Ihsan Harmful Habits Protection Association
Article 1. Name and Center of the Association
Name of the Association is “Ihsan Harmful Habits Protection Association”. The Association Center is in Bursa. The Association may open branches abroad and within the country.
Article 2. Purpose, Working Subjects and Formats, Field of Activity of the Association
Fighting all harmful habits that harm youth and society in our country with our national and spiritual values, in an atmosphere of moral and cultural development, such as gambling, prostitution and screen addiction, as well as addictions that destroy the body and mental health of society and youth, such as alcohol, drug and cigarette addiction. The association was established with the aim of raising generations connected to the national culture and minimizing the consumption of alcohol, drugs, cigarette consumption and other bad habits by cooperating with state organs and non-governmental organizations.
Article 2.1. Working Topics and Forms to be Continued by the Association
2.1.1. The association ensures the development and strengthening national and spiritual feelings, moral and intellectual life in the society, maintaining social cooperation, solidarity and national unity. In order to encourage the ideal of facility and to apply individuals’ beliefs in their business, professional and personal lives, the association carries out all kinds of press activities. Prepare culture, art and educational pages and columns, programs for radio and tv stations in media organs, prepares and organizes special video, cinevision, multivision and similar programs related to the field for the public and youth. In line with the purpose, operates in the internet environment. Conducts research to enable and improve its activities.
2.1.2. The association, in line with the purpose, holds all kinds of meetings at home and abroad, courses, seminars, conferences, panels, open sessions, symposiums, prizes / non-prizes competitions and organizes training activities for young people to get rid of bad habits such as smoking and alcohol and organizes exhibitions, kermisses, films, videos, clips, theaters and similar events. Conducts agency activities. Creates student clubs for cultural purposes. Opens camps when necessary.
2.1.3. The association provides all kinds of information, documents, documents and publications necessary for the realization of the purpose and establishes a documentation center, library, archive. Publishes national and spiritual content and publishes newspapers, magazines, books and posters, billboards, brochures, labels, stickers, badges, virils to announce their work and publishes work and information bulletins to distribute to its members.
2.1.4. The association gives scholarships and finances academic studies to students in order to develop national / spiritual feelings and makes people who are knowledgeable about the subject of all kinds of scientific, religious, historical, social, cultural, economic, environmental and research purposes, surveys, public opinion polls, reports, royalty, translations in the fields related to the objectives of the association. Publishes the results of these studies in printed-audio-visual publications.
2.1.5. The association gives opinions to remove social, cultural, actual and legal obstacles that damage the national and spiritual feelings of the society and conducts scientific research, public opinion polls, prepares reports and informs the results to the relevant people and institutions.
2.1.6. The association helps people and their families who are victims of material and spirituality due to drinks, drugs, cigarettes and other bad habits, conducts studies in the field of health and education for the rehabilitation of those who are physically and psychologically ill and establish treatment centers and provides in-kind and cash aids to the poor, the stranded, the disabled, the deserted, orphans, the elderly.
2.1.7. The association provides financial aid, books and documents to collection centers, dormitories, schools, treatment and rehabilitation centers, and meets conference requests, for street children.
2.1.8. The association employs permanent or temporary staff to be used in cooperation and solidarity with treatment and rehabilitation centers for street children, alcohol and drug addictions and foundations and associations established in this field, when necessary.
2.1.9. The association ensures the hanging of the association boards to the stations, piers, waiting rooms, terminals and other places where the publicly located, as well as utilizing the city boards, hanging the boards related to the association on the tramway, suburban train, bus and wagons.
2.1.10. The association provides financial support to the families of street children reported by the law enforcement agency, and ensures that all kinds of activities are carried out to raise awareness of the society on issues related to the association and street children, and provides foster families for street children, according to the relevant laws, provides financial aid to needy foster families.
2.1.11. The association provides financial support to the rented branches in the purchase of the working bureau and financial support for the activities of the branches related to the activities of the association.
2.1.12. The association ensures scientists, craftsmen and that people loved by young people participate in activities on association issues and pays the necessary costs. The people who serve the purposes of the association are given a plaque and a certificate of honor and presents of thanks and gratitude.
