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Tüzük (ING)

STATUTE OF LIBERAL DEMOCRACY MOVEMENT ASSOCIATION

 

Name of the Association and the Headquarters

Article - 1

Name of Association is "Liberal Democracy Movement Association" . The Organization's headquarters are located in  Istanbul.

 

The association shall pursue the following objectives by chasing below mentioned works and activities.

 

Article – 2

The association has been established for conducting surveys ,publishing those survey results, executing illuminating activities in the fields of Liberalism, Democracy, Society and Economy in the direction of Ataturk’s  principles  and reforms , within the frame work of Democratic, Republican, Liberal ideas, to promote Liberalism which based on human fundamental rights and freedoms ,happiness and wealth of the individual, trying to ensure the realization of Liberal Democracy, sharing ideas and thoughts, to help civil society activities develop and become more effective and to support individuals and organizations who work in this regard.

Work frames an the formats of the activities that will be carried out by the association

1-Conducting researches in order to improve activities and make them more efficient,

2-Organizing training programs such as courses, seminars, conferences and, panels,

3-Providing all kind of necessary information, documents and publications. Establishing documentation center,

issuing information bulletins in order to distribute to members alongside the publications such as news papers, magazines, books, in the line of the objective

in order to publicize activities to realize the purpose.

4- Providing an appropriate working environment, all kinds of technical tools , fixtures and stationery supplies, in order to achieve  the goal .

5-Obtaining necessary permissions in order to engage in fundraising and to accept donations within the country and abroad.

6-Establishing and operating economic, commercial and industrial businesses  in order to provide revenue needed to achieve the objectives of the organization.

7-Setting up clubhouse, social and cultural facilities and furnishing them, for the members benefit from and making good use of their free time.

8-Organizing  luncheons, concerts, balls, theaters, exhibitions, sports, sightseeing , fun activities and so on or ensuring  members benefit from such activities  in order to have human relations among the members   develop and continue.

9-Buying ,selling, renting, leasing stocks and real estates that are needed for the activities of the association and having real rights established over them .

10- Establishing foundation, federation or joining to a federation that's already founded, for the realization of goal in case considered necessary.

 

11-Engaging in international activities,  becoming member of  associations or institutions abroad, and getting into joint efforts with these organizations on project basis or supporting one another.

 

12-Carrying out joint projects with the public institutions and establishments  within the scope of their duty if it is deemed necessary ,on the condition that the provision of act number 5072 ,regulating  relations of Associations and Foundations with public institutions and establishments are to be reserved.

 

13-Setting up a fund in order to meet  the essential needs of association members such as food , clothing and alongside with other goods and services to meet

their needs of short-term loan .

14-Opening representative office where necessary, in order to carry out the activities of the association .

15-Forming platforms with other associations , foundations, trade unions or other civil society organizations to achieve a common goal in areas relevant to the purpose of the association and not prohibited by law.

 

 

 

Areas of Activity

The association is to operate in the political and social fields.

 

Right to become a member and procedure for membership.

Article  3- Every natural person and legal entity who has legal capacity, internalizing  the purpose and principles of the associations, accepting to work on this direction and

meeting the conditions of legal requirements have the right to become a member of this association. However,  foreign natural persons must also have the right to settle in Turkey  in order to become member. This condition is not required for honorary membership.

 

Application for membership  to be made to the presidency of the Association in writing and decision to be settled within thirty days in the form of acceptance or rejection of membership and  the applicant to be notified . The name of the applicant who is accepted to membership shall be registered in the book being kept for this purpose. Full members of the association consist of the founders of the association and those members whose applications have been accepted by the Board of Directors. Those who have provided important material and moral support for the association may be accepted as honorary members on a decision of the Board of Directors.

 

 

Resignation from membership

Article 4- Each and every member is entitled the right to resign from association by notifying his/her resignation in writing.

 

The resignation procedure shall be deemed complete upon receipt of the resignation letter of the member by the Board of Directors. Withdrawal from membership shall not end the accumulated unpaid depts.

