ERDEM-NEWSLETTER-2018-metin
296 NEWSLETTER 2018 • To be a Turkish citizen; • To have the relative experience 2 ; • To be fully competent; • To not have been bankrupt; • To not have had his/her duty as a concordat trustee terminated for non-compliance with the duty of care that the assignment required within the past three years; • To not have been removed from the profession or public offi- ce, nor banned from rendering an art or professional activity, from the date of assignment; • To not have been banned from public service; • To not be subject to any provision that restrains him/her from performing the duty of concordat trustee according to the relevant legislation with respect to his/her most recent occupation; • To not have been sentenced for the crimes set forth in parag- raph (ğ) of the Article; and • To not have connection to any terrorist organization. In the second paragraph of the relevant Article, it states that in the event three people are assigned as concordat trustee, it shall be preferred that one of them is a lawyer, and one of them is a certified public accountant. In the doctrine, it is underlined that it would be beneficial if the third trustee has specialty and experience in the field of operation of the debtor 3 . In fact, if the trustee makes informed 2 Article 4/1/c of the Regulation on the Qualifications of the Concordat Trustee and Compulsory Formation of the Board of Creditors: “Graduating from a uni - versity that provides at least four-year bachelor degree program, or domestic or overseas educational institutions that are accepted to be equivalent to these by the Council of Higher Education, and having at least five years of professional experience”. 3 Pekcanıtez, Hakan; Erdönmez, Güray : 7101 sayılı Kanun Çerçevesinde Kon- kordato, Istanbul 2018, p. 37.
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