Business Law

THE PRESENTATION PERIOD OF CERTAIN CHEQUES HAS BEEN EXTENDED DUE TO OFFICIAL LOCKDOWN

In accordance with the “Law on Amendments to Certain laws and the Tax Procedure Law” published in the Official Gazette dated 30.04.2021 and numbered 31470, presentation of cheques that have the last day of their presentation period between 30.04.2021  and 31.05.2021  has been prohibited. These cheques will be presented  within the remaining submission period starting from 01.06.2021.

In addition, it has been decided that enforcement proceedings  regarding  bills of exchange with maturity dates between 30.04.2021 and 31.05.2021 also cannot be initiated between these dates.

The relevant provision of the law is as follows:

  • Cheques that have the last day of their presentation period between 30/4/2021 and 31/5/2021 (including these dates) cannot be presented between these dates. After 1/6/2021, they may be presented within the remaining representation period .
  • Regarding receivables based on bills of exchange due between 30/04/2021 and 31/05/2021 (including these dates); Enforcement  and bankruptcy proceedings cannot be initiated between these dates, precautionary attachment resolutions cannot be made and the proceedings that have already begun shall be suspended.

In addition to these, it is forbidden to initiate enforcement and bankruptcy proceedings between the dates of 30/04/2021 and 31/05/2021 regarding public or private law receivables of public administrations within the scope of the Public Financial Management and Control Law.

The relevant provision of the law is exactly as follows:

  • Enforcemetn and bankruptcy proceedings cannot be initiated between the dates of 30/04/2021 and 31/05/2021 (including these dates) regarding receivables arising from public law or private law of public administrations within the scope of Public Financial Management and Control Law No. 5018.

Finally, a press release was made by the Ministry of Commerce on 30.04.2021, stating that  in cheques that have the last day of their presentation period between 30/4/2021 and 31/5/2021  are presented during these days, the check will be paid provided that the account of the checking account owner holds the equivalent amount of the check; otherwise, the cheque will not be registered as overdraft until 01/06/2021 and that notification has been made to the relevant institutions in order to ensure uniform application of the law.

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