Name and Centre of the Association
Article 1- Name of the Association: "Ahbap Association".
The centre of the association is in Istanbul.
The association can open branches in Turkey and abroad.
The Purpose of the Association and the Subjects and Forms of Work to be carried out by the Association in order to realise this Purpose and the Field of Activity
Article 2- The association was established with the aim of providing all kinds of aid in kind and in cash to people and animals in need, strengthening the awareness of solidarity in society, supporting all kinds of animals in need of care while developing love for animals and the environment, serving the construction of good people and good society, creating contemporary and sustainable solidarity networks with new cooperation models and projects, contributing to the development of local culture with today's technological possibilities and carrying it to the future.
Subjects and forms of work to be carried out by the Association
1- To carry out researches for the activation and development of its activities,
2- Organising training activities such as courses, seminars, conferences and panels,
3- To provide all kinds of information, documents, documents and publications necessary for the realisation of the purpose, to establish a documentation centre, to publish publications such as newspapers, magazines, books and bulletins in line with its objectives in order to announce its activities, to establish digital broadcasting organs,
4- To provide a healthy working environment for the realisation of the purpose, to provide all kinds of technical tools and equipment, fixtures and stationery materials,
5- To carry out fundraising activities and accept donations from home and abroad, provided that the necessary permissions are obtained,
6- To establish and operate economic, commercial and industrial enterprises in order to provide the revenues needed for the realisation of the objectives of the Statute,
7- To open a clubhouse, to establish social and cultural facilities and to furnish them for the benefit of its members and to utilise their free time,
8- To organise dinner meetings, concerts, balls, theatres, exhibitions, fairs, museums, sports, excursions and fun events, etc. for the development and continuation of human relations among its members or to ensure that members and volunteers benefit from such events,
9- To purchase, sell, rent, lease, lease and establish real rights on immovable and immovable properties needed for the activities of the Association,
10- If deemed necessary for the realisation of the purpose, to establish foundations in Turkey and abroad, to establish federations, confederations or to join an existing federation, to establish facilities that associations can establish by obtaining the necessary permission,
11- To carry out international activities, to become a member of associations or organisations abroad and to cooperate or collaborate with these organisations,
12- If deemed necessary for the realisation of the purpose, to carry out joint projects with public institutions and organisations on issues within their fields of duty, without prejudice to the provisions of the Law No. 5072 on the Relations of Associations and Foundations with Public Institutions and Organisations,
13- To establish a fund for the purpose of meeting the members of the Association's essential needs such as food, clothing and other goods and services and short-term credit needs,
14- To open national and international branches and representative offices where deemed necessary,
15- To create platforms to realise a common purpose with other associations or foundations, trade unions and similar non-governmental organisations in areas that are related to the purpose of the association and not prohibited by law,
16- To carry out all kinds of activities that are needed for the realisation of the purpose and not prohibited by law,
17- In line with the objectives of the association, to provide material and moral support to animals in need in terms of treatment, food, shelter and other issues, to open animal hospitals, to establish animal shelters and rehabilitation centres, to own animal ambulances and to ensure rapid access to animals in need with animal ambulances,
18- In line with the objectives of the Association, to intervene in all environmental events in our country and in the world, to provide awareness-raising activities (training, seminars, events, congresses and conferences, etc.), to provide material and moral support and to conduct academic research,
19- To carry out activities to raise awareness of volunteers and the public before the disasters that will occur in our country and the world, to train volunteer teams to intervene in case of disaster, to provide transportation, accommodation and necessary equipment, to carry out disaster search and rescue activities, to establish disaster studies centres in risky areas, to conduct academic research on disaster prevention and to carry out awareness raising activities,
20- To direct the members, volunteers and people of all ages that the association helps to sportive activities, to ensure their participation in international sports organisations, to organise national and international organisations, to prepare an environment for the training of national athletes who can represent our country in the international arena, to meet the equipment, logistics, accommodation, application fees and other expenses of the athletes, to establish, rent and purchase places where sports activities can be carried out. To join a club or federation in the relevant branches in order to establish love, respect and solidarity among the members, athletes and those who want to do sports, with green, white and black forming the logo colours of the association's uniform colour and the emblem to be used as the logo of the association,
21- In order to meet the sports, environment, tourism, art and other needs of the association, to build recreational and leisure facilities, indoor and outdoor sports halls, to purchase fields and social facilities, to build accommodation areas, to rent, to operate, to give to the operator or to lease, to own immovable properties and to have them built on immovable properties in accordance with all kinds of purposes by protecting all kinds of rights.
