| 1 | A/6 application to the liquidator bank: recording of the priority claim, correction of the A/2 reconciliation, a reserve for the duration of the dispute, and information on price and timetable | T.C. Ziraat Bankası A.Ş. (funds of founders other than Tera) / Türkiye İş Bankası A.Ş. (Tera funds) | At the outset; the A/3 reconciliation closes on 1 October 2026 | 57/1708 A/1, A/2, A/3, A/5, A/6 |
| 2 | Application to MKK: the reconciliation record, whether the unexecuted order is included, an annotation of dispute where necessary, and the registry and sub-account (PBLK, RHVN) records | Merkezi Kayıt Kuruluşu A.Ş. — Piyasa Operasyonları GMY | At the outset (as a request for correction, the A/2 period having expired) | A/2 |
| 3 | Application to Takasbank: TEFAS order / matching / cancellation / settlement logs, the source and time of the cancellation instruction, preservation of the records, A/6 notification | İstanbul Takas ve Saklama Bankası A.Ş. — Piyasalar ve Operasyon GMY / Fon Platformları Ekibi (TEFAS) | At the outset | A/6; preservation of evidence |
| 4 | Complaint to the SPK and application under art. 10 İYUK: determination of the scope of A/6, instructions to the liquidators, a reserve, an investigation and, where appropriate, a request that the SPK file a criminal complaint under art. 115 SPKn | The SPK (the application is addressed to the Board as a legal entity; unit concerned: Yatırım Fonları Dairesi Başkanlığı) | At the outset. If the authority does not reply within 60 days, the application is treated as impliedly rejected; an administrative action may then be brought within 60 days. | SPKn arts. 96, 128; İYUK art. 10. Note: an application to the SPK is not a route to compensation. The SPK reviews compliance with the legislation and does not award damages. |
| 5 | Formal notice, document request and A/6 notification to the distributor (bank or brokerage firm): order number, time of transmission, TEFAS status, cancellation message, account statement; preservation of the records | The bank or brokerage firm through which the order was placed | At the outset, allowing a reasonable period (for example, 7 days) | III-37.1, III-39.1, TBK art. 506 |
| 6 | Formal notice to the fund founder (its main function is to secure evidence and establish default) | Tera Portföy Yönetimi A.Ş. / Hedef Portföy Yönetimi A.Ş. / the founder concerned | At the outset | TBK art. 117 |
| 7 | TSPB Customer Disputes Arbitration Committee | Türkiye Sermaye Piyasaları Birliği (Turkish Capital Markets Association) | First a written complaint to the institution → 30 days to await a reply → application to the Committee within 60 days. The Committee’s decision may be challenged before the SPK. | TSPB Müşteri Uyuşmazlıkları Hakem Heyeti Yönergesi (the Committee’s directive) |
| 8 | Interim injunction / precautionary attachment against the assets of the founder, its managers or other persons liable (not against the fund’s assets) | Asliye Ticaret Mahkemesi (Commercial Court of First Instance) (enforcement office) | Ancillary to a damages claim; security may be required | HMK art. 389 et seq., art. 392; İİK art. 257. SPKn art. 53: fund assets cannot be attached, made subject to an interim injunction or included in a bankruptcy estate. A request to hold the claimed amount back from distribution (a reserve) is therefore made in the first instance to the liquidator bank and the SPK. |
| 9 | Court-ordered preservation of evidence | Asliye Ticaret / Sulh Hukuk Mahkemesi (Commercial Court of First Instance / Civil Court of Peace) | If the records are not provided | HMK art. 400 |
| 10 | Administrative courts: action for annulment following rejection or implied rejection under art. 10 İYUK; action for annulment of 57/1708 with a request for a stay of execution; full remedy action | İdare Mahkemesi (Administrative Court) / Danıştay (Council of State) (jurisdiction to be confirmed) | For 57/1708, 60 days from publication → 16 November 2026 (preclusive) | İYUK arts. 7, 10, 12–13 |
| 11 | Mandatory mediation and action for damages (founder, distributor, responsible managers) | Mediation office → Asliye Ticaret Mahkemesi | Once the liquidation distributions are clear. Limitation depends on the basis of the claim: TBK art. 72 (tort: 2 years from knowledge, 10 years in any event; if the act is a criminal offence, the criminal limitation period), TBK arts. 146–147 (contractual claims), TTK art. 560 (managers’ liability: 2 years from knowledge, 5 years from the act). | TTK art. 5/A (mediation as a precondition to suit); TBK arts. 49, 112, 506; TTK art. 553; SPKn arts. 52, 56 (liability of the portfolio custodian) |
| 12 | Criminal route: request that the SPK file a criminal complaint (for SPKn arts. 107 and 110 a complaint by the SPK is a precondition); complaint to the Chief Public Prosecutor’s Office for offences under the TCK; where an investigation is already under way, participation in it as a complainant | SPK; Cumhuriyet Başsavcılığı (Chief Public Prosecutor’s Office) | In parallel with the SPK’s review. TCK art. 155(1) (simple breach of trust) is prosecuted only on complaint: 6 months from knowledge of the act and the offender (TCK art. 73). The aggravated forms (TCK art. 155(2), art. 158) are prosecuted ex officio. | SPKn art. 115 (investigation of offences defined in the SPKn requires a written application by the SPK to the public prosecutor, a procedural precondition; the SPK becomes an intervening party once the indictment is accepted); TCK; CMK art. 237 (intervention) |
| 13 | Yatırımcı Tazmin Merkezi (YTM, Investor Compensation Centre) | YTM | Only where the SPK determines that an investment firm (brokerage firm / bank) is unable to return cash or capital market instruments held in its custody and a compensation decision is made. A portfolio management company is not an “investment firm” within the YTM scheme, and losses arising from the liquidation of funds and from market price movements are outside its scope (SPKn art. 84(2)). Claim period: 1 year from the announcement of the compensation decision (art. 85). Maximum for 2026: TRY 2,065,145 per investor. | SPKn arts. 82–85 |
| 14 | Complaint to the BDDK (deficient banking service, e.g. an undisclosed transfer to a pledge sub-account) | BDDK | If a written application to the bank goes unanswered | Banking Law No. 5411 |
| 15 | TBB Individual Customer Arbitration Committee (where the distribution channel is a bank, for disputes concerning banking services) | Türkiye Bankalar Birliği (Banks Association of Türkiye) | First a written application to the bank (30 days to reply) → application to the Committee within 60 days | Banking Law No. 5411, art. 80 |
| 16 | Consumer arbitration committee / consumer court (where the investor qualifies as a consumer) | Provincial or district consumer arbitration committee; consumer court | For 2026, disputes below TRY 186,000 must go to the arbitration committee; above that amount, mediation is a precondition to suit (TKHK art. 73/A) | Consumer Protection Law No. 6502 (TKHK), arts. 3, 68, 73 |
| 17 | Data subject access request under the KVKK (access to transaction and communication records) | The institution as data controller → if no reply, the Kişisel Verileri Koruma Kurulu (Personal Data Protection Board) | The institution must reply within 30 days at the latest | Personal Data Protection Law No. 6698 (KVKK), arts. 11, 13, 14 |