2. What are the main sources of regulatory laws in your jurisdiction?
What are the main sources of regulatory laws in your jurisdiction?

Türkiye has various framework laws for financial institutions and services, including the following:

  • The Banking Law No. 5411
  • The Capital Markets Law No. 6362 (CML)
  • The Insurance Law No. 5684
  • The Private Pension Savings and Investment System Law No. 4632
  • The Financial Leasing, Factoring and Financing Companies Law No. 6361
  • The Payment and Security Settlement Systems, Payment Services and Electronic Money Institutions Law No. 6493
  • The Debit Cards and Credit Cards Law No. 5464

The BRSA, the CMB, the IRSA and the Central Bank set detailed rules and guidelines applicable to companies and activities they regulate in the form of regulations, communiqués, respective board resolutions, circulars, sector announcements and guidelines. The BRSA, the CMB, the IRSA and the Central Bank's rules and guidelines are prudential regulations that include audit requirements, capital adequacy ratios, corporate governance requirements, financial statements and reporting standards, internal systems, regulators’ audits, record retention, and provisioning requirements.

Although not a member, Türkiye is a candidate for full European Union membership and has been in accession negotiations since 2005. It is also active in harmonizing its financial services legislation with the acquis. Türkiye has its financial market infrastructure, securities markets and investment services regulations aligned with the acquis with the enactment of Banking Law No. 5411 and the CML and their secondary regulations. Türkiye has also adopted Basel II and some Basel III principles in the Turkish banking sector.