Field of Activity of the Association
The association operates in the social field in Turkey and abroad.
Right to Become a Member and Membership Procedures
Article 3- Any natural and legal person who has the capacity to act and who adopts the aims and principles of the association and agrees to work in this direction, who receives the reference of two members of the board of directors and who meets the conditions stipulated by the legislation has the right to become a member of this association. However, foreign real persons must also have the right to reside in Turkey in order to become a member. This condition is not required for honorary membership.
The application for membership to be made in writing to the presidency of the association shall be decided by the board of directors of the association within maximum thirty days as acceptance to membership or rejection of the request and the result shall be notified to the applicant in writing. The member whose application is accepted shall be recorded in the book to be kept for this purpose.
The main members of the association are the founders of the association and the persons who are accepted as members by the board of directors upon their application.
Those who have provided significant material and moral support to the Association may be accepted as honorary members with the decision of the Board of Directors.
When the number of branches of the association is more than three, the membership records of those registered at the headquarters of the association are transferred to the branches. New membership applications are made to the branches. Acceptance to membership and deletion from membership are carried out by the branch boards of directors and notified to the Headquarters in writing within maximum thirty days.
Unsubscribing
Article 4- Each member has the right to resign from the association, provided that he/she notifies in writing.
As soon as the member's resignation petition reaches the board of directors, the exit procedures are deemed to be finalised. Resignation from membership does not terminate the member's accumulated debts to the association.
Dismissal from Membership
Article 5- Conditions requiring expulsion from the membership of the Association.
1- Acting in violation of the Association's bylaws,
2- Continuous avoidance of assigned tasks,
3- Failure to pay the membership fee within six months despite written warnings,
4- Failure to comply with the decisions taken by the organs of the Association.
5- To have lost the conditions to become a member,
6- Intentionally damaging the property of the association,
7- To spread unfounded news and ideas that unfairly humiliate the association in front of the society by word, picture or writing,
8- To carry out activities contrary to the subject and purpose of the Association,
9- Taking the information belonging to the association (member registration information, projects, official documents belonging to the association, etc.) out of the association without the knowledge of the board of directors, using and making it used outside the interests of the association,
10- Engaging in all kinds of abusive behaviours and speeches aimed at disrupting the general order of the association, damaging its reputation, disturbing other association members, volunteers or visitors with negative attitudes and behaviours,
11- To determine the statements that do not comply with the truth in the petition and / or membership information form given in the application for membership,
In the event that one of the above-mentioned situations is detected, it may be removed from membership with the decision of the board of directors.
Those who leave or are expelled from the association are deleted from the membership register and cannot claim any rights in the assets of the association.
Organs of the Association
Article 6- The organs of the Association are shown below.
1- General assembly,
2- Board of Directors,
3- Supervisory board,
Form of Establishment, Time of Meeting, Call and Meeting Procedure of the General Assembly of the Association
Article 7- The general assembly is the most authorised decision-making body of the association and consists of the members registered to the association. In the event that a branch of the association is opened, it consists of the members registered in the headquarters and branches up to three branches; if the number of branches is more than three, the registered members in the headquarters are transferred to the branches and the delegates elected in the general assemblies of the branches are elected.
