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tions. The preservation obligation for minimum five years, stipulated

under this provision, shall not constitute a novelty for banks active in

factoring operations. This is because, according to article 42 of the

Banking Law numbered 5411, the banks operating in Turkey are

already obliged to preserve the documents related to their operations

for a period of ten years. Therefore, the preservation obligation for

minimum five years, which is envisaged in the Regulation, shall sole-

ly be considered as a novelty for the factoring companies.

Conclusion

The Regulation introduced new principles and procedures for fac-

toring companies and banks that are established in Turkey, enquiry

obligations, a minimum five-year period of preservation of documents

obligation, and conditions for the acquisition of receivables arising out

of the sale of goods or services. Such provisions are significant for the

entities that provide factoring services and should be taken into con-

sideration by factoring companies and banks.

COMMERCIAL LAW

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