2.1.13. The association provides a healthy working environment for the realization of the purpose, provides all kinds of technical tools and equipment, fixtures and stationery materials.
2.1.14. The association carries out charity activities provided that necessary permits are obtained and accepts donations from home and abroad.
2.1.15. The association establishes and operates economic, commercial and industrial enterprises in order to provide the revenues needed for the realization of the purpose of the charter.
2.1.16. The association establishes club and social, cultural and educational facilities, opens dormitories and furnishes them for the benefit of their members and their leisure time.
2.1.17. The association organizes dinner meetings, concerts, balls, theaters, exhibitions, sports, excursions and entertaining events for the development and maintenance of human relations among its members and enables its members to benefit from such activities.
2.1.18. The association purchases, sells, rents, and leases the movable and immovable property needed for its activities and establishes the same right on immovables.
2.1.19. The association establishes a foundation, federation or joins an established federation if it is deemed necessary to achieve its goal and Establishes the facilities with the necessary permission.
2.1.20. The association operates internationally, becomes a member of associations and organizations abroad and collaborates with these organizations on a project basis.
2.1.21. The association receives material assistance from associations of similar purpose, workers and employers’ unions and professional organizations, and provides financial aid to the said institutions.
2.1.22. In order to realize the purpose, the association carries out joint projects with the public institutions and organizations on issues falling within its fields of duty, The provisions of the Law No. 5072 on Associations and Foundations’ Relations with Public Institutions and Organizations are reserved.
2.1.23. The association establishes a chest to meet its members’ essential items such as food and clothing, and other goods and services, and short-term credit needs.
2.1.24. The association opens branches and representative offices where deemed necessary.
2.1.25. The association creates platforms to achieve a common goal with other associations and foundations, unions and non-governmental organizations in areas that are related to the purpose of the association and are not prohibited by law.
2.2. Activity Area of the Association
The association operates in the social field
Article 3. Right to be a Member and Membership Procedures
Every real and legal person who possesses the action license and accepts the aims and principles of the association and accepts to work in this direction and carrying the conditions stipulated by the 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 to settle in Turkey. This condition does not apply to honorary membership.
Membership application to be made in writing to the presidency of the association is decided by the board of directors of the association in the form of acceptance to membership or rejection of the request within thirty days at most and the result is notified to the applicant in writing. The member whose application has been accepted is recorded in the book kept for this purpose.
The main members of the association are the founders of the association and the persons accepted by the board of directors upon their application.
Those who have provided significant financial and moral support to the association can be accepted as honorary members with the decision of the board of directors.
When the number of branches of the association reaches three, the membership records of those registered in the center of the association are transferred to the branches. New membership applications are made to the branch. Membership admissions and deletions are done by branch management boards and notified to the headquarters with a post within thirty days at most.
Article 4. Unsubscribe
Each member has the right to leave the association, provided that they notify them in writing. As soon as the resignation petition of the member reaches the board of directors, the exit procedures are deemed to be concluded. Leaving membership does not end the accumulated debts of the member to the association.
Article 5. Cancel Membership
Situations that require dismissal from association membership:
5.1. Behaving contrary to the charter of the association
5.2. Constantly avoiding the given tasks
5.3. Not to pay the membership fee within six months despite written warnings
5.4. Not to comply with the decisions made by the organs of the association
5.5. To have lost the conditions of being a member
In case one of the above-mentioned situations is detected, the member can be removed from membership by the decision of the board of directors.
Those exited or removed from the association memnership are deleted from the member registry and cannot claim rights in the association’s assets.
Article 6. Association Bodies
Bodies of the association are shown below:
6.1. General Assembly
6.2. Board of Directors
6.3. Supervisory Board
Article 7. Form of Establishment of the General Assembly, Meeting Time, Invitation and Meeting Procedure
The general assembly is the most authoritative decision making body of the association; members registered in the association; consists of delegates elected by members registered at the branch upon the decision of the general assembly.
General Assembly convenes ordinarily at the time specified in this charter, extraordinarily in thirty days when it is deemed necessary by the management or supervisory board or upon the written request of one fifth of the members of the association.
The ordinary general assembly convenes every 3 years, in December, at the place and time determined by the board of directors.
The general assembly is called to the meeting by the board of directors.