General Assembly;
1- Ordinary at the time specified in this statute,
2- In cases deemed necessary by the board of directors or supervisory board or upon the written application of one fifth of the members of the association, an extraordinary meeting is called by the board of directors. If the board of directors fails to call the general assembly to a meeting; upon the application of one of the members, the magistrate judge shall appoint three members to call the general assembly to a meeting.
The Ordinary General Assembly convenes every 3 years in May, on the day, place and time to be determined by the Board of Directors.
Call Procedure
The board of directors shall organise the list of members who have the right to attend the general assembly according to the bylaws of the association. The members who have the right to participate in the general assembly shall be called to the meeting at least fifteen days in advance by announcing the date, time, place and agenda of the meeting in at least one newspaper or on the website of the association, notifying in writing, sending a message to the e-mail address or contact number notified by the member or using local broadcasting tools. In this call, if the meeting cannot be held due to lack of majority, the day, time and place of the second meeting shall also be specified. The period between the first meeting and the second meeting cannot be less than seven days and more than sixty days.
If the meeting is postponed for any reason other than the lack of quorum, this situation shall be announced to the members in accordance with the call procedure for the first meeting, specifying the reasons for the postponement. The second meeting must be held within six months at the latest as of the date of postponement. The members shall be recalled to the second meeting according to the principles specified in the first paragraph.
The general assembly meeting cannot be postponed more than once.
Meeting Procedure
The General Assembly shall convene with the participation of the absolute majority of the members who have the right to attend, and two thirds in cases of amendment of the statute and dissolution of the association; in the event that the meeting is postponed due to failure to reach the majority, the majority is not sought in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the boards of directors and supervisory boards.
The list of members who have the right to attend the General Assembly shall be made available at the meeting place. The identity documents issued by the official authorities of the members who will enter the meeting place are checked by the members of the board of directors or the officers to be assigned by the board of directors. The members enter the meeting place by putting their signatures against their names in the list organised by the board of directors.
If the quorum is met, the situation is determined by a minute and the meeting is opened by the chairman of the board of directors or one of the members of the board of directors to be assigned by him. In case the quorum is not met, a minute shall be prepared by the board of directors.
After the opening, a council committee is formed by electing a chairman and enough deputy chairmen and clerks to manage the meeting.
In the voting for the election of the organs of the Association, it is obligatory for the voting members to show their identity cards to the council committee and sign their names against their names in the list of attendance.
The management and security of the meeting belongs to the chairman of the council.
In the general assembly, only the items on the agenda shall be discussed. However, it is obligatory to include in the agenda the issues requested to be discussed in writing by one tenth of the members present at the meeting.
Each member has one vote in the general assembly; the member must cast his/her vote in person. Honorary members may attend the general assembly meetings but cannot vote. In case a legal entity is a member, the chairman of the board of directors of the legal entity or the person to be appointed to represent the legal entity shall vote.
The matters discussed and the decisions taken at the meeting shall be written in a minute and signed by the chairman of the council and the clerks together. At the end of the meeting, the minutes and other documents shall be delivered to the chairman of the board of directors. The chairman of the board of directors is responsible for protecting these documents and delivering them to the newly elected board of directors within seven days.
Voting and Decision Making Procedures and Methods of the General Assembly
Article 8- In the general assembly, unless otherwise decided, voting shall be open. In open voting, the method specified by the chairman of the general assembly shall be applied.
In case of secret voting, the papers or ballot papers sealed by the chairman of the meeting shall be thrown into an empty container after the members have done the necessary and the result shall be determined by open casting after the end of voting.
The decisions of the General Assembly shall be taken with the absolute majority of the members attending the meeting. However, decisions on amendments to the bylaws and dissolution of the association may only be taken by a two-thirds majority of the members attending the meeting.
Decisions taken without a meeting or without a call
Decisions taken with the written participation of all members without coming together and decisions taken by all members of the association by coming together without complying with the call procedure written in these bylaws are valid. Decisions taken in this way do not take the place of an ordinary meeting.