 

shall notify, in writing, the association has the right to resign. When it reaches the output operations resignation petition the Board of Directors shall be deemed concluded. Withdrawal, the member association does not terminate member's accumulated debts.

 

Termination of Membership

 

Article 5-The causes necessitating dismissal from membership of association, are:

 

1-         Acting contrary to the statute of the Association,

2-         Disruption  of the unity and solidarity among the members,

3-         Continuously avoiding the assigned tasks,

4-         Failure of paying membership fees consecutively for more than 6 months.

5-         Disobedience to the decisions of the Association's bodies,

6-         Failure in joining General Assembly meetings two consecutive times

7-         Putting association under obligation without obtaining authorization from association.

8-          Losing the conditions necessary to be a member.

9-          Failure in attending  three consecutive times to training programs such as courses, seminars, conferences and panels ,that to take place which times and places  to be determined by the boards of directors..

 

In case of determination of the existence of one of the above circumstances, members to be removed from membership by the decision of the Board of Directors.

 

Those who resigned or expelled from the association shall be deleted from the member registry book and they can not have any legal claim on the assets of the Association.

 

Bodies of the Association

 

Article 6-Bodies of the Association have been listed below:

 

1-         General Assembly,

2-         Board of Directors,

3-         Supervisory Board

 

 

 

Formation of the General Assembly of the Association, Meeting Time and Call and the Meeting Procedure

 

 

Article - 7

The General Assembly is the most authoritative decision making body of the association and is formed of the registered members of the association.

 The General Assembly meetings;

1-Ordinary meeting at the time indicated in the statute,

2-Extraordinary meeting in case the Board of Directors or the Supervisory Board shall deem it necessary or upon request of one fifth of the members of the association, within thirty days.

Ordinary meeting shall be made every three years in February, at the day, time and place determined by the Board of Directors.

General Assembly to be summoned for meeting by the Board of Directors.

 

If the Board of Directors fails to summon the General Assembly for meeting;  the magistrate shall assign three members to summon the General Assembly for meeting, upon application of one of the members.

Method of Invitation

 

Board of Directors shall prepare the list of members who have the right to attend the General Assembly in accordance with the association's statute. Members who have the right to attend the General Assembly shall be summoned for the meeting at least fifteen days in advance, by announcing the day, time, place and the agenda of the meeting, at a newspaper or with a written notice or via e-mail. If the meeting cannot be held because a quorum is not achieved; the day, time and place of the second meeting shall also be stated in this notice. The period between the first and second meetings shall not be less than seven days and not more than sixty days.

If the meeting is postponed for a reason other than failure to achieve a quorum, this situation together with the reasons for the postponement, shall be announced to the members in accordance with the method of notice carried out for the first meeting. It is compulsory that the second meeting is made within and not later than six months of the date of postponement. Members shall be called for the second meeting according to the principles stated in the first paragraph.

 

Method of Meeting

 

General Assembly to meet with a simple majority of the members who have the right to attend and the presence of more than two thirds of the members are required in the case of an amendment of statute or the dissolution of the association; in case of postponement of the meeting due to lack of quorum, quorum is not sought in the second meeting. However, the number of members attending this meeting shall not be less than twice the number of members of the Board of Directors and the Supervisory Board.

A list of the members who have the right to attend the General Assembly shall be kept ready at the meeting place. Identification cards of the members, issued by formal authorities, shall be checked by officials authorized by the members of the Board of Directors or the members of the Board of Directors itself. Members shall enter the meeting place by putting their signatures next to their names on the list , prepared by the Board of Directors.

           

 

 

Meeting Procedure

The General Assembly of the absolute majority of the members entitled to participate in, in case of dissolution of the association of the two-thirds of charter change and meets the majority of the second meeting shall not be required in the event of postponement of the meeting due to lack of majority. However, the number of members attending this meeting, the management and supervisory board members shall not be less than twice the number. List of members who are entitled to attend the general meeting shall be present at the meeting. Officially issued identity documents to members attending the meeting, board members or officers designated by the board of directors is controlled. Members of the Board of Directors by signing their names on the list, enter the meeting.

