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ARTICLES OF ASSOCIATION OF THE ASSOCIATION FOR SOLIDARITY WITH REFUGEES (MÜLTECİ-DER)
Name and Headquarters
Article 1 – The name of the Association is “Mültecilerle Dayanışma Derneği” (Association for Solidarity with Refugees), and its short name is MÜLTECİ-DER. Its headquarters is in İzmir. The Association may open branches within Türkiye and abroad.
Purpose of the Association, the Subjects and Forms of Work to Be Pursued for This Purpose, and Its Field of Activity
Article 2 – The Association is a human rights and humanitarian solidarity organisation working on the problems of refugees, asylum seekers, migrants, persons seeking temporary asylum, persons who may enter the subsidiary protection procedure and persons in need of international protection who have left their country, without any discrimination based on language, religion, race, sex, sexual orientation, gender identity, age, disability, difference of political opinion or any other ground.
Subjects and Forms of Work to Be Pursued by the Association
2.1. To carry out information, awareness-raising and sensitisation activities so that the problems faced by refugees, asylum seekers, migrants, persons seeking temporary asylum and persons who may enter the subsidiary protection procedure are better understood by national and international institutions and by society.
2.2. To conduct research in order to better understand the conditions that give rise to refugeehood and migration, and to support, publish or contribute to the publication of research on this subject.
2.3. To carry out activities aimed at meeting the basic humanitarian needs of refugees, asylum seekers, migrants, persons seeking temporary asylum and persons who may enter the subsidiary protection procedure — such as food, shelter, health, education and employment; to organise aid and support activities; and, in order to meet these needs, to establish and operate facilities such as soup kitchens, social markets, social service, education and health support units, and rehabilitation centres.
2.4. To carry out information and awareness-raising activities on national and international legislation so that the persons listed in Article 2, who constitute the Association’s target group, may benefit from fundamental human rights; to campaign for legislation to evolve in line with universal law; to issue publications; and to establish legal aid and/or advisory units.
2.5. To identify the medical, psycho-social, cultural, environmental and economic problems of the persons listed in Article 2, who constitute the Association’s target group; and to conduct scientific research, develop and implement projects in order to draw attention to these problems and produce solutions.
2.6. To carry out informative and educational activities against all forms of racist and discriminatory practices to which the target group referred to in the purpose section of the Association may be exposed, and against any social pressure that may arise in this direction.
2.7. To carry out activities so that refugees, asylum seekers, migrants, persons seeking temporary asylum and persons who may enter the subsidiary protection procedure may benefit from fundamental human rights and have their basic humanitarian needs met; and, to this end, to organise educational activities such as courses, seminars, conferences and panels.
2.8. To obtain all kinds of information, records, documents and publications necessary for the realisation of the purpose; to establish a documentation centre; to issue publications such as newspapers, magazines and books in order to publicise the Association’s work and realise its aims; to produce audio and visual works and publish them; and to participate in fairs and festivals.
2.9. To provide a healthy working environment for the realisation of the purpose, and to procure all kinds of technical equipment and tools, as well as fixtures and stationery supplies.
2.10. To engage in fundraising activities, provided that the necessary permits are obtained, and to accept donations from within the country and from abroad.
2.11. To establish and operate economic, commercial and industrial enterprises in order to secure the income needed for the realisation of its aims.
2.12. To open premises (clubhouses) and establish social and cultural facilities for the benefit of its members and for their leisure time.
2.13. To organise dinner meetings, concerts, balls, theatre performances, exhibitions, sports competitions, excursions and other events in order to develop and maintain humane relations between members and refugees and migrants.
2.14. To purchase, sell, rent and lease out movable and immovable property needed for the activities of the Association, and to establish rights in rem over immovable property.
2.15. To establish a foundation and/or federation, or to join an existing federation, where deemed necessary for the realisation of the purpose.
2.16. To engage in international activities, to become a member of associations and/or organisations abroad, and to carry out joint project-based work or cooperate with such organisations.
2.17. To receive financial assistance from associations with similar aims, from workers’/employers’ trade unions and from professional organisations in order to realise the purpose of the Association; and to provide financial assistance to institutions whose objectives are compatible with those of the Association.
