on Civil Servants. The
term of office of the posts shall be considered as being executed in the
duties subject to senior post allowance pursuant to Supplementary Article
68 of the Law on Pension Fund No. 5434.
Secrecy
and Responsibility
Article 35- Personnel of the Bank shall
be obliged to observe the secrecy of matters pertaining to the Bank or to
persons and institutions dealing with the Bank which they acquire within
their official capacities and due to their positions, as well as not to
disclose these secrets, in any manner whatsoever, to those other than the
authorities entitled by law.
This
obligation shall continue to be binding even after they leave the
Bank.
Personnel
of the Bank shall be subject to the provisions on tort in the Code of
Obligations for the damages they cause to the Bank in connection with
their duties.
PART
FOUR
DUTIES
AND POWERS OF THE BANK
CHAPTER
I
Issuance
of Banknotes
Issuance
of Banknotes and Obligatory Circulation
Article 36- a) The circulation of
banknotes already issued and to be issued by the Bank shall be compulsory
and they shall have unlimited capacity of payment.
b) (As amended by
Law No.4651 of April 25, 2001) The Bank shall also have the power to issue
banknotes in connection with the operations stipulated in Articles 45, 52
and 53.
Replacement
of Banknotes
Article 37- (As amended by Law No.3098
of December 6, 1984)
a) The
Bank may replace the banknotes in circulation with new issues, when deemed
necessary.
The old
banknotes withdrawn from circulation shall fall into statute of limitation
after ten years beginning from the date the replacement process
commences.
The date
on which the replacement process shall commence as well as the duration of
the compulsory circulation of old banknotes within the statute of
limitation of ten years shall be determined by the Board and be published
in the Official Gazette.
b) Based
on the principles to be determined by the Prime Ministry and the Bank and
in accordance with the "Gabarit " (quadrant scales method) as set forth by
regulation, old and worn out banknotes shall be replaced with the
banknotes kept in reserve.
c)
Principles related to the cancellation and destruction of banknotes
withdrawn from circulation, and banknotes replaced due to becoming old,
worn out or mutilated shall be specified by
regulation.
Coins
Article 38- (Repealed by Law No. 1264 of
May 28, 1970)
CHAPTER
II
Duties
and Powers pertaining to the Protection of
the
Stability
of the Turkish Currency
Matters
to be Announced
Article 39- (As amended by Law No. 3098
of December 6, 1984)
The Bank
shall announce the rates of rediscount, discount and interest applicable
to its operations and the conditions of the open market policy to be
determined by the Board from time to time.
The
buying and selling prices of gold and foreign exchange, to be determined
by the Board in accordance with Article 4, as well as the decisions to be
taken in conformity with sub-paragraphs (3) and (5) of Article 22 shall be
published in the Official Gazette.
Duties
and Powers of the Bank in Money and Credit
Issues
Article 40- (As amended by Law No.5411
of October 19, 2005)
I-a) The
Bank may, as the lender of last resort, provide daily or end-of-day credit
facilities to the system against collateral so as to eliminate the
technical payment problems which may obstruct the efficient functioning of
the financial markets, and the temporary liquidity shortages that may
cause interruption in the payment system.
b)
(Repealed by Law No.5411 of October 19, 2005)
c)
The Bank may extend credits to the banks that are the subject of
uncertainty and lack of confidence in the event of acceleration of fund
withdrawals and uncertainty and lack of confidence in the banking system,
in the amount to cover the withdrawal of funds, the conditions of which
shall be determined by the Bank. In the event of bankruptcy of banks to
which the Bank extends credit in accordance with this provision, the Bank
shall participate to the bankrupt’s estate as a privileged creditor for
the amount of the credit extended and the interest pertaining to
it.
II-
Banks and other financial institutions to be deemed appropriate including
those issuing electronic payment instruments, shall, by taking into
consideration their liabilities, maintain reserve requirements in cash, at
the accounts to be opened with the Bank. The procedures and principles of
implementation pertaining to the scope of liabilities subject to reserve
requirements, the ratio of reserve requirements, their establishment
period and interest rate to be applied to those requirements when
necessary, including the transactions to be executed in extraordinary
withdrawals from deposit and participation funds and in mergers,
acquisitions and divisions shall be determined by the Bank.
The
Bank shall determine the quality and the ratio of the liquidity
requirement to be maintained by the above-mentioned institutions against
their undertakings when necessary.
