Tasarruf Finansman Sözleşmesi

Savings financing system is preferred system by individuals who want to make an interest- free savings plan or cannot receive loan due to high bank loan rates. In this system, while savings of the participants are able to combine and finance in a row each other's purchases of other assets such as house, motor vehicle, as well as roofed workplace. Companies that are conducting a savings financing system provide assets to individuals as interest- free by conducting activity in similar to “Rotating Saving and Credit Associations”, which are used in foreign countries, thereby reaching financing at the maturity of a tempus certum usuing different methods. Conducting activity of companies is technically a financial intermediation service. In Turkey, as financial services are enacted by special laws also interest- free savings financing systems have a statutory basis, legal regulations has not been until 2021. With the popularity of these systems, there has been increase considerably in the number of companies, as a naturel consequence of this, the reliability of the system and companies has also become a matter of discussion. By the fact that the funds transferred to the systems are high, the protection of the participants and the necessity to be able to keep under control the companies that organize the financing have put the Banking Regulation and Supervision Board into action. As a result of the conducted intensive work by the Banking Regulation and Supervision Board, a bill of law was submitted to the Turkish Grand National Assembly in order to have a statutory basis of the “savings financing” services offered by the private companies and keep under control the companies. The enrolled law No. 7292 on 17.02.2021, “The Amendment of financial leasing, factoring and financing companies law and some certain laws” entered into force on 07.03.2021. With the amendment made, the savings financing companies and the contracts made by these companies under the name of “savings financing contract” were included in the scope of the law numbered 6361 and have a statutory basis. Thus, until today companies that have acted as financial intermediaries without the supervision of a regulatory and supervisory authority must be established and operated canonically the rules and procedures in the law. The current regulations aim both the protect the rights and interests of the participants and to protect the credibility in the financial markets. In our study, “savings financing activity” and “savings financing conracts” which are regulated in the scope of the law numbered 6361 “Financial Leasing, Factoring, Financing and Savings Financing Companies Law”, are examined by dealing the contractual rules and procedures, the legal nature of the contract, the parties, the obligations and liabilities of the parties.