Commercial and corporate

Balance-sheet insolvency (borca batıklık)

The state in which a company's assets are insufficient to cover the claims of its creditors, its liabilities exceeding its assets.

All terms

Balance-sheet insolvency (borca batıklık) is the state in which a Turkish company's assets no longer cover its liabilities. It differs from a mere liquidity shortage: cash-flow difficulties may be temporary, whereas here the balance sheet shows that creditors' claims cannot be met in full.

Where such insolvency is suspected, the management body must prepare an interim balance sheet on both going-concern and liquidation values. If insolvency is confirmed, the situation must be notified to the court, which may result in the company's bankruptcy. Where recovery seems possible, a composition with creditors (konkordato) may be sought instead.

Failure to notify is one of the riskiest omissions for directors, as it can trigger their personal liability. The technical rules for calculating capital loss and insolvency are updated from time to time through secondary legislation.

Not to be confused with

Ödeme güçlüğü ile karıştırılmamalıdır: nakit sıkışıklığı geçici olabilir, borca batıklık ise bilançoya göre mal varlığının borçları karşılamaması hâlidir.

Statutory basis

  • TTK m.376
  • İİK m.179

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.