If the board of directors does not call the general assembly to the meeting; Upon the application of one of the members, the magistrate assigns three members to call the general assembly for a meeting.
7.1. Invitation Procedure *
The board of directors organizes the list of members who are entitled to attend the general assembly according to the charter of the association. Members who are entitled to attend the general assembly are invited to the meeting at least fifteen days in advance by announcing the day, time, place and agenda in a newspaper or by written or electronic mail. In this invitation, if the meeting cannot be held due to the lack of majority, the date, time and place of the second meeting will also be stated. The time 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 absence of majority, this situation is announced to the members in accordance with the invitation procedure made for the first meeting, by stating the reasons for postponement. It is obligatory to hold the second meeting within six months at the latest from the postponement date. Members are recalled to the second meeting according to the principles stated in the first paragraph.
General assembly meeting cannot be postponed more than once.
7.2. Meeting Procedure *
The General Assembly convenes with the participation of the absolute majority of the members who are entitled to attend and with the participation of two thirds in case of charter amendment and termination of the association; if 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 board of directors and supervisors.
The list of members who have the right to attend the general assembly is made available at the meeting place. The identity documents 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 signing in front of their names on the list arranged by the board of directors.
If the meeting quorum is provided, the situation is determined in 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 he will appoint. If the meeting quorum is not met, a minutes is issued by the board of directors.
After the opening, a chairman and a sufficient number of vice-chairmen and clerk are elected to create the council committee.
In voting for the selection of the organs of the association, it is obligatory for the voting members to show their identities to the council committee and to sign in front of names at the list of participants.
The management and security of the meeting belongs to the chairman of the council.
In the general assembly, only the items on the agenda are discussed. However, it is obligatory to be on the agenda the topics that are requested to be discussed in writing by one tenth of the members present in the meeting.
In the general assembly, each member has one vote; member must use own vote personally. Honorary members may attend general meetings but can not vote. If the legal entity is a member, the chairman of the legal entity or the person to be appointed by the chairman votes.
Issues discussed and decisions taken at the meeting are written in a minutes and signed together with the chairman of the council and the clerks. At the end of the meeting, the minutes and other documents are delivered to the chairman of the board of directors. The chairman of the board is responsible for protecting these documents and delivering them to the newly elected board within seven days.
Article 8. Voting and Decision Making Procedures and Forms of the General Assembly
In the general assembly, if no decision is taken otherwise, the elections of the members of the management and supervisory board are voted by secret ballot, decisions on other issues are openly voted. Secret votes are votes collected by throwing papers or ballot papers sealed by the chairman of the meeting into a hollow container after the members have made the necessary and and after the voting is over, it is determined by open itemising. In open voting, the method to be specified by the chairman of the general assembly is applied.
General assembly decisions are taken by the absolute majority of the members attending the meeting. Amendments to the charter and the dissolution of the association can only be made with the two-thirds majority of the members attending the meeting.
8.1. Decisions Taken without a Meeting or Invitation *
The decisions taken with the written participation of all members without coming together and the decisions of all members of the association coming together without following the invitation procedure written in this charter are valid. Decision making in this way is not a regular meeting.
Article 9. Duties and Authorities of the General Assembly
The issues written below are discussed and resolved by the general assembly.
9.1. Election of association bodies.
9.2. Changing the association charter.
9.3. Discussion of management and supervisory board reports and the discharge of the board of directors.
9.4. Discussing the budget prepared by the board of directors and accepting it exactly or by changing it.
9.5. Inspection of other bodies of the association and their dismissal if necessary, for justified reasons.
9.6. Examining and resolving the objections against the decisions of the board of directors regarding the rejection or dismissal of membership.
9.7. Purchase of immovable property required for the association or authorizing the board of directors to sell existing immovable property.
9.8. Examining the regulations to be prepared by the Board of Directors regarding the activities of the association, and approving them exactly or by changing them.
9.9. Determination of the wages to be paid to the president and members of the association’s executive and supervisory boards who are not public officials and all kinds of allowances, fares, compensations and daily and fare amounts to be given to members to be assigned for association services.
9.10. Deciding on joining and leaving the association to the federation and authorizing the board of directors in this regard.