2.18. Where deemed necessary for the realisation of the purpose, and without prejudice to the provisions of Law No. 5072 on the Relations of Associations and Foundations with Public Institutions and Organisations, to carry out joint projects with public institutions and organisations on matters falling within their areas of competence.
2.19. To carry out joint work, and to develop and implement projects, within the framework of national and international legislation, with bodies such as the United Nations, the United Nations High Commissioner for Refugees, the European Union, the Council of Europe, the European Commission and the OSCE, for the realisation of the purpose.
2.20. To establish a fund in order to meet the essential needs of the Association’s members, such as food and clothing, as well as other goods and services and short-term credit needs.
2.21. To open branches and representative offices in places deemed necessary.
2.22. To form platforms with other associations, or with foundations, trade unions and similar civil society organisations, in order to achieve a common purpose in fields that are related to the Association’s purpose and are not prohibited by law.
2.23. To organise and take part in national and international cultural and artistic activities in order to raise awareness regarding refugees and asylum seekers.
Field of Activity of the Association
The Association operates in the fields of social assistance, health, education, law and social services.
The Right to Become a Member and Membership Procedures
Article 3 – Every natural and legal person who has the capacity to act, who adopts the purpose and principles of the Association and agrees to work accordingly, and who meets the conditions prescribed by legislation, has the right to become a member of this Association. However, in order for foreign natural persons to become members, they must also have the right of residence in Türkiye. This condition is not required for honorary membership.
An application for membership, to be made in writing to the chair of the Association, shall be decided by the Board of Directors within a maximum of thirty days, either as acceptance of membership or rejection of the request, and the outcome shall be notified to the applicant in writing. A member whose application is accepted shall be recorded in the register kept for this purpose.
The full members of the Association are its founders and those persons who are accepted into membership 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 by decision of the Board of Directors.
To the extent permitted by national and international legislation, the participation of refugees, asylum seekers and migrants in the Association’s activities and decision-making processes shall be encouraged.
In the event that the Association opens branches, the membership records of those registered at the Association’s headquarters shall, if necessary, be transferred to the branches. New membership applications shall be made to the branches. Admission to and removal from membership shall be carried out by the branch boards of directors and notified in writing to the Head Office within a maximum of thirty days.
Withdrawal from Membership
Article 4 – Every member has the right to withdraw from the Association, provided that they give written notice.
Withdrawal procedures shall be deemed completed at the moment the member’s letter of resignation reaches the Board of Directors. Withdrawal from membership does not extinguish the member’s accrued debts to the Association.
Expulsion from Membership
Article 5 – The circumstances requiring expulsion from membership of the Association are as follows:
5.1. Engaging in conduct contrary to the Association’s articles of association.
5.2. Persistently avoiding assigned duties.
5.3. Failing to pay membership dues within six months despite written warnings.
5.4. Failing to comply with decisions taken by the organs of the Association.
5.5. Having lost the conditions for membership.
Where one of the above situations is established, a member may be expelled from membership by decision of the Board of Directors. Those who withdraw from or are expelled from the Association shall be removed from the membership register and may not claim any right over the Association’s assets.
Organs of the Association
Article 6 – The organs of the Association are as follows:
- The General Assembly.
- The Board of Directors.
- The Supervisory Board.
Composition of the General Assembly of the Association, Time of Meeting, and Procedure for Convocation and Meetings
Article 7 – The General Assembly is the highest decision-making organ of the Association and is composed of the members registered with the Association, together with the ex officio delegates of the branches and the delegates elected by the members registered with the branches.
The General Assembly meets in ordinary session at the time specified in these articles of association; it meets in extraordinary session within thirty days where the Board of Directors or the Supervisory Board deems it necessary, or upon the written request of one fifth of the members of the Association.
The ordinary General Assembly meets once every two years in January, on the day, at the place and at the time to be determined by the Board of Directors.
The General Assembly is convened by the Board of Directors.
If the Board of Directors fails to convene the General Assembly, the magistrate (sulh hâkimi) shall, upon the application of one of the members, appoint three members to convene the General Assembly.
Procedure for Convocation
The Board of Directors shall draw up a list of the members entitled to participate in the General Assembly in accordance with the articles of association. Members entitled to participate in the General Assembly shall be invited to the meeting at least fifteen days in advance, by announcing the day, time, place and agenda in a newspaper or by notifying them in writing or by electronic mail. It shall also be stated on which day, at what time and at which place the second meeting will be held in the event that the meeting cannot take place at this first convocation due to failure to achieve a quorum. The period between the first meeting and the second meeting may not be less than seven days or more than sixty days.
