Concordat Process Management

What is Concordat?

Concordat is a legal institution that enables a debtor whose financial situation has deteriorated to find the opportunity to pay their debts by reaching an agreement with creditors and ensuring the continuation of their business activities. This procedure, regulated in the Enforcement and Bankruptcy Law, provides significant advantages for both debtors and creditors.

The concordat process plays a critical role in helping companies overcome their financial crises. When managed correctly, this process allows companies to restructure and achieve a sustainable financial structure. As Cebeci Law, we provide professional support to our clients at every stage of the concordat process.

Legal Consultancy - Concordat Process
Manage the concordat process safely with professional legal consultancy

Types of Concordat

Ordinary Concordat

It is the process of restructuring debts through an agreement with creditors when the debtor's financial situation deteriorates. In this process, the debtor undertakes to make payments to creditors at a certain rate.

Ordinary Concordat Conditions:

  • Deterioration of the debtor's financial situation
  • Acceptance of the concordat proposal by the majority of creditors
  • The concordat proposal being reasonable and applicable
  • Good faith of the debtor

Concordat by Postponement of Bankruptcy

It is the process of postponing the bankruptcy process and reaching an agreement with creditors during this period when the debtor goes bankrupt. This method allows companies to continue their activities.

Conditions for Postponement of Bankruptcy:

  • Bankruptcy decision has been made
  • Submission of concordat proposal
  • Court's postponement decision
  • Granting of temporary respite period

How Does the Concordat Process Work?

1. Application Stage

The concordat process begins with the debtor's application to the court. In this application, the debtor's financial situation, concordat proposal and the reasons for this proposal must be explained in detail. Complete preparation of the application file is critical for the success of the process.

2. Temporary Respite Decision

After evaluating the application, the court may issue a temporary respite decision. With this decision, enforcement proceedings against the debtor stop and the debtor has the opportunity to continue their activities. The temporary respite period is maximum 3 months and can be extended when necessary.

3. Appointment of Concordat Commissioner

The court appoints a concordat commissioner to supervise the concordat process. The commissioner monitors the debtor's activities, examines the financial situation and coordinates relations with creditors.

4. Creditors' Meeting

The concordat proposal is discussed and voted on at the creditors' meeting. If accepted by the majority of creditors, the concordat proposal is submitted to the court.

5. Court Approval

The court evaluates the concordat proposal legally and approves it if found appropriate. The approved concordat becomes binding for all creditors.

Importance of Legal Consultancy in Concordat Process

The concordat process is an area that involves complex legal procedures and requires expertise. Getting professional legal consultancy in this process significantly increases the chance of success.

Our Legal Consultancy Services:

  • Pre-Process Evaluation: Analysis of financial situation and evaluation of concordat suitability
  • Application File Preparation: Preparation of complete and effective application file
  • Concordat Proposal Preparation: Preparation of acceptable and applicable proposals for creditors
  • Negotiation with Creditors: Representation and negotiation in meetings with creditors
  • Court Process Management: Follow-up and management of all court proceedings
  • Implementation Period Consultancy: Consultancy during the implementation process after concordat approval

Advantages of Concordat Process

Advantages for Debtor:

  • Stopping of enforcement proceedings
  • Continuation of business activities
  • Restructuring of debts
  • Opportunity to avoid bankruptcy
  • Opportunity to improve financial situation

Advantages for Creditors:

  • Increased chance of debt collection
  • Faster results than bankruptcy process
  • Future payments with debtor's continued activity
  • Reduced costs

Points to Consider in Concordat Process

The concordat process is a complex process that requires careful planning and management. To be successful in this process, attention should be paid to the following points:

  • Timely Application: Early intervention is important when financial difficulties begin
  • Realistic Proposal: Acceptable and applicable proposals for creditors should be prepared
  • Transparency: Financial situation and future plans should be shared clearly
  • Communication: Continuous and effective communication should be established with creditors
  • Professional Support: Support should be obtained from experienced legal advisors

Why Cebeci Law?

As Cebeci Law, we provide comprehensive legal consultancy services to our clients in the concordat process. With our experienced team and expert approach, we provide all the necessary support for the successful completion of the concordat process.

Our Service Approach:

  • Detailed situation analysis and strategy development
  • Personalized solution suggestions
  • 24/7 consultancy support
  • Transparent and reliable service approach
  • Result-oriented working principle