Sales Procedure

Arkadaslar merhaba,
Bu grubun bir uyesi olmakla birlikte, surekli ingilizce gerektiren islerde ugrasmama ragmen biraz da yogunluk nedeniyle istememe ragmen pek efektif olamadim. Kendi yaptigim tercumeleri sizlerle paylasmak isterim, yanlisi eksigi tabiiki olabilir eklemeyi veya duzeltmek istediginiz bolumler olursa gerekli guncellemeleri yapabilirsiniz. Turkiye'de menkul mallar ve ozellikle de haciz edilip icradan satisa cikartilan araclar uzerinde satis prosedurunun nasil calistigina iliskin ingilizce bir kaynak hazirlamistim kendi kendime. Bunu sizlerle paylasiyorum:

SALES PROCEDURE

A vehicle which has been attached is enforced to be sold under execution within a determined period of time through either a foreclosure suit or other methods of execution proceedings followed by the phases mentioned below:

1-It starts with an actual attachment procedure since the vehicle has been confiscated hence comes the latter proceeding which is called the valuation of the confiscated. This stated transaction is processed through an acquisition of enforcement order to be rendered for the vehicle retained in the parking garage which is subject to the laws of the competent court in the area.

2-The valuation report and the writ according to the section 103 of the Execution and Bankruptcy Law are served to notify the related parties and the debtor upon the completion of the actual attachment process. Should there be no demur, exception or objection to the valuation report within 7 days since the time of notification or no declaration concerning the attachment within 3 days, the sales procedure shall be continued based on the attachment and the valuation report. Meanwhile, this process brings forth an other essential and important issue which is a document to be received from the related traffic department of which this vehicle is registered to indicating the entire incumbrances in its registry in order to determine whether or not other attachments are present and permanent concerning other claimants to be stated and confirmed in its registry records thus their valuations according to the section 100.

3- A sales order shall be received from the execution office where the actual attachment has been proceeded before, following the proof of service in its folder according to section 103 and 100.

4-Having received the sales order, an application shall be made to the execution office where the vehicle is located and preceding transaction of its actual attachment has been processed in order to be rendered by way of issuing a communication to the related parties since on-sale date and time have been confirmed. What is more that the confirmed date and time will have been advertised in the newspaper as shall be expected on-sale date to appear to be present at the execution office in order to attend the bidding (auction).

5- The bidding (auction) is commenced and completed with the bidders including us as attorneys in case of being entitled and authorised to purchase by your administrative authorities. However though, as regards your company becomes a bidder as one part, it is mandatory to provide with a guarantee fund which is 20% of ad valorem. As a result of sales process, the vehicle shall eventually be allocated to the highest bidder in the auction.

6-The sales bidding cost must be paid to the execution office where the bidding is executed within 7 days otherwise will be rescinded by execution office management according to law. The sales and bidding proceedings are considered to become final and definite in order to initialise the procedure for allocation of the vehicle by means of transferring the bidding cost within 7 days and in case unless a suit for rescission of the bidding will have been brought an action within 7 days of time starting from the date of bidding. Should a suit for rescission of the bidding be brought an action within 7 days of time starting from the date of bidding, it never will become final and definite until the end of the court case which is a period of time to be anticipated.

7- In case of entire sales and bidding process become definite and final, statutory levies such as VAT, stamp duty, brokerage fee etc and other expenses pertaining to vehicle must be collected in order for it to be received from the executionary office where the sales, bidding and auction are all executed. This rate is 20% of ad valorem. As a result of following all these steps incrementally mentioned above, the vehicle shall be allocated to the highest bidder (buyer) in return for an offical written report of proceedings arranged and prepared by Execution Office.

8-The bidding cost shall be delegated to the principal records at the execution office following necessary deductions made from the execution records of which the sales process has been completed. (ancillary receiver’s fee etc.)To the extent that the vehicle be allocated through a method of foreclosure suit whilst receiving the amount, some fees will have to be exorted of which its rate shall be 11% (9% collection charges and 2% jailhouse charges) and 3.8% (2% collection charges and 1.8% jailhouse charges) in case if proceeded through other methods of enforcement proceedings.

Kaynak olarak gunluk uygulamadan ve hicbir hukuk kitabina tam anlamiyla bagli kalmadan bir avukat arkadasimin turkce hazirlayip derledikten sonra bana tercume etmem icin gonderdigi bir dokumandir. Belki icerikte eksikler de olabilir. Sadece gonderilen paylasilan bilginin tercumesini yaptim, yine de kullanisli olabilir.