If the meeting is postponed for a reason other than failure to achieve a quorum, this shall be announced to the members in accordance with the convocation procedure applied for the first meeting, stating also the reasons for the postponement. The second meeting must be held within six months at the latest from the date of postponement. Members shall be re-invited to the second meeting in accordance with the principles set out in the first paragraph.
A General Assembly meeting may not be postponed more than once.
Meeting Procedure
The General Assembly meets with the participation of an absolute majority of the members entitled to participate, and, in cases of amendment of the articles of association and dissolution of the Association, with the participation of two thirds of such members; where the meeting is postponed due to failure to achieve a quorum, no quorum is required at the second meeting. However, the number of members attending this meeting may not be less than twice the total number of members of the Board of Directors and the Supervisory Board.
The list of members entitled to participate in the General Assembly shall be kept available at the meeting venue. The identity documents issued by official authorities of the members who are to enter the meeting venue shall be checked by members of the Board of Directors or by officials to be appointed by the Board of Directors. Members shall enter the meeting venue by signing next to their names on the list drawn up by the Board of Directors.
If the quorum is achieved, this shall be recorded in minutes and the meeting shall be opened by the chair of the Board of Directors or by one of the members of the Board of Directors appointed by them. Minutes shall likewise be drawn up by the Board of Directors in the event that the quorum is not achieved.
After the opening, a presiding committee shall be formed by electing a chair, a sufficient number of deputy chairs, and a secretary to conduct the meeting.
In votes held for the election of the organs of the Association, members casting votes are required to show their identity documents to the presiding committee and to sign next to their names on the attendance list.
The conduct and security of the meeting are the responsibility of the chair of the presiding committee.
Only the items on the agenda shall be discussed at the General Assembly. However, it is mandatory to place on the agenda any matters whose discussion is requested in writing by one tenth of the members present at the meeting.
Each member has one vote at the General Assembly. Members must cast their votes in person. Honorary members may attend General Assembly meetings but may not vote. Where a legal person is a member, the vote shall be cast by the chair of that legal person’s board of directors or by the person appointed to represent it.
The matters discussed and the decisions taken at the meeting shall be recorded in minutes, signed jointly by the chair of the presiding committee and the secretaries. At the end of the meeting, the minutes and other documents shall be handed over to the chair of the Board of Directors. The chair of the Board of Directors is responsible for safeguarding these documents and for handing them over to the newly elected Board of Directors within seven days.
Procedures and Forms of Voting and Decision-Making by the General Assembly
Article 8 – Unless the General Assembly decides otherwise, elections of members of the Board of Directors and the Supervisory Board shall be held by secret ballot, while decisions on other matters shall be taken by open vote. Secret votes are votes collected by having members place papers or ballot slips sealed by the chair of the meeting into an empty container after completing the necessary formalities, and determined by an open count carried out after voting has ended.
In open voting, the method to be indicated by the chair of the General Assembly shall be applied.
Decisions of the General Assembly shall be taken by an absolute majority of the members attending the meeting. However, decisions to amend the articles of association and to dissolve the Association may be taken only by a two-thirds majority of the members attending the meeting.
Decisions Taken Without a Meeting or Without Convocation
Decisions taken with the written participation of all members without their coming together, and decisions taken by all members of the Association coming together without complying with the convocation procedure set out in these articles of association, are valid. Taking decisions in this manner does not replace an ordinary meeting.
Duties and Powers of the General Assembly
Article 9 – The following matters shall be discussed and decided by the General Assembly:
9.1. Election of the organs of the Association.
9.2. Amendment of the articles of association.
9.3. Discussion of the reports of the Board of Directors and the Supervisory Board and the discharge of the Board of Directors.
9.4. Discussion of the budget prepared by the Board of Directors and its adoption either as submitted or with amendments.
9.5. Supervision of the other organs of the Association and, where deemed necessary, their dismissal on justified grounds.
9.6. Examination and determination of objections raised against decisions of the Board of Directors concerning the rejection of membership or expulsion from membership.