The
reserve requirements, which might be required to be blocked at the Bank
accounts in accordance with the regulations to be issued by the Bank,
shall be kept at blocked accounts and shall not be utilized to finance any
purpose or issue, shall not be assigned or attached.
Where
reserve requirements and liquidity requirements are not established within
the specified period or established deficiently, the Bank shall be
authorized to either request interest-free deposit accounts to be kept at
the Bank or impose penalty interest for the deficient portion in
accordance with the procedures and principles to be determined thereof.
The accrued penalty interest claims shall be collected in accordance with
Law No.6183 on the Procedure of Collection of Public Claims. The default
interest so collected shall be registered as revenue to the Savings
Deposits Insurance Fund.
III- a) Banks shall
provide information to the Bank on interest rates to be charged in credit
operations and deposit-taking in accordance with the principles to be
determined, within the framework of the powers delegated to the Bank by
legislation for the execution of the fundamental powers and duties of the
Bank.
b) The Bank shall determine
the terms and types of deposits in banks and the terms of participation
funds in special finance houses.
CHAPTER
III
Relations
Between the Bank and the Government
and
Relevant Duties
Acting
as Financial and Economic Advisor, Fiscal Agent and
Treasurer
Article 41- (As amended by Law No. 3291
of May 28, 1986)
I- As
financial and economic advisor:
The Bank
shall be the financial and economic consultative body of the Government.
In this capacity, the Bank shall submit opinions concerning money and
credit policy which are requested by the Government.
The Bank
shall be represented in the negotiations of financial and trade agreements
to be conducted with foreign countries.
II- As
fiscal agent:
The Bank
may be assigned as the fiscal agent for the Government in the
international financial and economic relations of the
State.
The Bank
may be entrusted with the duties of carrying out the financial servicing
of the government paper, with the exchange controls and the implementation
of foreign trade policy or with similar operations in accordance with
special laws or decisions based thereon. The Bank may not be held liable
by third persons for the operations it shall perform in this
capacity.
III- As
treasurer:
The Bank
shall be the treasurer of the Government. In this capacity, the Bank
shall, in particular, execute free of charge collections and disbursements
and all the Treasury operations both within the country and abroad, as
well as domestic and foreign money transfers and remittances of all types
on behalf of the State.
Funds of
the Treasury and the annexed-budget administrations, and of local
administrations and municipalities must be deposited with the Bank where
the Bank is present or with its correspondent banks where it is not
present.
The Bank
shall pay no interest on such deposits.
Special
Audit and Disclosure to Public
Article 42- (As
amended by Law No. 4651 of April 25, 2001)
The Prime Minister
may have the operations and accounts of the Bank audited. The Prime
Ministry may request any information in this regard from the
Bank.
The Bank may have
the balance sheet and the income statements audited by independent
external auditing institutions.
The Governor shall
submit a report to the Council of Ministers on the operations of the Bank
and the monetary policy followed and to be followed, each year in April
and October. The Bank shall furnish information regarding its operations
to the Planning and Budget Commission of the Grand National Assembly of
Turkey twice a year.
The Bank shall
prepare periodical reports concerning monetary policy targets and
implementations and disclose these information to public. The periods of
the reports to be prepared, their scope and disclosure procedure shall be
determined by the Bank. The Bank shall submit information to the
Government in writing and inform the public disclosing the reasons of
incapability to achieve the determined targets in due time published or
the occurrence of the possibility of not achieving and the measures to be
taken thereof.
CHAPTER
IV
Request
for Information and the
Centralization
of Risks
Authority
to Request Information,
Balance
Sheets and the Reports of Banks
Article 43- (As amended by Law No. 4651
of April 25, 2001)
All banks, special finance
houses, and other financial institutions deemed appropriate by the Bank,
operating in Turkey shall be required to submit their annual balance
sheets and income statements along with the reports of their boards of
directors and auditors to the Bank, at the latest within one month, after
their general assembly meetings and the reports of independent auditing
institutions after the date of preparation.
The Bank shall be
authorized to request, in accordance with the procedures and conditions it
determines, all kinds of information and documents from the establishments
and institutions cited in the first paragraph in order to be able to
perform the duties assigned by this Law and other legislation in force.
The establishments and institutions indicated in the first paragraph shall
be required to submit the information requested within the period
determined by the Bank. The Bank may when necessary suspend or restrict
the operations authorized by this Law, of the establishments and
institutions cited in the first paragraph, who fail to provide the
required information accurately and in time to the
Bank.
