More gain than pain from article 64

Euromoney Limited, Registered in England & Wales, Company number 15236090

4 Bouverie Street, London, EC4Y 8AX

Copyright © Euromoney Limited 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

More gain than pain from article 64

Article 64 of Turkey's banking law, which can be invoked to supervise ailing banks, provides sweeping authority over shareholders, including firing the general manager and the board and making demands for a capital injection. But in practice article 64 interventions have ceased to have any meaning. The government cannot or will not get the shareholders to improve the balance sheets of their banks. And the banks have no qualms about being placed under article 64 since the identity of banks affected is not made public.

There are banks that have been under article 64 for more than three years without improving their situations. There are others whose balance sheets have deteriorated even further when the treasury should have seen to it that the opposite happened. There are even article 64 banks that are preparing to go public. But the most bizarre thing about these banks is that they continue to get syndicated loans from international banks although their names are well known to the banking industry.

Many article 64 inmates are happy to stay put. Coming under article 64 can have distinct advantages for a bank, such as being absolved from reserve requirements (these are 8% for Turkish lira deposits and 11% for foreign exchange) and having interest-free funds put at its disposal. Industry sources say that some banks volunteer to enter article 64 in order to enjoy these benefits.

"It is incomprehensible that these banks are allowed to park under article 64," says Akin Ongor, CEO of Garanti. "They must either be shut down or merged." Ottoman Bank CEO Aclan Acar speculates that neither happens because banking is a small, cliqueish world. "It's like a classroom," he says."We

Gift this article