If the quorum is met, the situation shall be detected with a  record and the meeting shall be opened by the Chairman of the Board of Directors or a member of the Board of Directors assigned by the Chairman of the Board of Directors. In case of failure to meet the quorum, a report shall be prepared by the Board of Directors.

After the opening, a council committee shall be formed to manage the meeting by electing a president and a sufficient number of vice presidents and a secretary.

When voting for election of the official bodies of the association, voters must show their identification cards to the council committee and put their signature next to their names on the list. Chairman of the council committee is responsible for the management and security of the meeting. Only the agenda items are discussed in the General Assembly. However, it is compulsory to add those items to the agenda which have been requested in writing by one tenth of the members attending the meeting. Each member has the right to one vote in the General Assembly; each member must personally use his vote. Honorary members can attend the General Assembly meetings yet they cannot vote. In case of membership of a legal entity, Chairman of the Board of Directors of the legal entity or its representative shall vote.        The items discussed and decisions taken in the meeting shall be written down as a report and signed by the Chairman of the council committee and the secretaries. At the end of the meeting, the report and other documents shall be submitted to the Chairman of the Board of Directors. Chairman of the Board of Directors is responsible for protection of these documents and submission to the newly elected Board of Directors within seven days.

 

 

 

Methods and Ways of Voting and Decision Making of the General Assembly

 

Article 8-

If a decision to the contrary has not been taken, election of the Board of Directors and the Supervisory Board is done with secret balloting whereas decisions regarding all other issues are taken with open vote. Secret ballots are gathered by casting ballots, stamped by the Chairman of the Meeting, in an empty bowl after being properly marked by the voting members and are determined by open counting upon completion of balloting. In open balloting, the method determined by the Chairman of the General Assembly shall be used. Decisions of the General Assembly are taken with quorum of the members attending the meeting. Insofar, decisions about amending the statute or dissolving the association can only be taken if more than two thirds of the members are present at the meeting.

 

Decisions Taken Without a Meeting or a Notice

 

Decisions taken with the written attendance of all members without gathering, as well as unanimous decisions taken by all members of the association without obeying the written notification method are valid. This kind of decisions  shall not be counted in place of ordinary meetings.

 

Rights and Duties of the General Assembly

 

Article 9-Items listed below shall be discussed and decided by the General Assembly:

 

1-         Election of the bodies of the association,,

 

2-         Amendment to the statute of the association,

 

3-         Discussion of the reports of the Board of Directors and the Supervisory Board and clearance of the Board of Directors,

 

4-         Discussion of the budget prepared by the Board of Directors and acceptance completely or with alterations .

 

5-         Purchase of property necessary for the association or granting authority to the Board of Directors about selling currently held properties,

 

6-         Examination of the regulations which shall be prepared by the Board of Directors about works of the association and approval thereof completely or with alterations,

 

7-         Determination of the salaries, all kinds of funds, allowances and compensations that are to be paid to the non-public employee Chairman and members of the Board of Directors and the Supervisory Board of the Association as well as daily wages and allowances that are to be paid to those members authorized for the services of the association,

 

8-         Deciding whether the association should join or leave a federation and giving authorization to the board of directors in this respect.

 

9-         Conducting international activities, joining or leaving international associations and institutions,

 

10-       Establishing a foundation,

 

11-       Dissolving the Association,

 

12-       Examining the other proposals of the Board of Directors and taking decisions regarding these proposals,

 

13-       Realization of other duties which need to be carried out by the General Assembly in line with the legislation.

 

General Assembly shall supervise other bodies of the association and always can relieve them of duty if there is a valid reason.

 

General Assembly shall take the final decision about acceptance to or termination of membership. As the most authoritative body of the association, it carries out the duties and uses the authorities which have not been assigned to other bodies.

