When the identity of a child (under 18) or a restricted elderly person is obtained by someone else, an online bank or payment institution account can be opened with this identity. The account may become an intermediary through which fraudulent funds circulate. The person whose identity is used cannot testify as a legal entity; The burden of the process falls on the parent / guardian / immediate family.
Legal Framework
- TMK No. 4721 Article 16 — Those with limited capacity cannot take legal action
- TCK art.245/A and m.158/1-f — unauthorized use of identity information / fraud through information systems
- SAÖHK No. 5549 — bank KYC obligation; suspicious transaction report
- TMK no. 4721 art.327, art.371 et al. — parent/guardian responsibility and representation
Steps to be Taken by the Parent / Guardian
Direction of the Criminal Process
To identify the real perpetrator who opened/used the account in the investigation:
- IP, device fingerprint, SMS verification number used at account opening
- Monitoring sent and issued IBANs
- Determining the owner of the phone number to which the account is linked
- If there is negligence in the bank KYC process, a complaint can be made to the bank
Bank Liability
If the bank has shown negligence in account opening due to fake identity or remote identity verification (e-KYC) violation, legal proceedings may be taken against the bank on behalf of the victim. A claim for defective service or tort compensation under Article 49 of the Turkish Code of Obligations may be brought to the consumer court.
Negative Record Cleaning
To prevent the child/person from having problems in their financial life in the future:
- Objection and correction to Risk Center (KKB) records
- Detection and objection to interbank "blacklist" status
- Criminal record and UYAP record monitoring
Conclusion
Fast, versatile and document-based legal application of the parent and guardian is of critical importance in fraudulent accounts opened through child/limited ID. If the process is not managed correctly, the aggrieved ID holder may experience financial record problems for years. The result is file specific; It is not guaranteed.