Duties and Authorities of the General Assembly
Article 9 - The following matters shall be discussed and resolved by the General Assembly.
1- Election of the organs of the Association,
2- Amendment of the bylaws of the association,
3- Discussion of the reports of the Board of Directors and Audit Boards and release of the Board of Directors,
4- Discussing the budget prepared by the Board of Directors and accepting it as it is or with amendments,
5- Supervising other organs of the Association and dismissing them for justified reasons when deemed necessary,
6- Examining and deciding on the appeals against the decisions of the Board of Directors regarding the refusal of membership or dismissal from membership,
7- Authorising the Board of Directors to purchase the immovable properties required for the Association or to sell the existing immovable properties,
8- Examining the regulations to be prepared by the Board of Directors regarding the activities of the association and approving them as they are or with amendments,
9- Determining the amount of remuneration and all kinds of allowances, travelling allowances and compensations to be paid to the chairman and members of the board of directors and supervisory boards of the association who are not public officials, and the amount of daily allowances and travelling allowances to be paid to the members to be assigned for the services of the association,
10- Deciding whether the association will join or leave the federation,
11- Deciding on the opening of branches of the Association and authorising the Board of Directors to carry out the transactions related to the branch decided to be opened,
12- The Association may engage in international activities, join or leave associations and organisations abroad as a member,
13- Establishment of a foundation by the association,
14- Termination of the association,
15- Examining and deciding on other proposals of the board of directors,
16- As the most authorised body of the Association, to perform the tasks and exercise the powers not delegated to any other body of the Association,
17- Fulfilment of other duties specified by the General Assembly in the legislation,
Establishment, Duties and Authorities of the Board of Directors
Article 10 - The board of directors is elected by the general assembly as five original and five substitute members.
In its first meeting after the election, the board of directors determines the chairman, vice-chairman, secretary, treasurer and member by dividing the duties with a decision.
If there is a vacancy in the original membership of the board of directors due to resignation or other reasons, it is obligatory to call the substitute members to duty according to the order of the majority of votes received in the general assembly.
Duties and Authorities of the Board of Directors
The board of directors fulfils the following matters.
1- To represent the Association or to authorise one of its members or a third party to do so,
2- To carry out transactions related to income and expenditure accounts and to prepare the budget for the next period and present it to the general assembly,
3- To prepare the regulations related to the work of the association and submit them to the approval of the general assembly,
4- With the authority granted by the General Assembly, to purchase immovable property, to sell movable and immovable property belonging to the association, to construct buildings or facilities, to make lease agreements, to establish pledges, mortgages or real rights in favour of the association,
5- To ensure the execution of the procedures related to the opening of branches with the authorisation given by the General Assembly,
6-To ensure the supervision of the branches of the association,
7- To open representative offices in the places deemed necessary to realise the objectives of the Association, provided that the necessary notifications are made, and to notify the address of these representative offices to be established to the local administrative authority through the person or persons appointed as representatives by the decision of the board of directors. Opening and closing the representative offices only by the General Centre,
8- To implement the decisions taken in the general assembly,
9-At the end of each activity year, to organise the operating account statement or balance sheet and income statement of the association and the report explaining the activities of the board of directors, and to present it to the general assembly when it meets,
10-To ensure the implementation of the budget,
11-To decide on recruitment or dismissal of members to the association,
12-To take and implement all kinds of decisions within its authority to realise the purpose of the association,
13-Doing other duties and using the authorisations given to him/her by the legislation,
Organisation, Duties and Authorities of the Audit Board
Article 11- The supervisory board is elected by the general assembly as three original and three substitute members.
In the event of a vacancy in the original membership of the supervisory board due to resignation or other reasons, it is obligatory to call the substitute members to duty according to the order of the majority of votes received in the general assembly.