 

 

 Formation, Duties and Rights of the Board of Directors

 

Article 10

Board of Directors to be elected by the General Assembly as five full members and five alternate members

 

The Board of Directors shall divide the tasks and elect a chairman,  vice chairperson,  secretary ,accountant and a member, in its first meeting after the election. The Board of Directors may be summoned at any time for a meeting .with the condition that all members are notified. The meeting is held if one more than half of the total number of members is present. Decisions shall be taken with quorum of the attending members. In  case of equal vote, chairperson’s vote constitute a quorum.

 

In case of vacancies in full members of the Board of Directors due to resignation or for other reasons, it is compulsory to summon the substitute members to the meeting according to the number of votes they received.

 

Rights and Duties of the Board of Directors

 

Board of Directors shall do the following:

 

1-         Represent the association or to authorize one or more of its members in this respect,

 

2-         Carry out the transactions regarding the income and expense accounts and prepare the budget for the next term and submit the same to the General Assembly, determine and gather the funds and activity contributions, determine the monthly subscription dues at the beginning of each financial year for that year,

 

3-         Prepare the regulations about activities of the association and submit the same for the approval of the General Assembly,

 

4-         Purchase properties with the authority given by the General Assembly, sell assets &properties that belong to the Association, have buildings or facilities built, make rental contracts, establish pledges, liens and real rights on behalf of the association,

 

5-         Establish agencies wherever necessary,

 

6-         Apply the decisions taken in the General Assembly,

 

7-         Prepare reports regarding the operating account table or balance sheet and income statement of the association and regarding the activities of the Board of Directors at the end of each operating year,

 

8-         Implement the budget,

 

9-         Decide about acceptance to and termination of memberships to and from the association,

 

10-       Taking and Appling all kinds of decisions for realization of the objectives of the association  ,

 

11-       Carrying out other duties and using authorities given by the legislation.

 

Formation, Duties and Rights of the Supervisory Board

 

Article 11-Supervisory Board is elected by the General Assembly as three full members and three replacement members. In case of vacancy due to resignation or for other reasons in the Supervisory Board, it is compulsory to summon the replacement members to duty according to the number of votes they received.

 

Rights and Duties of the Supervisory Board

 

Supervisory Board supervises whether the association is acting in line with the working items that needs to be carried out for the objectives and realization of the objectives mentioned in the statute; whether the books, accounts and records are kept in accordance with the legislation and the statute, and in line with the principles and procedures indicated in the statute of the association, for periods no longer than a year and submits the results of the supervision as a report to the Board of Directors. When necessary, the Supervisory Board calls the General Assembly for a meeting..

 

 

Association's Sources of Income

 

Article 12-Association's sources of income are listed below:.

 

1-         Subscription dues: 10 TL as Admission fee and 10 TL as monthly subscription dues are to be collected from the members. Board of Directors has the right to increase the amount of the subscription dues.

 

 

2-         Donations and aids made by real persons and legal entities at their own will.

 

3-         Incomes obtained from activities such as tea and dinner parties, trips and entertainments, shows, concerts, sports competitions and conferences.

 

4-         Incomes obtained from the assets of the association.

 

5-         Donations and aids which shall be collected in accordance with the provisions of the legislation about collection of aids.

 

6-         Incomes obtained from the commercial activities of the association those to be carried out to realize it's objectives.

 

7-         Other revenues.

 

 

 

 

 

 

Principles and Methods of Bookkeeping and the Books

 

Article 13.

Principles of bookkeeping; Association shall keep the books on operational accounting method. However, if annual gross income exceeds 500 thousand TL, the books shall be kept on balance sheet basis from the following year on.

 

In case of a switch to the balance sheet basis, if the above said limit cannot be met for two subsequent accounting periods, it is possible to switch back to operational accounting method from the following year on.

 

Notwithstanding with the above-mentioned limit, it is possible to keep the books on balance sheet basis with the decision of the Board of Directors.

In the event of commercial operation started by the association,  for this commercial enterprise books to be kept in accordance with the provisions of the Tax Procedure Law.

