New Regulation in Turkey Regarding Electronic Investigation of Debtors’ Assets, Rights and Claims

“Regulations on the Principles of Investigation of Assets, Rights and Claims on the National Judicial Computer System” [“Regulation”] was published in the Official Journal on January 22, 2022 and entered into force on the same date. The Regulation essentially sets out the procedures and principles regarding the investigation of the property, rights and claims of the debtor through the information systems integrated into the national judicial computer system. [the so-called “UYAP”],

In fact, the investigation of the assets, rights and claims and the request for seizure via the UYAP have been possible in accordance with the amendments made to the Law No. 2004 on the execution and bankruptcy within the framework of the 3rd package of July 22, 2020. Therefore, the new regulation basically eliminated the hesitations regarding the current implementation and operation of the system.

Who can apply?

The investigation can mainly be carried out by lawyers registered as the creditor’s agent in the corresponding enforcement file with UYAP. Although creditors who are natural or legal persons can also search via the UYAP citizen portal in accordance with the regulation, the infrastructure of the citizen portal still needs to be developed.

What kind of information can we get?

Information on the assets, rights or claims of the debtor contained in the integrated databases of public institutions and organizations, credit institutions and financial institutions defined in Banking Law No. 5411, and institutions and organizations that maintain registers of a similar nature can be obtained within the scope of the UYAP survey.

In case of detection of an asset, right or claim belonging to the debtor, the characteristics of the asset, right or claim are disclosed in the system. If no asset, right or debt is detected during the investigation, then the non-existence is indicated in the investigation report.

What types of assets, rights or claims can be investigated?

Vehicles, tax administration records, execution records, credit and financial institution records, postal checks, social security agency records and real estate are among the assets, rights and receivables that can be sought under the settlement. The information provided relates only to the assets of the debtor and, except for the specific characteristics of the assets, rights and claims, no other information about third parties associated with the debtor is disclosed.

Although the scope of the investigation is, for the time being, limited to the assets, rights and receivables specified above, it is possible that other institutions and organizations that keep similar data will integrate with UYAP in the coming period. In the event of such integration with other institutions and organizations, the Regulation will automatically apply to the investigation procedures to be carried out also in the databases of these institutions and organizations.

Is the survey a paid service?

The cost of investigating the property, rights or claims of the debtor costs 0.50₺ [per inquiry]. This amount is increased each year at the revaluation rate determined and announced annually. On the other hand, the Ministry of Justice has announced that no fees will be charged until January 1, 2023 for investigations. From this date, only the investigations to be carried out by the public administrations belonging to the public administrations, as well as those carried out up to five times a day on the same file by a creditor will not be subject to a fee.

Finally, it should be noted that investigation costs cannot be charged to the debtor as enforcement costs.

Sharon P. Juarez