Duties and Authorities of the Audit Board
The supervisory board audits at intervals not exceeding one year and in accordance with the principles and procedures set out in the association's by-laws, whether the association operates in line with the purpose set out in its by-laws and the fields of activity specified to be carried out for the realisation of the purpose, whether the books, accounts and records are kept in accordance with the legislation and the association's by-laws, and submits the results of the audit in a report to the board of directors and to the general assembly when it convenes.
The supervisory board may request the general assembly to be called for a meeting when necessary.
Income Sources of the Association
Article 12- The sources of income of the Association are listed below.
1-Member dues: The entrance fee and annual dues to be collected from the members are determined by the general assembly and collected by the board of directors.
2-Branch dues: In order to meet the general expenses of the Association, 50% of the member fees collected by the branches are sent to the headquarters every six months,
3-Donations and aids made by real and legal persons to the association voluntarily,
4-Revenue from activities such as tea and dinner meetings, trips and entertainment, representation, concerts, sports competitions and conferences organised by the Association,
5-Revenue from the assets of the association,
6-Donations and aids to be collected in accordance with the provisions of the legislation on aid collection,
7-Earnings derived from commercial activities undertaken by the association in order to obtain the income it needs to realise its purpose,
8-Other income.
9-Grant loan
Bookkeeping Principles and Procedures of the Association and Books to be kept
Article 13- Bookkeeping principles;
In the association, books are kept on the basis of business account. However, if the annual gross income exceeds the limit specified in Article 31 of the Regulation on Associations, books are kept on the balance sheet basis starting from the following accounting period.
In case of switching to the balance sheet basis, if it falls below the above-mentioned limit in two consecutive accounting periods, it can be returned to the business account basis starting from the following year.
The books may be kept on the balance sheet basis with the decision of the board of directors without being bound by the above-mentioned limit.
In the event that a commercial enterprise of the Association is opened, books shall also be kept for this commercial enterprise in accordance with the provisions of the Tax Procedure Law.
Registration Procedure
The books and records of the Association shall be kept in accordance with the procedures and principles specified in the Regulation on Associations.
Books to be kept
The Association shall keep the following books.
a) The books to be kept on the basis of business account and the principles to be followed are as follows:
1-Decision Book: The decisions of the Board of Directors are written in this book in order of date and number and the decisions are signed by the members attending the meeting.
2-Member Registration Book: The identity information of those who enter the association as a member, their entry and exit dates are recorded in this book. The amount of entrance and annual dues paid by the members can be recorded in this book.
3-Document Record Book: Incoming and outgoing documents are recorded in this book with date and sequence number. The originals of incoming documents and copies of outgoing documents are filed. Documents received or sent via electronic mail are kept by printing them out.
4-Operating Account Book: Revenues received and expenses incurred on behalf of the Association are clearly and regularly recorded in this book.
5-Document of Receipt Record Book: The serial and sequence numbers of the receipt documents, the names, surnames and signatures of those who receive and return these documents, and the dates of receipt and return are recorded in this book.
6-Fixtures Book: The date and manner of acquisition of the fixtures belonging to the Association, the places where they are used or given, and the deregistration of those who have expired are recorded in this book.
It is not compulsory to keep the Receipt Certificate Record Book and the Fixture Book.
b) The books to be kept on the balance sheet basis and the principles to be followed are as follows:
1- The books registered in sub-paragraphs 1, 2 and 3 of sub-paragraph (a) are also kept in case of keeping books on the balance sheet basis.
2- Journal Book and General Ledger: The method of keeping and recording of these books shall be made in accordance with the principles of the Tax Procedure Law and the Accounting System Implementation General Communiqués published pursuant to the authorisation given to the Ministry of Finance by this Law.
Attestation of Books
The books that must be kept in the association (except the General Ledger) shall be certified by the provincial directorate of associations or a notary public before they are used. The use of these books is continued until the pages are finished and the books are not subject to interim certification. However, the Journal Book, which is kept on the balance sheet basis, must be recertified every year in the last month preceding the year in which it will be used.
