Accommodation Bills (Hatır Senedi) and Blank Notes

What is an Accommodation Bill?

In Turkish business culture, friends or contacts often ask: “Can you give me a promissory note so I can show it to the bank/supplier as collateral? I won’t actually use it.”

This is called an Accommodation Bill (Hatır Senedi). It is given without any underlying debt or exchange of goods, purely to help the other party.

The Legal Trap

Legally, an Accommodation Bill is VALID.

• Under the principle of “Abstraction,” a promissory note is independent of the underlying cause.
• If your “friend” (or usually, the bank/factor claiming from them) puts it into execution, you cannot simply tell the judge: “It was for accommodation, I owe nothing.”

How to Defend Yourself?

1. Written Evidence Rule (Senede Karşı Senet)

You generally cannot prove the “Accommodation” nature with witnesses. You must have Written Proof.

• Protocol: When giving the note, you should have signed a protocol stating: “Note serial No. X was given for accommodation purposes and bears no debt.”
• If you have this document, you can file a Negative Declaratory Action and win.

2. Bad Faith of the Third Party

If the note was transferred (endorsed) to a third party (e.g., a factoring company):

• You must prove that the third party knew it was an accommodation bill and acted in bad faith to harm you. This is extremely difficult to prove.

Signing a Blank Note (Beyaz İmza)

Signing a blank paper or a blank promissory note is “giving authority to the holder to fill it.”

• The Myth: “I signed it blank, so it’s invalid.” -> FALSE.
• The Reality: The holder can fill it for any amount (1 Million TL!).
• Standard of Proof: You bear the burden of proving it was filled contrary to the agreement. Again, you need a Written Agreement proving the limit (e.g., “This note can only be filled up to 10,000 TL”). Without it, you are liable for whatever amount is written.

Advice for Business Owners

1. Never give Accommodation Bills. It is financial suicide.
2. Never sign blank notes. Always write the amount and “This note is valid for X Contract security” (Teminat Senedi) on the back.
3. Retrieve your notes. When you pay a debt, ensure you get the physical note back and tear it up. A receipt of payment is sometimes not enough if the note is still circulating.

Legal Support: We help victims of accommodation bill abuse file Negative Declaratory Actions and Bad Faith Defenses. Contact us for case evaluation.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.