30.04.2021/32
Regulation Postponing the Presentation of Checks and Execution and Bankruptcy Proceedings Enters into Force
With the “Communiqué on the Implementation of Paragraph (a) of the First Paragraph of the Provisional Article 3 of the Provisional Article 3 of the Law No. 7226 on the Amendment of Certain Laws” published in the Official Gazette on 30.04.2021 by the Ministry of Trade, check presentation periods and enforcement-bankruptcy proceedings were postponed.
According to the Communiqué;
(1) With the provisional article 3 of the Law No. 7226, in order to prevent loss of rights by taking into account the restrictions imposed throughout the country within the scope of the fight against the Covid-19 epidemic disease; It has been ruled that checks whose last day of the submission period falls between 30/4/2021 and 31/5/2021 (including these dates) cannot be submitted between these dates; After 1/6/2021, it has been ruled that they can be submitted within the remaining submission period.
In the justification of the aforementioned provision; in order to reduce the possible negative effects of the slowdown in commercial life that will occur with the full closure in terms of merchants and tradesmen and to enable them to plan their payments within the full closure period, it is stated that it is aimed not to initiate legal proceedings until the end of May 2021 regarding the debts of merchants and tradesmen arising from bills of exchange and especially checks and bonds and debts to public administrations between 30/4/2021 and 31/5/2021.
With the aforementioned regulation, in addition to protecting the rights of the creditor who cannot present his/her check to the bank within the scope of the restriction measures imposed due to the Covid-19 pandemic, it is also provided that the debtor can pay his/her debts whose payment date falls between these dates after 1/6/2021.
(2) Within the scope of the provisional article 3 of the Law No. 7226;
a) If the last day of the submission period falls between 30/4/2021 and 31/5/2021, if the checks are submitted to the bank between the specified dates, the check amount must be paid, provided that there is a check equivalent in the account of the checking account holder.
b) If the checks falling between 30/4/2021 and 31/5/2021, the last day of the submission period, are submitted to the bank between the specified dates and there is no equivalent of the check in the account of the checking account holder, no bounced transaction will be made within the scope of the Check Law No. 5941 before 1/6/2021. After 1/6/2021, necessary actions can be taken regarding the checks in question.
The Communiqué entered into force as of 30.04.2021, the date of its publication.
You can find the details of the relevant communiqué here.
Sincerely,
