{"id":10985,"date":"2025-10-07T09:36:47","date_gmt":"2025-10-07T09:36:47","guid":{"rendered":"https:\/\/azelhukuk.com\/?p=10985"},"modified":"2025-10-07T09:40:55","modified_gmt":"2025-10-07T09:40:55","slug":"agency-portfolio-compensation-and-agency-guarantee","status":"publish","type":"post","link":"https:\/\/azelhukuk.com\/en\/acente-portfoy-tazminati-ve-acente-teminati-nedir\/","title":{"rendered":"What are Agent Portfolio Compensation and Agent Guarantee?"},"content":{"rendered":"
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Agents, who are one of the key actors in commercial life, act as continuous and independent intermediaries on behalf of their principals. <\/span>Turkish Commercial Code numbered 6102<\/span><\/a> The TTK has introduced certain special regulations to protect the labour of the agent. At the forefront of these are portfolio compensation (indemnity claim) and agent's security.<\/span><\/p>

In this article, we will examine the conditions, scope, and calculation method of the portfolio compensation that the agent can claim after the termination of the contract, as well as the application of the agent's guarantee and the issues that need to be taken into consideration.<\/span><\/p>

Legal Basis of Portfolio Compensation<\/b><\/h2>

According to Article 122 of the Turkish Commercial Code, when the agency agreement is terminated, the agent is, under certain conditions, entitled to a fair and equitable <\/span>compensation<\/span><\/a> may request.<\/span><\/p>

The balancing claim is not compensation in the traditional sense. The purpose here is not to remedy damage arising from fault, but to ensure that the agent receives a fair share of the customer portfolio that they have brought to the principal. For this reason, in practice, it is referred to by names such as portfolio compensation, customer compensation, or balancing claim.<\/span><\/p>

Conditions for Entitlement to Portfolio Compensation<\/b><\/h2>

According to the provision of Article 122 of the TCC, three basic conditions must be met together for the commercial agent to be able to claim portfolio compensation:<\/span><\/p>

  1. Acquisition of new customers and provision of benefits:<\/b> The agent must acquire new clients for the principal through its activities, and the principal must continue to generate revenue from these clients even after the contract has terminated.<\/span><\/li>
  2. Loss of earnings:<\/b> Upon termination of the contract, the agent must be deprived of the commission or similar income to be derived from these customers.<\/span><\/li>
  3. Equity<\/b> Depending on the circumstances of the specific case, the payment of compensation must be fair and equitable. The Court of Cassation also places significant emphasis on this criterion in its jurisprudence.<\/span>

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    Circumstances in which Entitlement to Portfolio Compensation Does Not Arise<\/b><\/h2>

    The agent cannot assert this right in every circumstance. The claim for portfolio compensation is rejected in the following situations:<\/span><\/p>