The Bank, within
the scope of its authority, may request information from establishments
and institutions authorized to regulate and supervise the establishments
and institutions referred to in the first paragraph. The Bank may, when
necessary, convey its opinions and observations regarding the
establishments and institutions referred to in the first paragraph, to the
Prime Ministry, Banking Regulation and Auditing Institution and to other
establishments and institutions authorized to regulate and supervise the
said.
The Bank may, in
collecting statistics, cooperate with public establishments and
institutions, Undersecretariat of Treasury, State Statistics Institution
and authorities of foreign countries entitled to collect statistical
information and with international institutions. The Bank shall be
authorized to directly request and collect, all statistical information
relating to financial system and other statistical information that shall
be deemed necessary for the surveillance of developments in the economy
and the balance of payments, from banks, other financial institutions and
persons. The aforesaid persons shall be obliged to submit these
information accurately within the period and form to be determined by the
Bank. The Bank shall be authorized to investigate and supervise the
accuracy of these information at the concerned parties, and to request
additional information and documents.
The Bank may publish the
statistical information that it deems necessary. However, the Bank shall
not publish, disclose or submit the statistical information having a
private and personal nature to an official authority or private body other
than the Banking Regulation and Auditing Institution. These information
shall not be used for purposes other than statistics and shall not be
considered as evidence.
Centralization
of Risks
Article 44- (As amended by Law No.5411
of October 19, 2005)
The Bank shall
establish a Risk Center in order to centralize and share information with
the Banking Regulation and Supervision Agency and related institutions on
the risks of the customers of the savings deposits banks, contribution
banks, development and investment banks, financial holding companies,
financial leasing companies, factoring companies, financing companies and
other financial institutions operating in Turkey which shall be determined
by the Bank and the Banking Regulation and Supervision Agency.
The institutions
mentioned above shall be obliged to submit all the requested information
on the risks of their customers, including the notices of protests issued
vis-a-vis the banks, in accordance with the form and context to be
specified. All operations and records of the Risk Center shall be
confidential.
The procedures and
principles pertaining to the form and context, collection and sharing of
the information to be provided by the Risk Center and other issues, shall
be determined by the Bank in consultation with the Banking Regulation and
Supervision Agency.
PART
FIVE
OPERATIONS
TO BE PERFORMED BY THE BANK
CHAPTER
I
Operations
with Credit Institutions
Acceptance
of Bills and Documents for Rediscount and
Advance
Article 45- (As amended by Law No.4651
of April 25, 2001)
The Bank may,
within the scope of principles to be determined by it, accept commercial
bills and documents to be presented by banks for rediscount, provided that
they bear at least three signatures of solvent persons and have a maximum
of 120 days for their maturity. The types of commercial bills to be
accepted for rediscount and other conditions shall be stipulated by the
Bank. The maximum amount of loans to be extended in accordance with this
article and their limits pursuant to credit types shall be determined by
the Bank by taking monetary policy principles into
consideration.
The Bank may also grant
advances against the bills that it may accept for rediscount.
Medium
Term Rediscounts and Advances
Article 46- (Repealed by Law No.4651 of
April 25, 2001)
Maximum
Amount of Bills Eligible for Rediscount or
Advances
Article 47- (Repealed by Law No.4651 of
April 25, 2001)
Advance
against Bonds
Article 48- (Repealed by Law No.4651 of
April 25, 2001)
The
Discount Committees of the Head Office and of the
Branches
Article 49- (Repealed by Law No.4651 of
April 25, 2001)
CHAPTER
II
Operations
with the Treasury and
Public
Institutions
Short-Term
Advances to the Treasury
Article 50- (Repealed by Law No.4651 of
April 25, 2001)
Credit
to Public Institutions
Article 51- (Repealed by Law No.4651 of
April 25, 2001)
CHAPTER
III
Open
Market Operations
Article 52- (As amended by Law No. 4651
of April 25, 2001)
The Bank may, with
an aim to effectively regulate the money supply and liquidity in the
economy within the framework of monetary policy targets, conduct open
market operations against Turkish Lira such as outright purchase and sale
of securities, repurchase and reverse repurchase, lending and borrowing
securities and lending and borrowing of Turkish Lira deposits, and act as
an intermediary in these operations. The open market operations to be
carried out by the Bank and their procedures and conditions, and the
instruments bearing high liquidity and low risk levels which shall be
subject to open market operations shall be determined by the
Bank.