9.7. Authorising the Board of Directors to purchase immovable property required by the Association or to sell existing immovable property.
9.8. Examination of the regulations prepared by the Board of Directors concerning the Association’s work, and their approval either as submitted or with amendments.
9.9. Determination of the salaries, all kinds of allowances, travel expenses and compensation to be paid to the chairs and members of the Board of Directors and the Supervisory Board who are not public officials, as well as the amounts of per diem and travel expenses to be paid to members assigned to duties for the services of the Association.
9.10. Deciding on the Association’s accession to or withdrawal from a federation.
9.11. Deciding on the opening of branches of the Association and authorising the Board of Directors to carry out the procedures relating to the branch whose opening has been decided.
9.12. The Association’s engagement in international activities and its accession to or withdrawal from associations and organisations abroad.
9.13. The establishment of a foundation by the Association.
9.14. The dissolution of the Association.
9.15. Examination and determination of other proposals of the Board of Directors.
9.16. As the highest organ of the Association, carrying out the tasks and exercising the powers that have not been assigned to another organ of the Association.
9.17. Performance of the other duties that legislation stipulates are to be carried out by the General Assembly.
Formation, Duties and Powers of the Board of Directors
Article 10 – The Board of Directors shall be elected by the General Assembly as five full and five substitute members.
At its first meeting following the election, the Board of Directors shall, by a decision, allocate duties and determine the chair, deputy chair, secretary, treasurer and members.
The Board of Directors may be convened at any time, provided that all members are notified. It meets with the presence of one more than half of the total number of members. Consensus shall be sought first for decisions; where this cannot be reached, decisions shall be taken by an absolute majority of the total number of members attending the meeting.
In the event of a vacancy in the full membership of the Board of Directors due to resignation or other reasons, it is mandatory to call the substitute members to duty in the order of the number of votes they received at the General Assembly.
Duties and Powers of the Board of Directors
The Board of Directors shall carry out the following:
10.1. To represent the Association, or to authorise one of its own members or a third party to do so.
10.2. To carry out transactions relating to income and expenditure accounts, and to prepare the budget for the following period and submit it to the General Assembly.
10.3. To prepare regulations concerning the Association’s work and submit them for the approval of the General Assembly.
10.4. With the authority granted by the General Assembly, to purchase immovable property, to sell movable and immovable property belonging to the Association, to have buildings or facilities constructed, to conclude lease agreements, and to establish pledges, mortgages or rights in rem in favour of the Association.
10.5. With the authority granted by the General Assembly, to ensure that the procedures relating to the opening of branches are carried out.
10.6. To ensure the supervision of the Association’s branches.
10.7. To ensure the opening of representative offices in places deemed necessary.
10.8. To implement the decisions taken by the General Assembly.
10.9. At the end of each activity year, to prepare the Association’s operating account statement or its balance sheet and income statement, together with the report explaining the work of the Board of Directors, and to submit them to the General Assembly when it convenes.
10.10. To ensure the implementation of the budget.
10.11. To decide on the admission of members to the Association or their expulsion from membership.
10.12. To take and implement all kinds of decisions within its competence in order to realise the purpose of the Association.
10.13. To perform the other duties and exercise the powers conferred upon it by legislation.
Formation, Duties and Powers of the Supervisory Board
Article 11 – The Supervisory Board shall be elected by the General Assembly as three full and three substitute members.
In the event of a vacancy in the full membership of the Supervisory Board due to resignation or other reasons, it is mandatory to call the substitute members to duty in the order of the number of votes they received at the General Assembly.
Duties and Powers of the Supervisory Board
The Supervisory Board shall audit — in accordance with the principles and procedures laid down in these articles of association and at intervals not exceeding one year — whether the Association operates in line with the purpose set out in its articles of association and the subjects of work stated to be pursued for the realisation of that purpose, and whether the books, accounts and records are kept in conformity with legislation and with the articles of association; and it shall submit the results of the audit in a report to the Board of Directors and to the General Assembly when it convenes.
The Supervisory Board shall convene the General Assembly where necessary.
Income Sources of the Association and Ethical Principles
Article 12 – Mülteci-Der does not accept income that conflicts with its institutional structure and principles or that is of such a nature as to jeopardise the Association’s independence, impartiality and credibility; it avoids dependence on a single source in securing its income.
