The Conciliation Commissioner plays a key role in ensuring that the conciliation process is conducted in a healthy, transparent, and legally compliant manner. Appointed by the court, the commissioner both supervises the debtor's operations and protects the rights of creditors. Therefore, the duties and responsibilities of the commissioner are clearly defined by legislation.
Below are the main responsibilities of the conciliation commissioner explained in detail.
1. Examining the Financial Situation of the Debtor Company
The first duty of the Conciliation Commissioner is to evaluate the debtor company's financial structure comprehensively. For this purpose:
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Analysis of financial statements
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Examination of cash flow and debt repayment projections
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Assessment of the company's sustainability potential
Such analyses are critical to determine whether the conciliation plan is realistic and feasible.
2. Monitoring and Supervising the Debtor’s Activities
During the conciliation process, the debtor company is under court protection. Therefore, the commissioner:
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Closely monitors the debtor’s operations
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Prevents risks such as irregular transactions, asset diversion, or depletion
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Supervises the company’s extraordinary expenses
This ensures both the protection of creditors’ interests and the transparency of the process.
3. Protecting the Rights of Creditors
One of the most important responsibilities of the commissioner is to safeguard creditors’ rights. In this context:
These are among the commissioner’s duties.
4. Submitting Regular Reports to the Court
The conciliation process progresses through reports submitted to the court. The commissioner’s reporting duties include:
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Interim deadline report
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Interim reports
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Audit reports
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Final deadline report
These reports determine whether the court will grant additional time to the debtor or approve the conciliation plan.
5. Evaluating the Conciliation Plan
The commissioner objectively evaluates whether the conciliation plan submitted by the debtor:
and submits their opinion to the court.
6. Collaborating with the Creditors’ Committee
During the process, the commissioner:
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Organizes the meetings of the creditors’ committee
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Evaluates requests from the committee
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Ensures information flow between the committee and the debtor
This duty contributes to a harmonious progress between parties.
7. Ensuring Legal Compliance of the Process
The commissioner ensures that all stages of the conciliation process comply with:
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Legislation
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Court decisions
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Reporting standards
If necessary, they issue warnings to prevent legal risks.