Income Statement and Balance Sheet Preparation
In case of keeping records on the basis of operating account, "Operating Account Statement" (specified in Annex-16 of the Regulation on Associations) is prepared at the end of the year (31 December). In case of keeping books on balance sheet basis, balance sheet and income statement are prepared at the end of the year (31 December) based on the Accounting System Implementation General Communiqués published by the Ministry of Finance.
Income and Expenditure Transactions of the Association
Article 14-Income and expense documents;
The revenues of the Association shall be collected with a "Receipt Certificate" (a sample of which can be found in Annex 17 of the Regulation on Associations). In the event that the income of the Association is collected through banks, documents such as receipts or account statements issued by the bank replace the receipt.
Expenses of the association are made with expenditure documents such as invoices, retail sales receipts, self-employment receipts. However, for the payments of the association within the scope of Article 94 of the Income Tax Law, an expense voucher in accordance with the provisions of the Tax Procedure Law, and for payments that are not within this scope, documents such as "Expense Receipt" or "Bank Receipt" (an example of which can be found in Annex-13 of the Regulation on Associations) are used as expenditure documents.
Free goods and service deliveries to be made by the association to persons, institutions or organisations are made with the "In-Kind Aid Delivery Certificate" (an example of which can be found in Annex-14 of the Regulation on Associations). The free goods and service deliveries to be made by individuals, institutions or organisations to the association are accepted with the "In-Kind Donation Receipt Certificate" (an example of which can be found in Annex-15 of the Regulation on Associations).
These documents shall be printed in the form and size shown in Annex-13, Annex-14 and Annex-15, in the form and size shown in Annex-13, Annex-14 and Annex-15, in binders consisting of fifty original and fifty stub sheets, bearing consecutive serial and sequence numbers, self-carbonised, or in the form of forms or continuous forms to be printed through electronic systems and writing machines. The documents to be printed in form or continuous form must be of the specified quality.
Receipt Documents
"Certificates of Receipt" (in the format and size shown in Annex 17 of the Regulation on Associations) to be used in the collection of the income of the association are printed by the decision of the board of directors.
The relevant provisions of the Regulation on Associations shall apply to the printing and control of the certificates of receipt, receipt from the printing house, recording in the book, handover between the old and new treasurers and the use of these certificates of receipt by the person or persons who will collect income on behalf of the association and the delivery of the collected income.
Authorisation Certificate
The person or persons who will collect income on behalf of the association, excluding the actual members of the board of directors, shall be determined by the decision of the board of directors by specifying the period of authorisation. The "Authorisation Certificate" (in Annex-19 of the Regulation on Associations) containing the clear identity, signature and photographs of the persons who will collect income is issued in duplicate by the association and approved by the chairman of the board of directors of the association. The main members of the board of directors may collect income without an authorisation certificate.
The duration of the authorisation certificates is determined by the board of directors as one year at most. Expired authorisation certificates are renewed according to the first paragraph. In cases such as the expiry of the authorisation certificate or the resignation, death, termination of employment or termination of duty of the person in whose name the authorisation certificate is issued, it is obligatory to deliver the authorisation certificates to the board of directors of the association within one week. In addition, the authorisation to collect income is granted by the decision of the board of directors for each
can be cancelled at any time."
Retention Period of Income and Expenditure Documents
Except for the books, the receipt documents, expenditure documents and other documents used by the association shall be kept for 5 years in accordance with the number and date order in the books in which they are recorded, without prejudice to the periods specified in special laws.
Declaration Submission
Article 15- The "Declaration of the Association" (presented in Annex-21 of the Regulation on Associations) regarding the activities of the association for the previous year and the results of income and expenditure transactions as of the end of the year is submitted to the relevant local administrative authority by the president of the association within the first four months of each calendar year after approval by the board of directors of the association.