In providing assistance, the Association shall exercise the utmost care to avoid practices that would offend the personality and dignity of individuals belonging to the groups referred to in the purpose section.
Subject to compliance with the aforementioned ethical principles, the income sources of the Association are as follows:
- Membership Dues: A monthly membership fee of TRY 50 shall be collected from members. The General Assembly is authorised to increase or decrease these amounts. The membership fee for students is TRY 100 per year.
- Branch Contributions: In order to cover the general expenses of the Association, 20% of the membership dues collected by the branches shall be transferred to the Head Office every three months.
- Donations and Grants: Donations and grants made to the Association voluntarily by natural and legal persons.
- Income Derived from the Association’s Activities: Income derived from activities organised by the Association, such as tea and dinner gatherings, excursions and entertainment, performances, concerts, sports competitions and conferences.
- Income from Assets: Income obtained from the Association’s assets.
- Collected Aid: Donations and aid to be collected in accordance with the provisions of the legislation on fundraising.
- Commercial Activities: Earnings obtained from commercial activities undertaken by the Association in order to secure the income it needs to realise its purpose.
- Other Income: Other income not foreseen among the income sources.
Principles and Procedures for Keeping Books and the Books to Be Kept
Article 13 – The principles concerning the books and the books to be kept are as follows:
Principles for Keeping Books
The Association shall keep its books on the operating account basis. However, if annual gross income exceeds YTL 500,000 for the year 2007, books shall be kept on the balance sheet basis starting from the following accounting period.
If, after transition to the balance sheet basis, income falls below the threshold indicated above in two consecutive accounting periods, it is possible to revert to the operating account basis as of the following year.
Irrespective of the threshold indicated above, books may be kept on the balance sheet basis by decision of the Board of Directors.
In the event that a commercial enterprise of the Association is established, separate books shall also be kept for that commercial enterprise in accordance with the provisions of the Tax Procedure Law.
Recording Procedure
The books and records of the Association shall be kept in accordance with the procedures and principles set out in the Regulation on Associations.
Books to Be Kept
The following books shall be kept in the Association.
- The books to be kept on the operating account basis and the principles to be observed are as follows:
a.1. Decision Book: Decisions of the Board of Directors shall be entered in this book in order of date and number, and the decisions shall be signed at the bottom by the members attending the meeting.
a.2. Membership Register: The identity details of those who join the Association as members and their dates of entry to and exit from the Association shall be recorded in this book. The amounts of entrance and annual dues paid by members may also be recorded in this book.
a.3. Document Register: Incoming and outgoing documents shall be recorded in this book with date and sequence number. Originals of incoming documents and copies of outgoing documents shall be filed. Documents received or sent by electronic mail shall be preserved by printing them out.
a.4. Fixtures Register: The date and manner of acquisition of the Association’s fixtures, the places where they are used or to which they are assigned, and the write-off of those whose useful life has expired shall be recorded in this book.
a.5. Operating Account Book: Income received and expenditure made in the name of the Association shall be recorded clearly and in an orderly manner in this book.
a.6. Receipt Voucher Register: The series and sequence numbers of receipt vouchers, the names, surnames and signatures of those who receive and return these documents, and the dates on which they received and returned them shall be recorded in this book.
- The books to be kept on the balance sheet basis and the principles to be observed are as follows:
b.1. The books listed in sub-paragraphs 1, 2, 3 and 6 of paragraph (a) shall also be kept where books are kept on the balance sheet basis.
b.2. Journal, General Ledger and Inventory Book: The manner of keeping these books and the form of recording shall be carried out in accordance with the principles of the Tax Procedure Law and of the General Communiqués on Accounting System Application issued pursuant to the authority granted to the Ministry of Finance by that Law.
Certification of Books
The books that must be kept by the Association shall be certified by the provincial directorate of associations or by a notary before they begin to be used. These books shall continue to be used until their pages are exhausted, and no interim certification of the books shall be made. However, books kept on the balance sheet basis, as well as books with form or continuous form pages, must be recertified each year in the last month preceding the year in which they are to be used.