9.11. Deciding on opening the branches of the association and authorizing the board of directors in this regard.
9.12. International activity of the association, joining and leaving associations and organizations abroad as a member.
9.13. Association’s establishing a foundation.
9.14. Association’s termination.
9.15. Examining and resolving other suggestions of the board of directors.
9.16. As the most authoritative body of the association, performing the works that have not been given to another body of the association and using the authority.
9.17. Performing other duties specified by the general assembly in the legislation.
Article 10. Formation, Duties and Authorities of the Board of Director
The Board of Directors is elected by the general assembly as five principal and five substitute members. The board of directors determines the president, vice-president, secretary, treasurer and member by dividing the task with a decision at the first meeting after the election.
The board of directors can be invited to the meeting at any time provided that all members are informed. Meets when more than half of the members are present. Decisions are taken by the absolute majority of the total number of members attending the meeting.
In case of vacancy due to resignation or other reasons in the main membership of the board of directors, it is obligatory to call the substitute members according to the majority of votes received in the general assembly.
Board of Directors fulfills the following issues:
10.1. Representing the association or authorizing one of its members or a third party in this regard
10.2. To make transactions regarding income and expense accounts and prepare the budget for the next period and present it to the general assembly.
10.3. Preparing the regulations related to the activities of the association and presenting it to the approval of the general assembly.
10.4. Purchase of immovable property, selling movable and immovable property belonging to the association, building structure or facility, making a lease agreement, establishing pledge mortgages or real rights in favor of the association, with the authority granted by the general assembly.
10.5. To ensure that transactions related to opening branches are carried out with the authority granted by the general assembly.
10.6. To supervise the branches of the Association and, if necessary, to dismiss branch management boards for justified reasons.
10.7. To provide representation in places deemed necessary.
10.8. To implement the decisions taken in the general assembly
10.9. At the end of each activity year, to prepare a business account statement or balance sheet and income statement and a report explaining the work of the board of directors and present to the general assembly.
10.10. To ensure the implementation of the budget.
10.11. To decide on recruitment or dismissal from the association
10.12. To make and implement all kinds of decisions within the authority to realize purpose of the Association.
10.13. To perform other duties assigned by the legislation and to use authorities.
Article 11. Formation, Duties and Authorities of the Supervisory Board
The Supervisory Board is elected by the general assembly as three principal and three substitute members. In case of vacancy due to resignation or other reasons in the main membership of the supervisory board, it is obligatory to call the substitute members according to the majority of votes received in the general assembly.
11.1. Duties and Authorities of the Supervisory Board
Supervisory board; whether the association operates in line with the work subjects stated to be pursued in order to achieve the purpose set out in the charter, whether books, accounts and records are kept in accordance with the legislation and the charter of the association, checks according to the principles and procedures determined in the charter of the association and at intervals not exceeding one year. And submits the results of the audit to the board of directors in a report and to the general assembly when convened.
Supervisory board calls the general assembly to meeting when necessary.
Article 12. Income Sources of the Association
The income sources of the association are listed below
12.1. Member fee: Members are paid 10 YTL as the entrance fee and 1 YTL monthly. This amounts to increase or decrease the general assembly or if authorized, the board of directors is authorized.
12.2. Branch payment: In order to meet the general expenses of the association, 50% of the member payments collected by the branches are sent to the headquarters every six months.
12.3. Donations and aids made by real and legal persons to the association upon their own will.
12.4. Revenues from activities such as tea and dinner meeting, travel and entertainment, representation, concert, sports competition and conference organized by the association.
12.5. Income from the assets of the association.
12.6. Donations and aids to be collected in accordance with the provisions of the legislation on fundraising.
12.7. Earnings from commercial activities initiated by the association to provide the income it needs to achieve its purpose.
12.8. Other revenues.
Article 13. Bookkeeping Principles and Procedures of the Association and Books to be kept *
13.1. Bookkeeping principles
The book is kept at the association on business account basis. However, if the annual gross income exceeds 500.000 YTL for 2005, starting from the following accounting period, the book is kept on the balance sheet basis.
In case of switching to the balance sheet basis, if it is falls below the above mentioned limit in two consecutive accounting periods, it can be returned to the business account basis from the following year.
