Unauthorised Capital Markets Activity: Article 109 Offence

Carrying out investment services and activities on a regular, commercial or professional basis is, as a rule, subject to the permission of the Capital Markets Board (SPK). Carrying out these activities without permission is regulated as an offence under Article 109 of Capital Markets Law No. 6362. The subject is covered below for information purposes.

⚖️ Scope of the Offence

Providing investment services and activities without the necessary permission or authorisation document from the SPK falls within unauthorised capital markets activity. Platforms that look like licensed brokerage firms, and transactions carried out without authority, may be assessed within this scope.

🌐 Unlicensed and Foreign Platforms

For platforms based abroad that have no legal entity or SPK permission in Türkiye, a foreign licence alone does not give authority to operate in Türkiye. This is why the SPK licence checkTR is important.

🛡️ From the Victim's Side

Those who suffer losses because of persons or institutions carrying out unauthorised activity may take part in the process through a criminal complaint and legal claims. The SPK has powers to stop unauthorised activities and to bring cases for the cancellation of their consequences.

❓ Frequently Asked Questions