Preparation of the Income Statement and Balance Sheet
Where records are kept on the operating account basis, an “Operating Account Statement” (as specified in Annex-16 to the Regulation on Associations) shall be prepared at year-end (31 December). Where books are kept on the balance sheet basis, a balance sheet and income statement shall be prepared at year-end (31 December) on the basis of the General Communiqués on Accounting System Application issued by the Ministry of Finance.
Income and Expenditure Transactions of the Association
Article 14 – Income and expenditure documents:
The Association’s income shall be collected by means of a “Receipt Voucher” (a specimen of which is provided in Annex-17 to the Regulation on Associations). Where the Association’s income is collected through banks, documents such as the receipt or account statement issued by the bank shall serve in place of a receipt voucher.
The Association’s expenditure shall be made against expenditure documents such as invoices, retail sales slips and self-employment receipts. However, for payments falling within the scope of Article 94 of the Income Tax Law, an expenditure note shall be issued in accordance with the provisions of the Tax Procedure Law, and for payments not falling within that scope, an “Expenditure Receipt” (a specimen of which is provided in Annex-13 to the Regulation on Associations) shall be issued.
Free-of-charge deliveries of goods and services to be made by the Association to persons, institutions or organisations shall be made using the “In-Kind Aid Delivery Document” (a specimen of which is provided in Annex-14 to the Regulation on Associations).
Free-of-charge deliveries of goods and services to be made to the Association by persons, institutions or organisations shall be accepted using the “In-Kind Donation Receipt Voucher” (a specimen of which is provided in Annex-15 to the Regulation on Associations).
Receipt Vouchers
The “Receipt Vouchers” to be used in collecting the Association’s income shall be printed at a printing house (in the format and dimensions shown in Annex-17 to the Regulation on Associations) by decision of the Board of Directors.
With regard to the printing and control of receipt vouchers, their collection from the printing house, their entry in the register, their handover between outgoing and incoming treasurers, and matters relating to the use of these receipt vouchers by the person or persons who will collect income on behalf of the Association and the delivery of the income collected, action shall be taken in accordance with the relevant provisions of the Regulation on Associations.
Authorisation Certificate
The person or persons who will collect income on behalf of the Association shall be determined by decision of the Board of Directors, with the duration of the authorisation also being specified. An “Authorisation Certificate” (a specimen of which is provided in Annex-19 to the Regulation on Associations), containing the full identity details, signature and photograph of the persons who will collect income, shall be drawn up by the Association in three copies and approved by the chair of the Board of Directors. One copy of each authorisation certificate shall be given to the associations units. Changes relating to the authorisation certificate shall be notified by the chair of the Board of Directors to the associations unit within fifteen days.
Persons who are to collect income on behalf of the Association may begin collecting income only after a copy of the authorisation certificate issued in their name has been submitted to the associations unit.
With regard to the use, renewal, return and other matters concerning the authorisation certificate, action shall be taken in accordance with the relevant provisions of the Regulation on Associations.
Retention Period for Income and Expenditure Documents
Excluding the books, the receipt vouchers, expenditure documents and other documents used by the Association shall be retained for a period of 5 years in accordance with the numbering and dating order in the books in which they are recorded, without prejudice to the periods specified in special laws.
Submission of the Declaration
Article 15 – The “Association Declaration” (provided in Annex-21 to the Regulation on Associations), relating to the Association’s activities for the previous year and the year-end results of its income and expenditure transactions, shall — after approval by the Board of Directors — be submitted by the chair of the Association to the relevant civil administrative authority within the first four months of each calendar year.
Notification Obligations
Article 16 – Notifications to be made to the civil administrative authority:
Notification of General Assembly Results
Within thirty days following ordinary or extraordinary General Assembly meetings, the “Notification of General Assembly Results” (provided in Annex-3 to the Regulation on Associations), containing the full and substitute members elected to the Board of Directors, the Supervisory Board and other organs, together with its annexes, shall be notified by the chair of the Board of Directors to the relevant civil administrative authority.
The following shall be attached to the notification of General Assembly results:
- A copy of the minutes of the General Assembly meeting signed by the chair of the presiding committee, the deputy chairs and the secretary;
- If the articles of association have been amended, the new and old versions of the amended articles, together with a copy of the final version of the articles of association with each page signed by the Board of Directors.
Notification of Immovable Property
Immovable property acquired by the Association shall be notified to the civil administrative authority within thirty days of its registration in the land registry by completing the “Immovable Property Notification” (provided in Annex-26 to the Regulation on Associations).