Regardless of the above-mentioned limit, books can be kept on a balance sheet basis by the decision of the board of directors.
In case of opening a commercial enterprise of the association, books are also kept for this commercial enterprise in accordance with the provisions of the Tax Procedure Law.
13.2. Registration Procedure
The books and records of the association are kept in accordance with the procedures and principles specified in the Associations Regulation.
13.3. Required Books
The books below are kept in the association.
13.3.a. The books to be kept on a business account basis and the principles to be followed are as follows:
- Decision Book: Board decisions are written in this book in date and order number and decisions are signed by members attending six meetings.
- Member Registry Book: Identity information, entry and exit dates of the members who are registered as members of the association are recorded in this book. Entrance and annual fees paid by the members can be recorded in this book.
- Document Registry Book: Incoming and outgoing documents are recorded in this book with their date and order number. Originals of incoming documents and copies of outgoing documents are filed. Documents incoming or outgoing via electronic mail are stored by printing.
- Fixture Book: The date and form of acquisition of the fixtures of the association and the places where they are used or given and and de-registration of those who have expired are recorded in this book.
- Business Account Book: Incomes and expenses incurred on behalf of the association are clearly and regularly recorded in this book.
- Receipt Document Registry Book: Serial and sequence numbers of receipts documents, the names, surnames and signatures of the recipients of those documents and the dates they received and returned are recorded in this book.
13.3.b. The books to be kept on a balance sheet basis and the principles to be followed are as follows:
- The books registered in subparagraphs 1, 2, 3 and 6 of paragraph (a) are also kept if the book is kept on a balance sheet basis.
- Wages Book, Large Book and Inventory Book: The method of keeping and recording of these books is made in accordance with the Tax Procedure Law and the principles of the Accounting System Application General Communiqués published pursuant to the authority granted by this Law to the Ministry of Finance.
13.4. Approval of the Books:
Before starting to use books that are obligatory to be kept in the association, they are certified by the provincial associations directorate or notary. The use of these books continues until the pages are finished and the books are not certified as intermediate. However, books kept on the basis of balance sheet and books with form or continuous form must be reaffirmed every year in the last month before the year of use.
13.5. Income Statement and Balance Sheet Arrangement
In case of keeping records on the basis of business account, “Business Account Table” (specified in Associations Regulation Annex-16) is prepared at the end of the year (31 December). In case of keeping a book on a balance sheet basis, the balance sheet and income statement are prepared at the end of the year (31 December) based on the General Notices of Accounting System Implementation published by the Ministry of Finance.
Article 14. Income and Expense Transactions of the Association *
14.1. Income and Expenditure Documents
Association revenues are collected with the “Receipt Document” (sample of which is included in the Associations Regulation Annex-17). In case of collection of the income of the association through banks, documents such as account abstracts or bank statements issued by the bank replace the receipt.
Association expenses are made with expenditure documents such as invoice, retail slip, self-employment receipt. However, in accordance with the provisions of the Tax Procedure Law, an “Expense Receipt” is issued for the payments of the association within the scope of Article 94 of the Income Tax Law and also for the payments not included in this scope (having an example in the Associations Regulation Annex-13).
Free goods and service deliveries to be made by the association to individuals, institutions or organizations are made with the “In-kind Aid Delivery Document” (sample of which is included in the Associations Regulation Appendix-14). Free goods and service deliveries to be made to the association by individuals, institutions or organizations are accepted with the “In-kind Donation Receipt Document” (which is an example in the Associations Regulation Annex-15).
14.2. Receipt Documents
“Receipt Documents” (in the format and size shown in the Associations Regulation Appendix-17) to be used in collecting the revenues of the association are printed by the decision of the board of directors.
It is acted in accordance with the relevant provisions of the Regulations of Associations regarding the printing and control of receipt documents, delivery from the printing house, recording in the book, handover and receipt document between old and new treasurers and issues regarding the use of these receipts and the delivery of the collected income by the person or persons who will collect income on behalf of the association.
14.3. Licence of Authorization
The person or persons who will collect income on behalf of the association are determined by the decision of the board of directors, by specifying the term of authority. The “Authorization Document” (which has an example in Annex-19 of the Associations Regulation), which contains the clear identity, signature and photographs of the people who will collect income, is issued in three copies by the association and approved by the chairman of the board of directors. A copy of the Certificate is given to associations units. Changes regarding the authorization certificate are notified to the associations unit within fifteen days by the chairman of the board of directors.
