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Legal Alerts
11/09/2021 https://www.esin.av.tr/wp-content/themes/esin/images/esin.jpg

FX Loan Borrowing for Ordinary Partnerships

Legal Alerts
Banking & Finance
General

Recent Development

The Capital Movements Circular was amended to clarify the regules regarding FX loan borrowings by ordinary partnerships in which all the partners are legal persons (“Ordinary Partnerships“).

What Does the Amendment Say?

  • Ordinary Partnerships will be considered Turkish residents and FX loans extended to Ordinary Partnerships will be considered loans utilized by the partners pro rata to their liabilities in the partnership.

  • If the FX loan to be utilized based on FX income, the total FX income of all the partners will be calculated in accordance with the partners’ shares.

  • The total FX loan balance of all partners will be calculated in accordance with their shares and if the balance is higher than USD 15 million, the Ordinary Partnership can utilize FX loans.

  • Ordinary Partnerships will be required to provide a copy of their notarized partnership agreements to Turkish banks extending loans/acting as intermediary, as the case may be.

Conclusion

The amendment clarifies the principles for the utilization of FX loans by Ordinary Partnerships, a much needed development because the Decree No. 32 and the Capital Movements Circular did not address this topic.