This post provides a focused overview of the legal policies governing misuse of corporate assets in Turkey (TR) as of 2025, with direct reference to the core regulations and criminal liability involved. All highlights are drawn strictly from national legislation and authoritative sources in Turkey.
Legal Framework for Misuse of Corporate Assets in Turkey
In Turkey, the misuse of corporate assets is expressly addressed within the country’s primary commercial and penal legislation. The Turkish Commercial Code (Türk Ticaret Kanunu) and the Turkish Penal Code (Türk Ceza Kanunu) set out guiding principles, liabilities, and penalties for individuals or entities found guilty of abusing company resources for unauthorized personal gain or non-corporate interests.
Criminal Liability
Current policy in Turkey (2025) confirms that criminal liability applies to cases of misuse of corporate assets. This means not only civil or administrative penalties, but also the possibility of prosecution and criminal sentencing for relevant offenders.
| Aspect | Description | Law Reference |
|---|---|---|
| Criminal Liability | Applies | Yes |
| Criminal Code Reference | Specifically articulated | Turkish Commercial Code No. 6102, Article 562/5; Turkish Penal Code No. 5237, Article 155 |
Relevant Laws and Their Scope
The primary legislative tools are as follows:
- Turkish Commercial Code (No. 6102, Art. 562/5): This article addresses the responsibilities of company officers, executives, and managers regarding company resources. Penalties for illegal usage or appropriation of assets are articulated, targeting breaches such as unjustified expenditures or unauthorized transfers.
- Turkish Penal Code (No. 5237, Art. 155 – Abuse of Trust): This provision criminalizes acts of abusing trust, which extends to directors or agents exploiting their position to misuse company property, funds, or assets. It also specifies elements of intent, providing broad legal reach to address complex misuse scenarios.
Current Practice: Enforcement and Application (2025)
Prosecution of the misuse of corporate assets relies on a combination of reported violations, internal company audits, and legal investigation. Both codes work synergistically: the Commercial Code sets the corporate standard, while the Penal Code enables criminal sanctions and court processes for proven abuse. Corporate directors, board members, and even employees potentially face penalty proceedings if found in violation of these laws.
Summary Table: Misuse of Corporate Assets Regulation in Turkey (2025)
| Parameter | Status / Provision | Regulation Source |
|---|---|---|
| Criminal Liability | Yes (prosecution possible) | Commercial Code Art. 562/5; Penal Code Art. 155 |
| Law Text (EN Summary) | Prohibits unauthorized use of company assets by directors or officers, criminalizes abuse of entrusted assets | Official text – mevzuat.gov.tr |
| Applies to | Directors, board members, authorized officers, employees | As defined under Turkish Commercial Code |
| Year Effective | 2025 | N/A |
Pro Tips for Navigating Corporate Asset Policies in Turkey
- Regularly review internal company procedures to ensure clear documentation and traceability for all asset movements and expenditures.
- Leverage annual compliance audits to proactively identify risks or ambiguities in asset use by directors or employees.
- When assigning asset management duties, provide specific written guidelines about lawful and unlawful usage, referencing the above legislative articles as part of corporate policy handbooks.
- If unclear about the application of Articles 562/5 or 155, consult legal counsel specializing in Turkish corporate or criminal law to preempt inadvertent breaches.
Key Points on Compliance
In 2025, Turkish law offers a clear, robust framework against the misuse of corporate assets, underpinning strict criminal liability for breaches. Enforcement is grounded in two authoritative codes, both of which are accessible through Turkey’s official government repository at mevzuat.gov.tr. Maintaining compliance relies heavily on transparent internal governance and regular legal review. For any business or professional operating in Turkey, these statutory references and compliance steps are crucial to protect both corporate value and individual liability exposure.