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NEWSLETTER 2013
300
As it is well known, for verification purposes, a list of signatures must
be provided of all those persons with the authority to represent and bind a
company. Court of Cassation demands that a confirmation letter must be
signed by a duly authorized company representative and the courts must
ascertain this issue during litigation:
“… It is understood that Rebii Bozdan, who signed the document
entitled “Account Settlement” in the name of the company, is not
an authorized representative of the company. It is not acceptable
that the court made a decision without conducting proper research,
rather than evaluating all the evidence and making an appropriate
decision as a result.”
(Decision of 19th Civil Chamber of Supreme
Court dated 01.12.2005, numbered 2005/1967 E. 2005/11954 K.)
The Court of Cassation ruled that an authorized signatory of the
company did not sign the letter of account settlement and made a reversal
decision that it is an error of the court not to have examined this issue.
Conclusion
As a consequence, if an authorized representative does not sign a
confirmation letter, it cannot be evaluated as an acknowledgement of
debt, and it is not possible to gain approval when requesting the removal
of an objection based upon said letter.