The Bank, in the
scope of open market operations, may issue liquidity bills whose maturity
shall not exceed 91 days and that shall be tradable in the secondary
markets, for its own account and behalf. However, the matters such as the
prevention of the liquidity bills from being a permanent alternative
investment tool, and the limitation of the issuance of the said bills so
as merely to promote the effectiveness of open market operations shall be
taken into consideration. The agreement period of repurchase, reverse
repurchase and Turkish Lira deposit transactions of the Bank shall not
exceed 91 days; the initiation of the period shall be the value date of
the transactions.
The Bank shall be
authorized to designate establishments and institutions subject to the
operations described in this article, from among banks and intermediary
institutions specified in Law No.2499 on Capital Markets, by taking the
nature of the operation into consideration.
Open market operations shall
be conducted only for monetary policy purposes and shall not be conducted
to provide credit to the Treasury, to public establishments and
institutions, or to other establishments and institutions.
CHAPTER
IV
Operations
on Gold and Foreign Exchange
Article 53- (As amended by Law No.4651
of April 25, 2001)
a) The Bank may,
within the framework of its monetary policy to determine the value of
Turkish Lira against other currencies, execute transactions such as spot
and forward purchase and sale of foreign exchange and banknotes, foreign
exchange swaps and other derivatives transactions.
b) The Bank shall
manage the gold and foreign exchange reserves of the country consistent
with the monetary policy targets and practices. The Bank may, with this
objective and in compliance with the terms and conditions to be determined
by it, perform all kinds of banking activities in the domestic and
international markets covering spot or forward purchase and sale of gold,
foreign exchange, securities and derivatives products, as well as lending
and borrowing operations, by taking into consideration the security,
liquidity and return priorities respectively.
Loan
Limits
Article 54- (Repealed by Law No.4651 of
April 25, 2001)
CHAPTER
V
Other
Operations
Article 55- The Bank may perform banking
operations and services to be determined by the
Board.
The Bank
shall supervise the operations of interbank clearing houses which already
exist or which shall be established in the future in places where the
branch offices are located.
PART
SIX
Operations
Prohibited for the Bank
Article 56- (As amended by Law No. 4651
of April 25, 2001)
The Bank shall not,
grant advance and extend credit to the Treasury and to public
establishments and institutions, and shall not purchase debt instruments
issued by the Treasury and public establishments and institutions in the
primary market.
The Bank shall not
extend credits and grant advances except for the operations authorized by
this Law, and the credit to be extended and the advance to be granted
shall not be unsecured or without cover, and in any manner whatsoever the
Bank shall not, be a guarantor or provide security other than its own
direct transactions.
PART
SEVEN
ACCOUNTS
AND BALANCE SHEET OF THE BANK,
BULLETIN,
EXCEPTIONS, EXEMPTIONS AND MISCELLANEOUS
PROVISIONS
CHAPTER
I
Accounts
of the Bank and Accounting Period for its Balance
Sheet
Article 57- The accounting period of the
Bank shall be the calendar year.
Balance
Sheet and Report
Article 58- (As amended by Law No. 3098
of December 6, 1984)
The Bank
shall, prior to the meeting of the General Assembly, submit to the Prime
Ministry the balance sheet and the income statement along with the annual
report to be prepared as of the end of each calendar year and shall have
the balance sheet published in the Official Gazette.
Provisions
and Special Reserves
Article 59- Provisions, in the amounts
deemed appropriate by the Board, may be set aside from the gross annual
profit of the Bank in order to meet contingent risks which may occur in
the following years due to the operations exclusive to the
Bank.
Banknotes
whose statute of limitation have expired as well as the differences
arising from replacement in accordance with paragraph (b) of Article 37
shall be included in special reserves.
Allocation
of Profit
Article 60- The annual net profit of the
Bank shall be allocated in the following order:
a) 20
percent to the reserve fund;
b) 6
percent of the nominal value of its share capital to the shareholders as
the first dividend;
c) a
maximum of 5 percent of the remaining amount to the Bank personnel in an
amount not to exceed the sum of two months' of their salaries; and 10
percent to the extraordinary reserve fund; after deducting the
above-stated percentages;
d) a
second dividend to the shareholders in the ratio of a maximum of 6 percent
of the nominal value of its share capital by a decision of the General
Assembly.
