Training Modules:
LETTERS OF GUARANTEE (Guarantee Contracts) (16 Hours)
I. DETERMINATION OF LEGAL NATURE
A. Legal Nature of Letters of Guarantee
B. Legal Nature of Independent Guarantees (TBK/TGBK)
II. TYPES OF LETTERS OF GUARANTEE
A. Classification According to the Nature of Risk
B. Classification According to the Form of Payment Demand
- Bank Letters of Guarantee Payable upon First Demand
- Conditional Bank Letters of Guarantee
C. Classification According to the Subject Matter of the Guarantee - Temporary (Bid) Letters of Guarantee
- Advance Payment Letters of Guarantee
- Performance Letters of Guarantee
D. Classification According to the Involvement of a Second Bank - Direct Bank Letters of Guarantee
- Indirect Bank Letters of Guarantee
E. Classification According to Duration - Fixed-Term Letters of Guarantee
- Open-Ended (Unlimited) Letters of Guarantee
F. Revocable and Irrevocable Letters of Guarantee
G. Counter-Guarantees
III. PARTIES TO A LETTER OF GUARANTEE
A. Applicant (Principal)
B. Beneficiary
C. Guarantor (Issuing Bank)
D. Correspondent Bank
E. Counter-Guarantor
IV. ESTABLISHMENT OF THE LETTER OF GUARANTEE RELATIONSHIP
A. Establishment of the Contractual Relationships Between the Parties - Establishment of the Underlying Relationship between the Applicant and the Beneficiary
- Establishment of the Reimbursement Relationship between the Applicant and the Bank
- Establishment of the Guarantee Relationship between the Bank and the Beneficiary
B. Establishment of an Indirect Letter of Guarantee - Determination of Relationships Between the Parties
- Establishment of the Contract between the Applicant and the First Bank
- Establishment of the Contract between the First Bank and the Second Bank
- Establishment of the Contract between the Second Bank and the Beneficiary
V. FORM OF THE LETTER OF GUARANTEE CONTRACT
VI. OBLIGATIONS OF THE PARTIES IN LETTERS OF GUARANTEE
A. Obligations of the Applicant (Principal)
B. Obligations of the Banks - Obligations of the First Bank
- Obligations of the Second Bank
VII. COUNTER-GUARANTEE
A. Legal Nature of the Counter-Guarantee
B. Establishment of the Counter-Guarantee Contract
C. Independence of the Counter-Guarantee
VIII. ASSIGNMENT OF LETTERS OF GUARANTEE
A. Assignment of Letters of Guarantee Subject to Independent Guarantee Rules
B. Assignment of Letters of Guarantee under Turkish Law
C. Effect of Assignment on the Counter-Guarantee
IX. PAYMENT UNDER LETTERS OF GUARANTEE
A. Determination of the Moment When the Bank’s Obligation Becomes Due
B. Presentation - Required Documents for Presentation
- Partial Presentation
- Form of Presentation
- Place of Presentation
- Language of Presented Documents
C. Bank’s Duty of Examination
D. Payment of the Obligation Arising from the Letter of Guarantee - Compliance of the Payment Demand
a. Place of Payment
b. Currency of Payment - Special Situations Regarding Payment Demand
E. Non-Compliant Payment Demands
X. EXPIRATION OF THE LETTER OF GUARANTEE
- SURETYSHIP CONTRACT (14 Hours)
I. CHARACTERISTICS OF THE SURETYSHIP CONTRACT
II. DIFFERENCES BETWEEN SURETYSHIP AND GUARANTEE CONTRACTS
III. TYPES OF SURETYSHIP
A. Ordinary Suretyship
B. Joint and Several Suretyship
C. Suretyship for the Surety
D. Recourse Suretyship
E. Collective Suretyship
- Partial Suretyship
- Independent Suretyship
- Joint Suretyship
a. Ordinary Joint Suretyship
b. Joint and Several Joint Suretyship
IV. ESTABLISHMENT AND VALIDITY CONDITIONS OF THE SURETYSHIP CONTRACT
A. Existence of a Valid Principal Debt
B. Existence of Capacity to Act as a Surety - Capacity of Natural Persons
- Capacity of Legal Entities
C. Form of the Suretyship Contract
V. RELATIONSHIPS BETWEEN THE PARTIES
A. Relationship between the Surety and the Creditor
B. Relationship between the Surety and the Principal Debtor
VI. TERMINATION OF THE SURETYSHIP CONTRACT
A. Termination Due to the Principal Obligation
B. Specific Grounds for Termination of the Suretyship Contract
VII. RIGHT OF RECOURSE IN SURETYSHIP
- AVAL (BILL GUARANTEE) (4 Hours)
I. ESTABLISHMENT AND VALIDITY CONDITIONS OF AVAL
A. Capacity
B. Form
II. RIGHTS AND OBLIGATIONS OF THE PARTIES
III. TERMINATION OF AVAL
- IN REM SECURITY – PLEDGE OVER MOVABLE PROPERTY (6 Hours)
- PRACTICAL PROBLEMS ENCOUNTERED IN SECURITY LAW APPLICATION (4 Hours)
Instructors:
• Prof. Dr. Vahit DOĞAN
• Prof. Dr. Haluk BURCUOĞLU
• Prof. Dr. İsmail KAYAR
• Attorney-at-Law İbrahim TAMER
(Former Head of Risk Monitoring and Liquidation Department, Ziraat Bank of Türkiye)
Program Duration:
44 Hours / Online (Live Sessions)
Certificate:
At the end of the program, participants will receive an Istanbul Aydın University Rectorate-Approved Certificate.
For Program Details:
Phone: +90 444 1 428
Email: [email protected]
Payment Options:
• Online Payment:http://op.aydin.edu.tr/sem/uzapp/
• Cash or Credit Card at University Campuses
• Bank Transfer (EFT / Wire Transfer)
Bank Account Information:
T.C. İSTANBUL AYDIN ÜNİVERSİTESİ
Yapı Kredi Bank – Sefaköy Beşyol Branch
Branch Code: 815
Account No: 70356668
IBAN: TR46 0006 7010 0000 0070 3566 68