Notification of Receipt of Aid from Abroad
In the event that the Association is to receive aid from abroad, it shall, before receiving the aid, complete the “Notification of Receipt of Aid from Abroad” (specified in Annex-4 to the Regulation on Associations) in two copies and submit the notification to the civil administrative authority.
A copy of the Board of Directors’ decision on receiving aid from abroad, any protocol, contract or similar documents drawn up on the matter, and a copy of the bank receipt, statement or similar document relating to the account to which the aid was transferred shall also be attached to the notification form.
It is mandatory that cash aid be received through banks and that the notification requirement be fulfilled before it is used.
Notification Regarding Joint Projects Carried Out with Public Institutions and Organisations
A copy of the protocol and of the project relating to joint projects carried out by the Association with public institutions and organisations on matters within its field of activity shall be attached to the “Project Notification” (shown in Annex-23 to the Regulation on Associations) and submitted to the governorship of the place where the Association’s headquarters is located within one month following the date of the protocol.
Notification of Changes
Any change in the Association’s place of settlement shall be notified to the civil administrative authority within thirty days following the change by completing the “Notification of Change of Place of Settlement” (specified in Annex-24 to the Regulation on Associations); changes occurring in the organs of the Association outside a General Assembly meeting shall be notified by completing the “Notification of Change in the Organs of the Association” (specified in Annex-25 to the Regulation on Associations).
Amendments made to the Association’s articles of association shall likewise be notified to the civil administrative authority within thirty days following the General Assembly meeting at which the amendment was made, as an annex to the notification of General Assembly results.
Internal Audit of the Association
Article 17 – Internal audit may be carried out in the Association by the General Assembly, the Board of Directors or the Supervisory Board, and audits may also be commissioned from independent audit firms. The fact that an audit has been carried out by the General Assembly, the Board of Directors or independent audit firms does not remove the obligation of the Supervisory Board.
An audit of the Association shall be carried out by the Supervisory Board at least once a year. The General Assembly or the Board of Directors may carry out an audit where deemed necessary, or may commission an audit from independent audit firms.
Borrowing Procedures of the Association
Article 18 – Where necessary in order to realise its purpose and carry out its activities, the Association may borrow by decision of the Board of Directors. Such borrowing may take the form of the purchase of goods and services on credit, or may be in cash. However, such borrowing may not be undertaken in amounts that cannot be met by the Association’s income sources or in a manner that would place the Association in payment difficulties.
Establishment of Branches of the Association
Article 19 – The Association may open branches in places deemed necessary by decision of the General Assembly. For this purpose, a founding committee of at least three persons authorised by the Board of Directors shall submit the branch establishment notification specified in the Regulation on Associations, together with the necessary documents, to the highest civil administrative authority of the place where the branch is to be opened.
Duties and Powers of Branches
Article 20 – Branches are the internal organisation of the Association which do not have legal personality, which are tasked and empowered to carry out autonomous activities in line with the Association’s purpose and areas of service, and which are themselves responsible for the receivables and debts arising from all their transactions.
Organs of Branches and Provisions Applicable to Branches
Article 21 – The organs of a branch are the general assembly, the board of directors and the supervisory board.
The general assembly consists of the members registered with the branch. The board of directors shall be elected by the branch general assembly as five full and five substitute members, and the supervisory board as three full and three substitute members.
The duties and powers of these organs, as well as the other provisions of these articles of association concerning the Association, shall also apply to branches within the framework prescribed by legislation.
Time of Meeting of Branch General Assemblies and How Branches Are to Be Represented at the Head Office General Assembly
Article 22 – Branches are obliged to conclude their ordinary general assembly meetings at least two months before the Head Office General Assembly meeting.
The ordinary general assembly of branches meets once every two years in October, on the day, at the place and at the time to be determined by the branch board of directors.
Branches are obliged to notify a copy of the notification of general assembly results to the civil administrative authority and to the Association’s Head Office within thirty days following the date on which the meeting was held.
Branches are represented at the Head Office General Assembly by elected and ex officio delegates. The chairs of the boards of directors and supervisory boards of branches have the right to attend the Head Office General Assembly on behalf of the branch as ex officio delegates; delegates to be elected — one (1) for every twenty (20) members registered with the branch, plus one where the remaining number of members exceeds 10 or where the total number of members is fewer than 10 — attend as elected delegates.