The
balance shall be transferred to the Treasury after this
allocation.
Revaluation
Differences
Article 61- (As amended by Law No. 4651
of April 25, 2001)
The unrealized
valuation gains and losses, arising from the revaluation of gold and
foreign exchange due to a change in the value of the Turkish currency,
shall be monitored in a temporary account. In the event that these
valuation gains and losses are realized, the realized amounts shall be
transferred to the income statement, and then shall be subject to
distribution from this account.
Liquidation
Article 62- In the event of liquidation
of the Bank, the principles applicable to liquidation shall be determined
in a law. The values of the shares shall be paid out with first priority
from the net assets to be obtained as a result of liquidation. Following
the payment of the shares at par, 80 percent of the remaining amount shall
be transferred to the Government and 20 percent shall be distributed to
the shareholders.
CHAPTER
II
Bank
Bulletin
Article 63- The Bank shall issue a
bulletin announcing a brief statement of accounts as of the end of each
week and shall also publish it in the Official
Gazette.
The
Bulletin shall contain the cash balance of the Bank, its gold assets and
foreign exchange positions, the aggregate of the domestic bills payable,
the Bank's deposits held in foreign countries, and other claims on one
side; and the capital of the Bank, its reserves, the amount of banknotes
in circulation, the deposits with the Bank, and other debts on the other
side; as well as the current rediscount, discount and interest rates
applicable to the Bank's operations.
This
bulletin shall be forwarded to foreign central banks and the institutions
which are deemed appropriate.
CHAPTER
III
Exemptions,
Exceptions and
Miscellaneous
Provisions
Exemption
from Taxes, Duties and Charges
Article 64- The capital of the Bank, its
reserves, profits accrued in respect of class (A) shares as well as gold
bullion or gold coins to be imported by the Bank; the imports to be
effected for the Banknote Printing House and the installations thereof
shall be exempt from all kinds of taxes, duties and charges.*
The Bank
shall be exempt from stamp duty as well as from duties and charges of any
kind to be paid in connection with all the documents, announcements and
other similar items associated with its own banking
operations.
Tariffs
Applicable to the Transportation of
Valuables
Article 65- Weight-based freight tariffs
shall apply to the transportation of all kinds of gold coins, gold bullion
and Turkish Lira banknotes, as well as bonds, bills and foreign banknotes
belonging to the Bank by means of Türk Hava Yolları A.O., Türkiye
Cumhuriyeti Devlet Demir Yolları İşletmesi, Denizcilik Bankası T.A.O. and
D.B. Deniz Nakliyatı T.A.Ş..
Nature
of the Books and Records of the Bank
Article 66- All kinds of documents,
records, books and bills of the Bank and the statements of account based
thereupon shall be considered official documents.
Domicile
of the Debtor
Article 67- The address given by the
debtors or by their guarantors during the conduct of a transaction with
the Bank shall be considered their legal domicile. Subsequent changes
shall not alter the jurisdiction of the court or its enforcement
power.
Penal Provisions
Article 68- (As amended by Law No. 5728 of January 23, 2008)
I-a) Any officer or relevant person of banks and of other financial establishments and institutions, who does not comply with the regulations set forth by the Bank within the framework of the powers granted to it in accordance with the fourth paragraph of Article 4 and with Article 52 on open market operations, of this Law, and who fails to establish in due time or who establishes deficiently the ratios fixed for reserve requirements and liquidity requirement pursuant to paragraph (II) of Article 40 of this Law, shall be sentenced to a judicial fine of two hundred to four hundred days.
b) Any officer or relevant person of banks and of other financial establishments and institutions, who fails to furnish the documents and information specified in the first and second paragraphs of Article 43 and in Article 44 of this Law, or who provides inaccurate information and documents, or who obstructs the audit set forth in the fourth paragraph of Article 4 of this Law, shall be sentenced to a penalty of imprisonment for a term of one to three years and a judicial fine of four hundred to eight hundred days.
The commencement of an investigation and prosecution in connection with the offences described in this paragraph shall be subject to the filing of a petition by the Banking Regulation and Supervision Agency with the Office of the Chief Public Prosecutor either upon the request of the Bank or after obtaining the Bank’s opinion. In this case, the provisions of Article 162 of the Banking Law shall apply.
