Categories: General

How Is The Promissory Note Prepared?

1-Payday: this is not a definite form requirement in the laws. A date written to the payday means a written declaration that payment will be made on that date. If the payment/collection is agreed on a date specified in advance, the date must be written. Otherwise, the bond, which has not been shown the maturity method, is paid when seen.

2-Turkish Lira: the amount specified in the bond, that is, the amount of debt/receivables that are subject to the year. As can be seen in the example above, the amount of the policy in the provision of Negotiable Instruments is written #5.000# on the left and right sides. With this method, such symbols are written in the deed to prevent later intervention, adding numbers to the right and left.

3-Penny: refers to the amount of debt / receivables. If you don’t have a scratch, it’s enough.

4-No: if there are more than one deed, the deed number is written. Thus, both the creditor and the debtor can track which promissory note is and how many more promissory notes are left.

5-Maturity: the same payment Day written on the top side is written here. If the general practice is 29.10.2016, it is written on the top side and on the bottom side as 29 October 2016. The purpose of this is to prevent the confusion of the month and day and to make the contents of the bond more clear.

6-Creditor: the name and name of the real or legal person who is a creditor is written in the deed. If the legal entity (e.g. X ltd. STI, XXX A.ş) the official title of the company is written as Ali Akça and the real person is written as Ali Akça.

7-Amount of debt/receivables: whether the müktarister subject to the deed is in foreign currency or in foreign currency, it is written in writing rather than in numbers as written above. The purpose here is to confirm the amount by preventing the amount from being misperceived. Change at the top or bottom is one of the elements that helps to understand if tampering is done.

8-Amount of Debt / Debt: if there is a small amount, it is written in writing.

9-Reason of debt: here it is explained what the debt is due to. In more explicit terms, if one is given money with a commitment to pay on the following day and this deed is prepared in return, that is, if the money is prepared based on the debt, the phrase “Cash” is written in that part, and if a payment is to be made in return for goods and services, the phrase “malen” is written. The purpose here is to give the parties a chance to prove, especially in cases of debt defection, rejection or objection.

For example, he bought goods, and two months later, the bond was prepared. It gives the parties the power of proof in order to resolve the wrongdoing by presenting evidence to the courts in disputes of the receipt of the goods, advance payments, invoice, delivery note and contract.

10-Court: it is written which court will look at the disputes arising from the deed. If the parties are in the same province, if they are in different provinces,the province they agree with, the subject of endorsement or wherever they say, the courts of Turkey shall be noted.

11-Debtor: it is the part of the information of the debtor who has committed to pay. If the person is a real person, his / her name, surname, address and Identification Number must be entered. If the person is a legal person, the title of the company should be written as in the trade registry Gazette, official invoice and stamp. The firm’s direct cachet is also sufficient.

12-Date of issue: the date on which the deed is issued is written, and when the agreement is signed, it is noted, and it also carries the provision of evidence in a possible dispute. A person who says he has paid his debt can present it to the judge by comparing the tediye, collection receipt or bank statement and date with the deed.

13-Signature of debtor: name and surname of debtor party. Whoever owes to the left side should have his name and surname written down and that person should sign it.

In companies offering legal personality, the company cachet or hand written company information does not matter under, above, the representative authorized to sign the legal signature must sign. This is very important. Because if a person who is not authorized to do so signs his or her signature, he or she will be liable for the debt.

TTK m.613: “… any signature placed on the face of the policy, except the signature of the interlocutor or the discoverer, shall be deemed to be an aval commentary.…”

14-Guarantor: if there is a guarantor agreement regarding the debt which is subject to valuable documents, the name and surname of the guarantor and his / her signature shall be discarded. If the debtor does not pay the debt and the collection is not possible through foreclosure, the court shall seek the collection of the debt in the guarantor. The guarantor is the second debtor.

15-Voucher information: name, surname, address and Tc identification number of the guarantor of the debt are entered. Surety is not mandatory in the bond. The bond can be prepared without a guarantor.

16-Notes abstracts: this is the part that facilitates the affairs of the creditors related to the notes. When filing the notes, the debtor can follow up his / her receivables with information such as maturity and amount without looking at the contents of the notes. For the debtor, when filled, it can be filled as a precaution against tampering, but it is not mandatory.

17-Contents of the deed, basis : especially to this part which is left empty the deed is prepared according to which debt, if any contract (rent, guarantee, installment) is written for can be added here. It better be written.

Ard intent, withdrawal, failure to pay, the following details should be noted in the evidence relating to the case.

> The debtor party should arrange the deed in his own handwriting.
>Both parties must read the deed before it is signed.
> After the deed is signed, the debtor must obtain a copy.
>If there is a separate contract for the deed, one of each copy must be present in the parties.
>When the bond is paid, especially the signature part should be torn from there.,
>Paid upon, collected registration must be deducted,
>If possible, a receipt should be taken by taking note of the following consistent note.,
> Even if it is paid, the deed should be kept for a period of time and precautions should be taken against future disputes and fraudulent acts.
> You should not sign the blank deed by saying fill it.

Aşıkoğlu Law Office

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