Those who will collect income on behalf of the association can start collecting income only after a copy of the authorization documents issued to their name is given to the associations unit.
The relevant provisions of the Regulations of Associations are taken into account regarding the use, renewal, return and other issues of the authorization document.
14.4. Preservation Period of Income and Expenditure Documents
With the exception of the books, receipts, expenditure documents and other documents used by the association are 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.
Article 15. Submission of a Declaration *
The Association’s Declaration (presented in Annex-21 of the Associations Regulation) regarding the activities of the association and the income and expense transactions of the previous year by the end of the year is after approval by the board of directors, it is given to the relevant administrative authority by the president of the association within the first four months of each calendar year.
Article 16. Notification Obligation *
Notifications to the administrative authority;
16.1. General Assembly Result Notification
“General Assembly Result Notification” and its annexes (presented in Annex-3 of the Associations Regulation) containing the main and substitute members elected to the management and supervisory boards and other bodies are notified by the chairman of the board of directors to the relevant administrative authority within thirty days following the ordinary or extraordinary general assembly meetings:
The following are added to the general assembly result notification;
- Example of the minutes of the general assembly meeting signed by the chairman of the council, vice presidents and clerk,
- If the charter has been amended, the new and old form of the changing articles of the charter and the final form of the association’s charter are signed by the board of directors.
16.2. Notification of Immovables
The immovables acquired by the association are notified to the administrative authority by filling the “Immovable Property Declaration” (presented in Annex-26 of the Associations Regulation) within thirty days after registration.
16.3. Notification of Getting Aid from Abroad
In case of receiving assistance from abroad, fill out the “Notice of Getting Help from Abroad” (stated in the Associations Regulation Appendix-4) in two copies before receiving assistance, and notify the administrative authority.
In the notification form, an example of the decision of the board of directors on receiving assistance from abroad, the protocol if any, contract and similar documents, and a copy of the receipt, extra and similar document related to the account to which the aid is transferred are also added.
It is obligatory to receive cash aids through banks and fulfill the notification requirement before use.
16.4. Notification Regarding Joint Projects Conducted Together With Public Institutions and Organizations
The protocol and the sample of the project regarding the joint projects carried out with the public institutions and organizations in matters related to the field of duty of the association are added to the “Project Notification” (shown in the Associations Regulation Annex-23) and it is given to the governorship of the place where the association’s center is located within one month following the protocol date.
16.5. Notification of Changes
The change occurring in the settlement of the association is by filling out the “Settlement Change Notification” (specified in the Associations Regulation Annex-24), the changes in association bodies other than the general assembly meeting is by filling out the “Notification of Change in Association Bodies” (stated in the Associations Regulation Annex-25) notified to the administrative authority within thirty days following the change.
Amendments to the charter of the association are also notified to the administrative authority in the attachment of the general meeting result notification within thirty days following the general meeting of the charter.
Article 17. Internal Audit of the Association
Internal audit can be performed by the general assembly, the board of directors or the supervisory board in the association, or independent audit institutions can 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 relieve the liability of the supervisory board. Audit of the association is carried out by the supervisory board at least once a year. The general assembly or the board of directors may conduct audits when deemed necessary or have the audit performed by independent audit firms.
Article 18. Borrowing Procedures of the Association
The Association may borrow with the decision of the board of directors, if necessary, in order to realize its purpose and carry out its activities. This borrowing can be made on the purchase of goods on credit and services, or on cash. However, this borrowing cannot be made in amounts that cannot be covered by the income sources of the association and in a kind that will make the association to pay difficulties.
Article 19. Foundation of the Association’s Branches
The association can open a branch in the places deemed necessary by the decision of the general assembly. For this purpose, the founders board of at least three persons authorized by the board of directors of the association gives the branch establishment notification specified in the Associations Regulation and the necessary documents to the largest civilian authority of the place where the branch will be opened.
Article 20. Duties and Authorities of the Branches
Branches are the internal organization of the association, which does not have legal personality, is responsible and authorised for carrying out autonomous activities in line with the objectives and service issues of the association, and for which it is responsible for its receivables and debts arising from all transactions.