II-a) Any staff member of the Bank who violates the first and second paragraphs of Article 35 of this Law shall be sentenced to a penalty of imprisonment for a term of one to three years and a judicial fine which shall not be less than hundred days.
Any staff member of the Bank who discloses confidential information in order to obtain benefits for himself or other persons shall be sentenced to a penalty of imprisonment for three to five years and a judicial fine of one thousand to ten thousand days.
b) Any staff member of the Bank who embezzles, for the benefit of himself or another, the money, or the documents or bills which substitute money, or other goods, which he is obliged to keep and supervise or which are held by him by reason of his office, shall be punished with a penalty of imprisonment for six to twelve years and a judicial fine of up to five thousand days and also be sentenced to indemnify the damage incurred by the Bank.
Where the offence is committed by conducting fraudulent acts to ensure that the embezzlement shall not be discovered, the offender shall be sentenced to a penalty of imprisonment which shall not be less than twelve years and a judicial fine of up to twenty thousand days; however, the amount of the judicial fine shall not be less than three times the damage incurred by the Bank. Furthermore, if the damage occurred has not been indemnified, the court shall, on its own initiative, render a judgment for the payment.
In the event that the money, or the documents or bills that substitute money, or other goods, are returned in their original state or the damage incurred is totally indemnified, prior to the initiation of the investigation, two thirds of the fine to be imposed shall be reduced.
If, prior to the commencement of the prosecution, the embezzled money, or such documents or bills that substitute money, or other goods, are voluntarily returned in their original state or the damage incurred is totally indemnified, the penalty to be imposed shall be reduced by one half. In case this happens before the judgment is rendered, the penalty to be imposed shall be reduced by one third.
Where the value of the money, or of the documents or bills that substitute money, or of other goods, which are the subject matter of the offence of embezzlement, is minimal, the penalty to be imposed shall be reduced by one third to one half.
The commencement of an investigation and prosecution, against the personnel of the Bank in connection with the offences described in this paragraph and their actions during the performance of their duties specified in the Law, shall be subject to the filing of a petition by the Board with the Office of the Chief Public Prosecutor, and the commencement of an investigation and prosecution against other staff members of the Bank who are in office by appointment and election shall be subject to the filing of a petition by the Prime Minister with the Office of the Chief Public Prosecutor.
III- a) Anyone who intentionally takes an action which may tarnish the reputation or damage the credibility or assets of the Bank or who disseminates and publishes false information thereof shall be sentenced to a penalty of imprisonment for one to two years and a judicial fine which shall not be less than hundred days.
b) Any real person and any responsible person of a legal entity, who fails to furnish the documents and information in the fourth paragraph of Article 43 of this Law accurately in accordance with the terms and conditions specified, shall be sentenced to a judicial fine of thirty to sixty days.
The commencement of an investigation and prosecution in connection with the offences described in this paragraph shall be subject to the filing of a petition by the Office of the Governor with the Office of the Chief Public Prosecutor.
Supplementary Article - (Introduced by
Law No. 3098 of December 6, 1984)
The terms
"Minister of Finance" and "Ministry of Finance" referred to in Law on the
Central Bank of the Republic of Turkey No. 1211 of January 14, 1970 are
amended to read "Prime Minister" and "Prime Ministry"
respectively.
Provisional Article 1- The Board of
Directors of the Bank shall be transformed into the Board of the Bank on
the enforcement date of this Law. The duties of the members shall continue
until the completion of their respective terms of office. The duties of
the member of the Board of Directors representing the personnel shall
terminate on the effective date of this Law.
Provisional Article 2- As of the
effective date of this Law, the General Director of the Bank shall be
designated as "Governor" and the Assistant General Directors of the Bank
designated as "Vice Governors", and their duties shall continue until the
end of their respective terms of office.
Provisional Article 3- Those who are
auditors on the effective date of this Law shall continue to perform their
duties as members of the Auditing Committee until the end of their terms
of office.
Provisional Article 4- The duties of
other persons employed by the Bank on the effective date of this Law shall
continue.
Provisional Article 5- Treasury bills
held in the portfolio of the Bank on the effective date of this Law shall
be liquidated in accordance with the principles and conditions to be
determined by the Ministry of Finance and the Bank. The advance account
which has been extended to T. Emlak Kredi Bankası against Treasury
guaranteed bonds shall be liquidated in the same manner among the Ministry
of Finance, the Bank and the institution concerned.