Method of Registry

 

Books and registries of the Association shall be kept in accordance with the procedures and principles stated in the Associations' Regulations.

 

Books

Association shall keep the following books:

 

a)Books that shall be kept on operational accounting and the principles that should be followed are as follows:

 

1-         Decision Book: Decisions of the Board of Directors shall be recorded in this book with their dates and numbers in a consecutive manner and the decisions shall be signed by the members who attended the meeting.

 

2-         Member Registry: Identification information, admittance and removal dates of the members of the association shall be recorded in this book. Admission fee and annual subscription dues may also be recorded in this book.

 

3-         Document Registry: Documents that have been received and sent to be registered in this book with their dates and numbers chronologically. Originals of the received documents and copies of the sent documents are to be stored. Copies of documents which have been received and sent through e-mails are to be stored by way of taking print-outs.

 

4-         Inventory Book: Date and way of obtaining of the inventories of the association as well as the places they are being used or given and deletion of the inventories the term of use of which has ended shall be recorded in this book.

 

5-         Operation Account Book: Incomes received and expenses made on behalf of the association shall be recorded in this book clearly and regularly.

 

6-         Receipt Registry: Serial and sequence numbers of the receipts, names, surnames and signatures of the persons who received and returned these documents and the dates when received and returned these documents shall be recorded in this book.

 

b) Books that shall be kept  following the balance sheet accounting basis and the principles that should be followed are as below:

 

1-         Books listed in subparagraphs 1, 2, 3 and 6 of paragraph (a) shall be kept also when books are kept on balance sheet basis.

 

2-         Day Book, Ledger and Inventory Book: These books are to be kept and registered according to Tax Procedure Law and General Communique on Application of the Accounting System published pursuant to the authority this law gave to the Ministry of Finance.

 

Certification of the Books

 

Books which must be kept by the association shall be certified by the Municipal Associations' Office or a Notary Public before being used. These books shall be used until their pages are all completed and there shall not be any interim certification of the books. Yet, books kept on a balance sheet basis as well as form books and books with form pages must be re-certified annually in the last month  prior to the year that they will be used.

 

Preparation of the Income Statement and the Balance Sheet

 

In case of bookkeeping on operational accounting basis, at the end of each year (December 31st) (stated in Annex 16 of the Associations' Regulations), "Business Account Statement" shall be prepared. In case of bookkeeping on balance sheet basis, at the end of each year (December 31st), balance sheet and the income statement shall be prepared based on the General Communiques on Application of the Accounting System of the Ministry of Finance.

 

 

 

Incomes and Expenses of the Association

 

Article 14-Documents showing the incomes and expenses;

 

Incomes of the association shall be collected with the "Document of Receipt" (a sample of which is shown in Annex 17 of the Associations' Regulations). In case of collection of the associations' incomes through a bank, payment receipts and account statements that are prepared by the bank shall be accepted as receipt documents. Expenses of the association shall be made with expense documents such as invoices, retail sales slips and self-employment receipts. However, for payments of the Association comprised in Article 94 of the Income Tax Law, expenses voucher pursuant to Tax Procedure Law and for other payments, expense receipt shall be issued (a sample of which is shown in Annex 13 of the Associations' Regulations).   Delivery of goods and services to persons, institutions or corporations free of charge, (a sample of which is shown in Annex 14 of the Associations' Regulations), shall be done with "Kind Donation Delivery Document". Delivery of goods and services to the association by persons, institutions or corporations free of charge, (a sample of which is shown in Annex 15 of the Associations' Regulations), shall be accepted with "Kind Donation Receipt".

 

Receipts

Receipts which shall be used for collection of the association's incomes, (a sample of which is shown in Annex 17 of the Associations' Regulations), shall be published by a printing house in upon the decision of the Board of Directors.

 

Publication, control, receiving from the printing house, registering the same to the books, handover between the new and former treasurers and use of these receipts by the person(s) who shall collect incomes with receipts on behalf of the association and delivery of the collected incomes shall be done in accordance with the

related provisions of the "Associations' Regulation" legislation.

