Commercial law · Legal information

How Does a Current-Account Contract Show the Receivable?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

In a current-account contract the receivable is shown not by invoices one by one, but by the balance that is struck. Items passed to the account dissolve inside the balance. An invoice that was never passed to the account is not counted as part of the balance. The closing day is not fixed in this article. The route of collection depends on the document of the balance.

The balance shows the receivable

The parties agree that they will not claim the items one by one, and that they will claim the balance at the end of the period. The debt appears when the balance becomes due in favour of the creditor. The account summary is the document that shows the balance. If there is no summary, a claim to the balance stays weak. The summary should carry the period, the items, and the resulting amount.

An invoice that was passed is not sued again as a separate receivable. Which item passed is looked for on the statement. An invoice that is not on the statement can be claimed separately, outside the current account. The two routes are not built at the same time for the same invoice. The creditor shows, with their own record, that the invoice was entered on the account.

What the contract creates

A current account is formed by the parties' agreement in that direction. If the agreement is in writing, the text says which items will enter and when the closing will be made. If it is not in writing, the statute's fallback rule is looked for. This article does not fix a number of days or months. The figure is in the contract, or in the current text.

Interest, a limit, and security also sit in the contract. An interest rate that is not in the contract is debated even if it was written on the statement. The rate is not in this article. If the statement and the contract conflict, the contract and the account reconciliation are read. A signed reconciliation strengthens the balance. An unsigned table is not counted as a reconciliation.

Objection and the record

If the debtor thinks an item in the balance is unwarranted, they write it item by item. A sentence of "I have no debt" does not show which invoice was rejected. The rejection is made with the invoice number and the amount. An objection not made in time does not in every case mean acceptance. The period is read from the contract and from the service.

When the creditor answers the objection, they enclose the dispatch note, the contract, or the delivery document for that item. If there is no document, the item can be taken off the balance. Taking it off does not of itself erase the other items.

The route of collection

Collection of the balance can be sought by notice, by enforcement proceedings, or by an action. The steps are in the commercial receivable article. This article does not build a sample request for proceedings. The amount in the proceedings should be the same as the balance that was struck. If the balance and the amount in the proceedings differ, the reason for the difference is shown.

When the current account closes, the balance becomes due. Closing appears by a letter of termination or by the closing of the period. One does not say "the account has closed" while there is no document of closing.

How the balance is read

Even if the account relationship is between two firms in Ankara, the contract is read according to the parties' registered offices. The office being in Çankaya does not change the closing day. A lawyer in Ankara first asks for the current-account contract, the latest closing summary, and the correspondence of objection.

Three things are separated from the statement. Which invoice entered the account? On which date was the closing made? In whose favour is the balance? If these three are missing, the amount in the enforcement proceedings is not built. If there is a signed reconciliation, that is the document of the balance. If there is not, a one-sided table is not written as a reconciliation.

If credit and debt enter the account together during the period, the balance is the difference between the two. The difference is not sued separately as if it were the total of the invoices one by one. Even so, the statement should show which items the difference came from. A balance of a single line that does not show them is open to an objection item by item. The creditor separates the document of the item the objection reached. The other items do not of themselves stop because of the item that was objected to.

The account should not be mixed with the limit of a bank credit. The limit may be part of the current-account contract. Going over the limit does not always mean that the balance has arisen. The overrun can have a contractual penalty, or default, discussed separately. The penalty rate is not in this article. The rate is read from the term in the contract.

Conclusion

In a current account the receivable is the balance. The items mix into the balance. An invoice that did not enter the account stands apart. The creditor presents together the statement of the period for which they will claim the balance, and the list of invoices that entered that period. If the list and the statement conflict, the conflicting item is explained separately. While there is no explanation, the balance is not treated as accepted without objection. The closing day is not fixed in this article. The frame is on the commercial law page. The basis is the text of the Turkish Commercial Code, Law No. 6102.

Legislation

Frequently asked questions

Does each invoice become a separate subject of an action?

An invoice passed to the account stays inside the balance. An invoice that was not passed does not of itself enter the balance. The statement shows which item passed.

How is the balance proved?

The closing balance is read from the account summary. An item that is objected to is shown by the line on the statement. A sentence of an oral agreement does not stand in for the summary.

Is collection explained on this page?

No. The route of enforcement proceedings and of an action is in the article on a commercial receivable. This page explains how the receivable appears as a balance.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Commercial law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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