Provisional Article 6- The banknotes
issued in accordance with the Law No. 1715 and which circulate on the
effective date of this Law shall remain in circulation under the
provisions of this Law until they are replaced by a new
issue.
Provisional Article 7- All the decisions
taken by the Committee for the Regulation of Bank Credits shall continue
to be valid after the effective date of this Law unless otherwise decided
by the Bank.
Provisional Article 8- The aggregate of
the shares corresponding to the TL 10 million increase in the capital
which was raised from TL 15 million to TL 25 million in accordance with
Article 5 of this Law, shall be allocated to class
(A).
The
amount corresponding to the TL 10 million shares in question shall be
covered all at once from the available provisions with the Bank before the
first meeting of the General Assembly after the effective date of this
Law.
Provisional Article 9- (Added by Law No.
3985 of April 21, 1994 to be effective on January 1,
1995)
The
amounts accumulated in the advance account in 1994 and in the previous
periods and the amounts to be utilized between 1995 and 1998 as specified
in Article 50 shall be liquidated in accordance with the principles to be
determined between the Prime Ministry and the Bank.
Laws
Repealed
Article 69- The following laws are
repealed:
Law on
the Replacement of Banknotes by their Reserves No. 1514 of 2.6.1929; Law
on the Central Bank of the Republic of Turkey No. 1715 of 11.6.1930 and
the following amendments as:
Law No.
3133 of 12.2.1937; Law No. 4431 of 12.6.1943; Law No. 5167 of 4.2.1948;
Law No. 5256 of 8.7.1948; Law No. 5377 of 2.5.1949; Law No. 6544 of
27.4.1955; Law No. 6571 of 18.5.1955; Law No. 6758 of 25.6.1956; Law No.
260 of 24.2.1961; Law No. 142 of 3.1.1963; Law No. 583 of 21.4.1965 and
Articles 33 and 47 of Banks Act No. 7129; paragraph 2 of Article 9, as
amended by Law No. 302, of Law No. 2279 on Loans.
Paragraph
3 of Article 4 of Law No. 468* of May
12, 1964 is amended to read as follows:
"The
Central Bank of the Republic of Turkey is not considered to be a State
Economic Enterprise and is not subject to audit as set forth by this Law.
Auditing of this Bank by the Turkish Grand National Assembly shall be
conducted through the examination of the National Budget as referenced in
Article 94 of the Constitution."
The final
paragraph of Article 4 of Law No. 468 of May 12, 1964 is amended to read
as follows:
"The
administrations, establishments and public professional organizations
stated in paragraphs 1 and 2 are considered public corporate bodies for
the purposes of paragraph 1.
Provisions
of current laws in force which do not comply with this Law shall not apply
to the Bank."
Enforcement
Date
Article 70- This Law shall become
effective on the date of its publication.
Enforcement
Article 71- The Council of Ministers
shall be entrusted with the enforcement of this Law.
Articles of
Law No.4651 of April 24, 2001, which are not annexed to this Law, are as
follows:
Provisional Article 1- The provision
pertaining to the terms of office stipulated in Article 29 of Law No. 1211
which has been amended by Article 5 of this Law shall not be applicable to
the Vice Governors who shall be in office on the effective date of this
Law.
Provisional Article 2- The funds
accumulated at the advance account described in Article 50 of Law No.1211
which is repealed by Article 16 of this Law shall be liquidated in
accordance with the principles determined by the Bank and the Treasury;
credits extended to public establishments and institutions pursuant to
Article 51 shall be liquidated to be paid back in compliance with the
extension procedures.
The Bank may
purchase debt instruments issued by the Treasury in the primary market for
a period of six months beginning from the effective date of this
Law.
*By Decision of the
General Assembly of April 28, 1988 and the Decree of the Council of
Ministers on Amending Certain Articles of the Articles of Association of
the Bank No. 88/13075 of June 24, 1988 the capital was
increased to TL 25,000,000,000.-; the nominal values of the shares were
increased to TL 100,000.-, 200,000.-, 500,000.-, 1,000,000.-, 5,000,000.-
and 10,000,000.-.
* Provisions pertaining to
all kinds of tax, duty and fee exemption applicable to importation are
repealed by Article 1 of Law No. 3283 of May 6, 1986.
* Law No. 468 is abolished
by Law No. 3346 of April 2,
1987
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