Notification Obligation
Article 16- Notifications to be made to the local authority;
General Assembly Result Notification
Within thirty days following the ordinary or extraordinary general assembly meetings, the General Assembly Result Notification (in Annex-3 of the Regulation on Associations) containing the original and substitute members elected to the management and supervisory boards and other organs shall be submitted to the local administrative authority. In the event that the bylaws are amended at the general assembly meeting, the minutes of the general assembly meeting, the old and new versions of the amended articles of the bylaws, the final version of the bylaws of the association, each page of which is signed by the absolute majority of the members of the board of directors, shall be submitted to the local administrative authority within the period specified in this paragraph and in the attachment of a letter.
Notification of Immovables
The immovable properties acquired by the Association shall be notified to the local administrative authority by filling in the "Immovable Property Notification" (presented in Annex-26 of the Regulation on Associations) within thirty days after the registration to the title deed.
Notification of Receiving Aid from Abroad
In case of receiving aid from abroad, the association shall fill in the "Notification of Receiving Aid from Abroad" (specified in Annex-4 of the Regulation on Associations) and notify the local administrative authority before receiving aid.
It is obligatory to receive cash aids through banks and to fulfil the notification requirement before they are used.
Notification of Changes
Any change in the place of residence of the association shall be notified to the local administrative authority within thirty days following the change by filling in the "Notification of Change in Place of Residence" (specified in Annex-24 of the Regulation on Associations) and any change in the organs of the association outside the general assembly meeting shall be notified to the local administrative authority within thirty days following the change by filling in the "Notification of Change in the Organs of the Association" (specified in Annex-25 of the Regulation on Associations).
Amendments to the bylaws of the association are also notified to the local administrative authority within thirty days following the general assembly meeting where the bylaw amendment is made, in the annex of the general assembly result notification.
Internal Audit of the Association
Article 17-Internal audit may be conducted by the general assembly, the board of directors or the supervisory board in the association, or independent audit institutions may also be audited. The fact that an audit has been carried out by the general assembly, the board of directors or independent audit institutions does not remove the obligation of the supervisory board.
The board of auditors shall audit the association at least once a year. The general assembly or the board of directors may conduct audits or have independent audit institutions conduct audits when deemed necessary.
Borrowing Procedures of the Association
Article 18- In order to realise its purpose and carry out its activities, the Association may borrow money with the decision of the Board of Directors if necessary. This borrowing may be made in the purchase of goods and services on credit or in cash. However, this borrowing cannot be made in amounts that cannot be covered by the income sources of the association and cannot be of a nature that will put the association into insolvency.
Establishment of Branches of the Association
Article 19- The Association may open branches where deemed necessary by the decision of the General Assembly. For this purpose, the board of founders consisting of at least three persons authorised by the board of directors of the association submits the branch establishment notification and the necessary documents specified in the Regulation on Associations to the highest local authority of the place where the branch will be opened.
Duties and Authorisations of Branches
Article 20- Branches are internal organisations of the Association which do not have legal personality, which are tasked and authorised to carry out autonomous activities in line with the purpose and service subjects of the Association, and for which the Association is responsible for its receivables and debts arising from all its transactions.
Bodies of Branches and Provisions Applicable to Branches
Article 21- The organs of the branch are the general assembly, the board of directors and the supervisory board. The board of directors is elected by the general assembly of the branch as five original and five substitute members and the supervisory board as three original and three substitute members.
The duties and powers of these organs and other provisions of this statute related to the association are also applied in the branch within the framework stipulated by the legislation.
Time of convening the General Assemblies of the Branches and how they will be represented at the General Assembly of the Headquarters
Article 22 - Branches are obliged to finish their ordinary general assembly meetings at least two months before the general assembly meeting of the headquarters.
The ordinary general assembly of the branches shall convene every 3 years in March, on the day, place and time to be determined by the branch board of directors.
Branches are obliged to notify the local administrative authority and the headquarters of the association within thirty days following the date of the general assembly meeting.
