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AMENDMENT HAS BEEN MADE TO THE COMMUNIQUÉ REGULATING CAPITAL LOSS OR INSOLVENCY CONDITIONS OF CAPITAL COMPANIES.

  • Published by

    Erta Audit

  • Type

    Publication

  • Date

    December 11, 2025

  • Reference

    ertadenetim.com.tr

AMENDMENT HAS BEEN MADE TO THE COMMUNIQUÉ REGULATING CAPITAL LOSS OR INSOLVENCY CONDITIONS OF CAPITAL COMPANIES.

As is known, the Ministry of Commerce published the "Communiqué on Procedures and Principles Regarding the Application of Article 376 of the Turkish Commercial Code No. 6102" in the Official Gazette No. 30536 dated 15.09.2018, setting out the procedures for joint stock companies, limited liability companies and limited partnerships with share capital in cases of capital loss or insolvency.

Under the Communiqué, until 01.01.2026, all exchange rate losses arising from foreign currency liabilities not yet performed and half of the total of rent expenses, depreciation and personnel expenses accrued in 2020 and 2021 could be disregarded in calculating capital loss or insolvency under Article 376 of the TCC.

This time, with the "Communiqué Amending the Communiqué on Procedures and Principles Regarding the Application of Article 376 of the Turkish Commercial Code No. 6102" published in the Official Gazette No. 33103 dated 10.12.2025, the date 01.01.2026 was changed to 01.01.2027.

The Communiqué entered into force on 10.12.2025.

https://www.resmigazete.gov.tr/eskiler/2025/12/20251210-7.htm