 

Authorization Certificate

 

Person(s) who shall collect incomes on behalf of the association as well as their term of duty shall be determined with a decision of the Board of Directors. The Authorization Certificate including full identity, signature and a photograph of those who shall collect incomes (a sample of which is shown in Annex 19 of the Associations' Regulations), shall be issued in three originals and approved by the chairman of the Board of Directors. A copy of each of the authorization certificates shall be given to the Associations' Authority. Any amendments on the authorization certificate shall be conveyed to the Associations' Authority within fifteen days by the chairman of the Board of Directors. Those people, who shall collect incomes on behalf of the association, shall begin to collect incomes only after submission of a copy of their authorization certificates to the Associations' Authority.

 

Use, renewal and return of the authorization certificates and other issues shall be handled according to the related articles of the "Associations' Regulation" legislation.

 

 

Retention Period of income and expenditure documents;

They are kept for 5 years in accordance with the order of recording dates and numbers , with the exception of the books, income and expenditure documents with other documents used by the association, without prejudice to the  periods of time specified in the special laws .

 

Submission of Statement

 

Article 15-"Association's Statement" (shown at Annex  21 of the Associations' Regulations), related to the results of its activities in the previous year as well as the income and expense transactions as of the end of that year, shall be filled in by the Board of Directors and submitted to the local civil administration authority by the Chairman of the Association within the first four months of each calendar year.

 

Notification Obligation

Article 16-Notifications to the civil authority;

 

  General Assembly Result Notification

Within thirty days following ordinary and extraordinary general assemblies, "General Assembly Results Notification" including Board of Directors and the Supervisory Board as well as the full members  and substitute  members elected for other bodies (submitted in Annex 3 of the Associations' Regulations) and its annexes shall be submitted to the civil administration authority by the Chairman of the Board of Directors:

 

The following documents shall be attached to the general assembly results notification;

 

1-         A copy of the report about the general assembly signed by the Council Chairman, Assistants to the Council Chairmen and the secretary,

 

2-         In case of amendments on the statute, new and former state of the amended articles of the statute  as well as the latest version of the statute of the associations , each page of which has been signed by the Board of Directors.

 

Notification about Property

 

 

Civil administration authority shall be notified about the properties acquired by the Association within thirty days as of the date of their record at the land registry (submitted in Annex 26 of the Associations Regulations).

 

Notification about Receiving Aids from Abroad

 

If the Association receives aids from abroad, civil administration authority shall be notified about this prior to the transaction by way of submitting two originals of "Notification about Receiving Aids from Abroad" form (stated in Annex 4 of the Associations Regulations).

 

A copy of the decision of the Board of Directors about receiving aids from abroad, copies of the protocols prepared in this respect (if it exists), contracts and similar documents as well as the payment receipt related to the account  that the aids have been transferred, account statements and similar documents shall be attached to the notification form.

 

It is compulsory that aids in cash shall be received through bank transfers and notification shall be made before using these aids.

 

Notification about the Mutual Projects Conducted with Public Institutions and Corporations

 

A copy of the protocol and project prepared about the mutual projects conducted with public institutions or corporations related to matters about the duties of the association shall be annexed to the "Project Notification" (Shown on Annex 23 of Associations' Regulations) and submitted to the governorship of the place where the  headquarters of the association is located within a month from the date of the protocol.

 

 

Notification of Changes

 

Civil administration authority shall be notified about the following changes within thirty days as of the date when the change took place: change of location of the association with the "Notification about Change of Location" form (stated in Annex 24 of Associations Regulations), changes about the bodies of the association excluding those made at the General Assembly with the "Notification about Change in the Bodies of the Association" (stated in Annex 25 of Associations Regulations).

 

Civil administration authority shall be notified about any amendments made on the statute of the association within thirty days as of the date when the change has been made at the General Assembly, in the annex of the General Assembly Results Notification.