Branches have the right to participate in the general assembly of the headquarters with the direct participation of all members in the general assembly of the headquarters up to the number of branches up to three; if the number of branches is more than three, one (1) for every twenty (20) members registered in the branch, and if the number of remaining members is more than 10, one delegate to be elected in the general assembly of the branch.
Delegates elected in the last branch general assembly shall participate in the general assembly of the headquarters. Members of the board of directors and supervisory board of the headquarters participate in the general assembly of the headquarters, but cannot vote unless they are elected as delegates on behalf of the branch.
Those who serve in the board of directors or supervisory board of the branches shall resign from their duties in the branch when they are elected to the board of directors or supervisory board of the headquarters.
Opening a Representative Office
Article 23- The Association may open a representative office with the decision of the board of directors in order to carry out the activities of the Association where it deems necessary. The address of the representative office shall be notified in writing to the local administrative authority by the person or persons appointed as representative by the decision of the board of directors. The representative office shall not be represented in the general assembly of the association. Branches cannot open representative offices.
How to Amend the Statute
Article 24- Amendment of the bylaws can be made by a decision of the general assembly.
In order to amend the bylaws in the general assembly, 2/3 majority of the members who have the right to attend and vote in the general assembly is sought. In the event that the meeting is postponed due to lack of majority, the majority is not sought in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the boards of directors and supervisory boards.
The decision majority required for the amendment of the bylaws is 2/3 of the votes of the members who attend the meeting and have the right to vote. Voting for the amendment of the bylaws in the general assembly shall be open.
Dissolution of the Association and Liquidation of Assets
Article 25- The general assembly may at any time decide to dissolve the association.
In order for the dissolution to be discussed in the general assembly, 2/3 majority of the members who have the right to attend and vote in the general assembly is required. In case the meeting is postponed due to lack of majority, the majority is not sought in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the boards of directors and supervisory boards.
The decision majority required for the dissolution decision to be taken is 2/3 of the votes of the members who attend the meeting and have the right to vote. Voting on the dissolution resolution in the general assembly shall be open.
Liquidation Procedures
When the general assembly decides on dissolution, the liquidation of the money, property and rights of the association shall be carried out by the liquidation board consisting of the members of the last board of directors. These proceedings shall commence as of the date of the decision of the general assembly regarding dissolution or the date of finalisation of spontaneous termination. During the liquidation period, the phrase "In Liquidation" shall be used at the beginning of the name of the association in all transactions.
The liquidation board is responsible and authorised to complete the liquidation of the money, property and rights of the association from the beginning to the end in accordance with the legislation. This board first examines the accounts of the association. During the examination, the books, receipt documents, expenditure documents, title deed and bank records and other documents of the association are determined and their assets and liabilities are recorded in a minute. During the liquidation procedures, a call is made to the creditors of the association and the assets, if any, are converted into money and paid to the creditors. If the association has creditors, the receivables are collected. All money, property and rights remaining after the collection of receivables and payment of debts are transferred to the place determined in the general assembly. If the place to be transferred is not determined in the general assembly, it shall be transferred to the association closest to the purpose of the association in the province where the association is located and which has the highest number of members on the date of dissolution.
All transactions related to the liquidation shall be shown in the liquidation minutes and the liquidation procedures shall be completed within three months, except for the additional periods granted by the local administrative authorities based on a justified reason. Following the completion of the liquidation and transfer of the money, property and rights of the association, the liquidation board must notify the local administrative authority of the place where the headquarters of the association is located with a letter within seven days and the liquidation report must be attached to this letter.
The last members of the board of directors as the liquidation board are responsible for keeping the books and documents of the association. This duty may also be assigned to a member of the board of directors. The retention period of these books and documents is five years.
Lack of Provision
Article 26 - The provisions of the Law on Associations, the Turkish Civil Code and the Regulation on Associations issued by reference to these laws and the provisions of other relevant legislation on associations shall apply to matters not specified in these bylaws.