- Commercial Books and Documents
Commercial books and documents are important tools used to record all financial transactions of a business, monitor its financial situation, and fulfill tax obligations. These records are also of great importance for evaluating the past and future financial performance of the business, informing investors, and serving as evidence in legal processes.
The Turkish Commercial Code (TCC) has imposed an obligation on all real and legal persons engaged in commercial activities to keep commercial books. Under this obligation, every merchant is required to record all transactions related to their commercial activities in books. The mentioned books and documents must clearly present the economic and financial situation of the commercial enterprise, the relationships of debts and receivables, and the results obtained within each accounting period.
- Storage of Commercial Books and Documents; Obligation, Duration, and Start
The storage of commercial books and documents is a legal obligation determined by regulations such as the Turkish Commercial Code (TCC) and the Tax Procedure Law (TPL). This regulation is necessary for monitoring the financial situation of businesses, fulfilling tax obligations, and being able to use them as evidence in potential legal processes.
- Storage Duration and Start
Turkish Commercial Code (TCC): According to the TCC, books must be kept for at least 10 years from the date of the last record, while other documents must also be kept for at least 10 years from their dates.
Tax Procedure Law (TPL): According to the TPL, books and documents must be kept for 5 years starting from the calendar year following the year they are related to.
The storage period begins from the date the relevant book or document is prepared. For example, a commercial book with the last record made in 2023 must be kept until 2033.
- Statute of Limitations for Lawsuits and Crimes
The Turkish Penal Code (TPC) has introduced regulations on the statute of limitations, which foresee the expiration of the right to punish if a lawsuit is not filed within certain periods after the commission of crimes or if the filed lawsuit is not concluded within the legal time frame. These regulations can affect both the state’s authority to punish and the execution of the punishment.
- Statute of Limitations for Lawsuits (TPC Art. 66): The statute of limitations for lawsuits is an institution that foresees the waiver of the state’s right to punish and the dismissal of the criminal case if a certain period has passed since the date of the crime, and no lawsuit has been filed or the filed lawsuit has not been concluded within the legal time. This period varies according to the type of crime.
- Statute of Limitations for Punishments (TPC Art. 68): The statute of limitations for punishments regulates the waiver of the execution of the punishment after a certain period has passed since the conviction has become final. The statute of limitations for punishments indicates the inability to execute the imposed punishment. In this case, unlike the statute of limitations for lawsuits, the state’s right to punish is eliminated, but the conviction remains valid. The durations of the statute of limitations for punishments may vary according to the type and severity of the conviction.
- Determination of Statute of Limitations Durations
In the general and special provisions section of the TPC, separate statute of limitations durations is specified for each crime. These durations may vary according to the type of crime, the characteristics of the perpetrator (for example, elderly or child), and the place where the crime was committed.
- Statute of Limitations for Lawsuits and Crimes in the Destruction of Commercial Books and Documents
As explained above, it is necessary to keep commercial books and documents for a period of 10 years under the Turkish Commercial Code (TCC) and the Tax Procedure Law (TPL). However, as mentioned again, the statute of limitations for lawsuits may, in some cases, be shorter than these storage periods, such as in the case of causing injury by negligence (8 years) or longer, such as in the case of causing death by negligence (15 years). Therefore, although it is stated that commercial books and documents must be kept for 10 years according to the TCC and TPL, if the statute of limitations for punishment regarding those books and documents is still ongoing at the end of this period, the destruction of the documents may lead to legal issues.
Example Cases:
- In crimes such as causing injury by negligence, forgery in official documents, and forgery in private documents, the statute of limitations for punishment is 8 years; however, in the case of causing death by negligence, the statute of limitations for lawsuits is 15 years. In this case, considering the existence of the 10-year storage period for commercial books and documents, even after this 10-year period, a criminal investigation or prosecution may continue.
Moreover, in cases where the penal laws foresee a longer statute of limitations, it is regulated in Article 72 of the Turkish Code of Obligations that the statute of limitations provided by the penal law must be applied; “The claim for compensation shall be subject to a statute of limitations of two years from the date the injured party learned of the damage and the liable party, and in any case, ten years from the date the act was committed. However, if the claim for compensation arises from an act that requires punishment and is subject to a longer statute of limitations under penal laws, this statute of limitations shall apply.”
For these reasons, during the storage and destruction of commercial books and documents, the relevant statutes of limitations for crimes and lawsuits must also be taken into account. The destruction process should be carried out when the statutes of limitations for crimes and lawsuits have expired. Otherwise, if the documents are destroyed before these periods expire, it may lead to the destruction of evidence that would prove the acts are subject to the crime, thus preventing the establishment of the material truth and leading to legal and penal issues.
IN CONCLUSION;
For the reasons explained, it is of great importance to consider the statutes of limitations for crimes during the destruction of commercial books and documents. Beyond the storage periods determined within the relevant legislation, actions must be taken in accordance with the statutes of limitations for crimes. It is necessary for businesses to manage these processes carefully to minimize potential legal and penal risks.