In an incident that occurred on September 4, 2018;
On this date, a courier who arrived at the company’s headquarters insisted on speaking with a company representative, stating, “I am from the Office of the President; I have come to deliver a magazine that the President sends exclusively to businesspeople,” and handed the magazine—which featured the President’s photograph—to a company official, having the official sign a document titled “Courier Delivery Receipt”…
Some time later, the company official learned that enforcement proceedings had been initiated against the company based on a promissory note worth 600,000 U.S. dollars, as stated in Case No. 2019/… of the Ankara 2nd Enforcement Directorate…
The company official subsequently filed a complaint with the Chief Prosecutor’s Office alleging forgery of official documents and aggravated fraud, while also filing a declaratory action in the Commercial Court (pursuant to Article 72 of the Enforcement and Bankruptcy Law).
Regarding the defendant, an appeal was filed against the conviction handed down by the High Criminal Court in Case No. 2019/… for the crimes of “forgery of official documents” and “aggravated fraud” under Articles 37/1, 158, 204, 53, and 63 of the Turkish Penal Code… Following the Regional Court of Appeal’s 25th Criminal Chamber’s dismissal of the appeal on its merits due to the “finalization of the conviction for forgery”… The Western Commercial Court accepted the “declaratory action” filed by the debtor pursuant to Article 74 of the Turkish Code of Obligations; however, the judgment has not yet become final because the defendant creditor has objected to this decision…
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The defendant creditor obtained a “provisional attachment order” from the court based on a promissory note worth 600,000 U.S. dollars and enforced this order against all of the debtor’s assets (real estate, vehicles, bank funds, etc.); therefore, it was not possible to lift the attachment on these assets. This is because, pursuant to Article 72/V, Paragraph 2 of the Enforcement and Bankruptcy Law, the lifting of these attachments is possible only upon the “cancellation of enforcement proceedings”; this, in turn, occurs only when “the judgment in favor of the debtor becomes final,” which is typically 2–3 years later…