 

Internal Audit of the Association

 

Article 17- Audit of the association can be done internally by the General Assembly, Board of Directors or the Supervisory Board as well as independent institutions. The fact that audit being carried out by the General Assembly, Board of Directors or independent institutions shall not relieve the obligation of the Supervisory Board.

 

Supervisory Board shall make internal audit at least once a year. General Assembly or Board of Directors can make internal audits whenever necessary or independent institutions can be asked to carry on the  audit.

 

Loan Procedure of the Association

 

Article 18-The Association may borrow funds by a resolution of the board of directors for the achievement of its purposes. The borrowing may be in the form of purchase of goods and services on credit or in the form of borrowing in cash. However this borrowing can not be made as such that it can exceed the amount that can  be met by the associations sources of income  and that may compromise the solvency of the association.

 

Way of Amendment on the Statutes

 

Article 19-Statutes can be amended with the decision of the General Assembly. Two thirds of the members who have the right to attend the General Assembly shall be present for amendment of the regulations. If the meeting is adjourned due to lack of quorum, quorum shall not be sought in the second meeting. Yet, the total number of members attending this second meeting cannot be less than twice the total number of members of the Board of Directors and Supervisory Boards.

 

The quorum necessary to make amendments on the statutes is two thirds of the members who attend the meeting and who have the right to vote. The voting for amendments on the statutes shall be done with open voting in the General Assembly.

 

Dissolution of the Association and Liquidation of its Assets

 

Article 20-General Assembly can any time decide to dissolve the association. Two thirds of the members who have the right to attend the General Assembly shall be present for negotiating dissolution. If the meeting is postponed due to lack of quorum, quorum shall not be sought in the second meeting. Yet, the total number of members attending this second meeting cannot be less than twice the total number of members of the Board of Directors and Supervisory Boards.

 

The quorum necessary to take dissolution decision is two thirds of the members who attend the meeting and who have the right to vote. The voting about dissolution of the association shall be done with open ballot in the general assembly.

 

Liquidation Procedure

 

 

When liquidation is decided by the General Assembly, liquidation of the money, assets and rights of the association shall be carried out by the Liquidation Committee which is composed of the latest members of the Board of Directors. This procedure shall begin when the dissolution decision is taken at the General Assembly or when the ipso facto termination is ascertained. During the liquidation period, "In Liquidation" shall be added to the name of the association.

 

Liquidation Committee is entrusted with and entitled to complete all the liquidation procedure of money, assets and rights of the association pursuant to the legislation. This committee shall examine the accounts of the association first. During the examination; books, receipts, expense documents, land registries and bank details and all other documents related to the association shall be determined and assets and liabilities shall be recorded in a protocol. During liquidations, creditors of the association shall be summoned and goods of the association shall be liquidated and the debts shall be paid. If the association is the creditor, then the debts shall be collected. All the money that remains after collection of the debts and payment of the loans shall be transferred to the entity which has been determined by the General Assembly. If the entity to which the money shall be transferred has not been determined by the General Assembly, it shall be transferred to the association located in the same city which has the closest objectives and has the most number of members.

 

The whole procedure regarding liquidation shall be written in the liquidation protocol and it shall be completed in three months except for those incidences where additional term is granted by the civil administration authorities for a justified reason.

 

Upon completion of the liquidation of the money, assets and rights of the association and the transfer procedure, the liquidation committee shall notify the civil administration authority of the principal office in writing about the situation within seven days and shall add the liquidation minute to this document.

 

Members of the latest Board of Directors are responsible for storing the books and documents of the association in the capacity of the Liquidation Committee. This responsibility can be given to a member of the Board of Directors. These books and documents shall be stored for five years.

 

Lack of Provision

 

Article 21

 

Turkish Civil Law and "Associations' Regulations" legislation enacted pursuant to this law and provisions of other related legislation about associations shall apply regarding those circumstances which have not been stated in the current statute.

 

This statute is made of 21(twenty one) articles.

 

 

 

 

 

 

 

 

 



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