Duties

Banking Law No.5411, related articles:

Duties and powers of associations

Article 80- The duties and powers of associations of institutions shall be as follows:

    a. To ensure the development of the banking profession,

  1. b. To ensure that members function in a dignified and well-disciplined manner as required by the banking profession and in line with the needs of the economy, by setting professional principles,

  2. c. To set the ethical professional principles and standards that the personnel of member banks will have to abide by, upon receiving the approval of the Agency,  

  3. d. To monitor the enforcement of the decisions taken pursuant to the applicable legislation as well as the measures required to be taken by the Agency,

  4. e. To take and implement any measure required for preventing unfair competition among members,

  5. f. To set the principles and conditions for  announcements and advertisements in terms of type, format, qualitative and quantitative elements to be complied by the members, upon receiving the approval of the Agency,

  6. g. To ensure cooperation among banks for joint projects, in collaboration with the Agency,

  7. e. To file lawsuits on the basis of  board of directors’ decision on matters that relate to the common interests of their members,

  8. i. To set the principles and procedures applicable to contract format and contents envisaged by the provisions regarding customer rights,  

  9. j. To set up a board of arbitrators within the framework of the principles and procedures to be prepared thereby and approved by the Board, in order to evaluate and settle the disputes between the members and their individual clients, with the reservation of their rights to legal application pursuant to the Law No. 4077 regarding the Protection of Consumer Rights and other laws.  


TKBB Status, 28th February 2006, related articles

Objectives, Authorities and Tasks of Association:
ARTICLE 4 -
The aim of the Association is to defend the rights and interests of Participation Banks within the frame of the principles of free market economy and full competition in direction of the principles and rules of the regulation of banking; to carry out studies and researches for the enhancement and healthy functioning of banking system, for the development of banking, for the improvement of competitive power; to adopt/ to have adopted, practice and demand to be practiced such resolutions as are required to introduce a competitive environment and avoid unjust competition.
For the realization of these very objectives the Association carries out the following tasks:

a) To follow up regulations related to Banking and Participation Banks, whereby informing the Member Participation Banks thereof;

b) To ensure that Members carry out their studies in unison, dignity and discipline required by the profession by determining the principles of the profession in conformity to the requirements of economy;

c) To determine the professional principles and standards to be followed by Members of Participation Banks by also asking for the Agency's proper views;

d) To follow up the implementation of resolutions that have been adopted as per the related regulations and measures demanded by the Agency;

e) To take and apply all kinds of necessary measures to avoid unjust competition between Members thereof;

f) To adopt such resolutions as shall strengthen the professional solidarity in relationships among Participation Banks;

g) To ensure coordination in common projects among Participation Banks in coordination with the Agency;

h) To determine - also by asking for proper views of the Agency - the principles and provisions that Participation Banks shall abide by in their notices and advertisements in consideration of their type, form, quality and quantity;

i) To represent Participation Banking both home and abroad, to publicize Participation Banking and to carry out tasks to enlighten the public in this respect;

j) To organize seminars, symposia, conferences and training programs on Participation Banking;

k) To determine - by asking for the Board's proper opinions thereon - the manners and principles as regards with the form and contents of agreements stipulated by the provisions concerning customers' rights as well as those transactions whereto this type of agreements shall be applied;

l) To form a Board of Arbitration within the manners and principles that have been prepared by the Association and endorsed by the Board with a view to evaluating and solving conflicts between Members and their individual clients;

m) To submit advisory opinions to governmental offices and institutions on Participation Banks and Participation Banking;

n) To follow progressions in economies, finance sectors and banking system home and abroad, conveying thereby the collected data to its Members and the concerned people;

o) To carry out such studies and researches in order to encourage national savings, thereby submitting proposals to authorized offices:

p) To collect and publicize unclassified statistical data on Participation Banks;

r) On condition that the provisions of related provisions should remain valid, to take advisory resolutions about Member Participation Banks as regards to the determination of the commission fee, charges and expenses the Participation Banks shall receive from clients in return for services they offer, the rates of profit-share, commission fee and charges they shall apply in the credits they have opened and other transactions related thereto as well as the rate of participation in profit and loss in Participation Accounts;

s) On such issues as concern the common interests of its Members, to file court cases based upon Board resolution thereon, and/or to fulfill necessary procedures;

t) To take such measures as are required by the Agency;

u) To follow up the implementation of the Association's resolutions and measures, carrying out due sanctions as regards to those Members that fail to follow these timely and thoroughly;

v) To carry out other tasks charged by Laws and related regulations thereon.


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