The delegates elected at the most recent branch general assembly shall attend the Head Office General Assembly. Members of the Head Office Board of Directors and Supervisory Board attend the Head Office General Assembly but may not vote unless they have been elected as delegates on behalf of a branch.
Those serving on the board of directors or supervisory board of a branch shall resign from their post at the branch when they are elected to the Head Office Board of Directors or Supervisory Board.
Opening Representative Offices
Article 23 – Mülteci-Der may open representative offices in places it deems necessary, by decision of the Board of Directors, in order to carry out the Association’s activities. The address of the representative office shall be notified in writing to the civil administrative authority of that place by the person or persons appointed as representative by decision of the Board of Directors. A representative office is not represented at the Association’s General Assembly. Branches may not open representative offices.
Form and Method of Amending the Articles of Association
Article 24 – The articles of association may be amended by decision of the General Assembly.
In order for the articles of association to be amended at the General Assembly, a two-thirds majority of the members entitled to participate and vote in the General Assembly is required. Where the meeting is postponed due to failure to achieve a quorum, no quorum is required at the second meeting. However, the number of members attending this meeting may not be less than twice the total number of members of the Board of Directors and the Supervisory Board.
The decision-making majority required for an amendment to the articles of association is two thirds of the votes of the members attending the meeting and entitled to vote. Voting on amendments to the articles of association at the General Assembly shall be conducted openly.
Dissolution of the Association and the Manner of Liquidation of Its Assets
Article 25 – The General Assembly may decide at any time to dissolve the Association.
In order for the matter of dissolution to be discussed at the General Assembly, a two-thirds majority of the members entitled to participate and vote in the General Assembly is required. Where the meeting is postponed due to failure to achieve a quorum, no quorum is required at the second meeting. However, the number of members attending this meeting may not be less than twice the total number of members of the Board of Directors and the Supervisory Board.
The decision-making majority required for a dissolution decision to be taken is two thirds of the votes of the members attending the meeting and entitled to vote. Voting on a dissolution decision at the General Assembly shall be conducted openly.
Liquidation Proceedings
Where a dissolution decision has been taken by the General Assembly, the liquidation of the Association’s money, property and rights shall be carried out by a liquidation committee composed of the members of the last Board of Directors. These proceedings shall commence on the date on which the General Assembly decision on dissolution was taken or on which automatic termination became final. During the liquidation period, the phrase “Mültecilerle Dayanışma Derneği in Liquidation” shall be used in the Association’s name in all transactions.
The liquidation committee is tasked and empowered to complete, from start to finish and in accordance with legislation, the proceedings for the liquidation of the Association’s money, property and rights. This committee shall first examine the Association’s accounts. During the examination, the Association’s books, receipt vouchers, expenditure documents, title deed and bank records and other documents shall be identified, and its assets and liabilities recorded in minutes. During the liquidation proceedings, a call shall be made to the Association’s creditors, and any property shall be converted into cash and paid to the creditors. Where the Association has receivables, these shall be collected. After the collection of receivables and the payment of debts, all remaining money, property and rights shall be transferred to the entity determined by the General Assembly. If no transferee has been determined by the General Assembly, they shall be transferred to the association in the province where the Association is located whose purpose is closest to its own and which has the largest number of members on the date of dissolution.
All liquidation proceedings shall be set out in the liquidation minutes, and the liquidation proceedings shall be completed within three months, excluding additional periods granted by the civil administrative authorities on justified grounds.
Following the completion of the liquidation and transfer proceedings in respect of the Association’s money, property and rights, the liquidation committee is obliged to notify the situation in writing within seven days to the civil administrative authority of the place where the Association’s headquarters is located, and to attach the liquidation minutes to that letter.
The members of the last Board of Directors, in their capacity as the liquidation committee, are responsible for safekeeping the Association’s books and documents. This duty may also be assigned to a single member of the Board of Directors. The retention period for these books and documents is five years.
Absence of Provision
Article 26 – On matters not specified in these articles of association, the provisions concerning associations of the Law on Associations, the Turkish Civil Code, the Regulation on Associations issued pursuant to these laws, and other relevant legislation shall apply.