The Communiqué on the Tariff of Concordat Expense Advances Has Been Published

Gizem Şimşek co-authored this article.

The Communiqué of the Ministry of Justice (“Communiqué”) regarding the Concordat Expense Advance Tariff (“Tariff”), which sets forth the amount of the advance to be deposited with the court cashier and the procedures and principles for its payment when requesting concordat pursuant to the Enforcement and Bankruptcy Law No. 2004 (“EBL”) was published in the Official Gazette dated 16.08.2025 and numbered 32988.

Pursuant to the Communiqué, prepared on the basis of Article 285, paragraph four of the EBL titled ‘Request for Concordat’, the expense advance to be deposited cover costs such as all notification and postal fees, expert and concordat trustee fees, announcement fees, bankruptcy expenses, as well as the expenses for the file’s transmission to and from the regional court of appeal and the Court of Cassation.

Within the scope of the Communiqué, these matters have been regulated as follows:

1. Amount of the Advance Expenses for Concordat

(1) The applicant shall deposit in advance the total amount consisting of the following:

a) Notification expenses corresponding to three times the number of creditors declared at the time of requesting concordat,

b) The minimum amount of TRY 2,000.00 for seven announcements to be published in the Turkish Trade Registry Gazette (TRY 1,500.00 in the previous year’s tariff),

c) The minimum amount for seven announcements to be published on the official announcement portal of the Press Advertisement Agency, as determined in the Official Announcement Price Tariff,

ç) Postal expenses for fifty registered letters with return receipt to be sent to the relevant institutions and organizations,

d) An amount corresponding to three times the fee set out in the Minimum Fee Tariff for Experts for one expert

e) An amount corresponding to five months of remuneration, calculated on the basis of a minimum of TRY 2,600.00 (TRY 2,000.00 in the previous year’s tariff), to cover the temporary respite period for the person to be appointed as the concordat commissioner, subject to later completion of the amount to be determined by the court,

f) TRY 1,300.00 for other works and transactions (TRY 1,000.00 in the previous year’s tariff),

g) For those subject to bankruptcy, bankruptcy expenses of TRY 53,000.00 (TRY 40,000.00 in the previous year’s tariff).

(2) For debtors not subject to bankruptcy, the court may decide to apply a reduction to the amount of advance expenses listed above.

2. Refund of the Expense Advance for Concordat

The unused portion of the expense advance shall be refunded to the applicant after the judgment becomes final.  If a bank account number has been provided, the refund will be transferred electronically to the account; if not, it will be sent via Turkish Post (PTT) to the applicant’s address, with the related costs deducted from the advance.

3. Supplementation of the Expense Advance and Application in Terms of Time

- If it is determined during the proceedings that the expense advance deposited in accordance with the amounts set forth under the Tariff is insufficient, the deficiency shall be completed pursuant to Article 120/2, of the Code of Civil Procedure No. 6100 (“CCP”) titled ‘Payment of Fees and Advance Expenses.

- The expense advance stipulated under this Tariff shall apply to concordat requests made after 15.03.2018. In the event that the required expense advance is found to be incomplete and the deficiency is not remedied within the definite period granted, the proceedings shall be carried out pursuant to Articles 114 and 115 of the CCP by reference to Article 285 of the EBL (In such case, the application shall be procedurally dismissed).

Effective Date

By this Communiqué, the Concordat Expense Advance Tariff published in the Official Gazette dated 24.8.2024 and numbered 32642 has been repealed, and this Communiqué entered into force on the date of its publication.