Article 21. Organs of Branches and Provisions to be Applied to Branches
The organs of the branch are the general assembly, the board of directors and the supervisory board. The General Assembly is composed of registered members of branches. The board of directors is elected by the branch general assembly as five principal and five substitutes, and the supervisory board as three principal and three substitute members.
The duties and authorities of these bodies and other provisions related to the association included in this charter are also applied in the branch within the framework stipulated by the legislation.
Article 22. The Time of the General Assembly Meetings of the Branches and How to Represent them at the General Assembly of the Headquarters
Branches are obliged to finish their ordinary general assembly meetings at least two months before the headquarters general assembly meeting. The ordinary general assembly of the branches meets every 3 years, in September, at the place and time determined by the branch management board.
Branches are obliged to notify an example of the general assembly result notification within thirty days from the date of the meeting to the local authority and the headquarters of the association.
Branches are represented by elective and natural delegates at the headquarters general assembly. The heads of the management and supervisory boards of the branches are selected as natural delegates, one (1) for every twenty (20) members registered in the branch, and one for those members if the remaining number is more than 10 or the total number of members is less than 20, and delegates have the right to attend the headquarters general assembly to represent the branch, as an optional delegate.
Delegates elected in the last branch general assembly attend the headquarters general assembly. Headquarters management and supervisory board members attend the headquarters general assembly, but cannot vote, unless a delegate is elected on behalf of the branch.
Those who are on the management or supervisory board of the branches leave their posts at the branch when they are elected to the headquarters or supervisory board.
Article 23. Open a Representative Office *
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 is notified in writing to the administrative authority of that place by the person or persons appointed as representative by the decision of the board of directors. Representative offices may not be represented in the General Assembly. Branches cannot open representative offices.
Article 24. How to Change the Charter
The charter amendment can be made by the decision of the general assembly. 2/3 majority of the members who have the right to vote and attend the general assembly in order to change the charter in the general assembly is sought. If 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 board of directors and supervisors.
The majority of decisions required for the amendment of the charter are 2/3 of the votes of the members who attend the meeting and have the right to vote. Voting of the amendment of the charter is made openly in the general assembly.
Article 25. Termination of the Association and Liquidation of Assets
The general assembly can always decide the termination of the association. In order to discuss the issue of termination in the general assembly, 2/3 majority of the members who have the right to attend and vote in the general assembly are sought. If 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 board of directors and supervisors.
The majority of decisions required to make the termination decision are 2/3 of the votes of the members who attend the meeting and have the right to vote. Decision of termination voting is made openly in the General Assembly.
25.1. Liquidation Procedures
When the general assembly decides to terminate, the liquidation of the association’s money, property and rights is done by the liquidation committee consisting of the members of the last board of directors. These transactions are started from the date when the general assembly decision regarding the termination is taken or the spontaneous termination is finalized. In the liquidation period, the phrase “Ihsan Harmful Habits Protection Association in Liquidation” is used in the name of the association.
The liquidation committee is responsible and authorized to complete the liquidation procedures of the association’s money, property and rights in accordance with the legislation. This board first examines the accounts of the association. During the examination, the books, receipts, expenditure documents, deed and bank records and other documents of the association are determined and their assets and liabilities are recorded in a minute. During liquidation proceedings, the creditors of the association are called and, if any, their goods are converted into money and paid to creditors. In case the association is a creditor, the receivables are collected. All money, property and rights remaining after 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 is transferred to the association which has the highest number of members on the date of termination and closest to its purpose in the province where the association is located.
All the transactions related to liquidation are shown in the liquidation record and the liquidation procedures are completed within three months, excluding the additional periods given by the administrative offices based on a just cause.
Following the completion of the liquidation and transfer of the association’s money, property and rights, the liquidation committee must notify the administrative authority of the place where the association’s headquarters is located, and the liquidation minutes must be attached to this letter within seven days.
The last board of directors is in charge of keeping the association’s books and documents as liquidation committee. This duty can be conferred to a board of member too. These books and records must be kept for five years.
Article 26. Lack of Provision
In matters not mentioned in this charter; The Associations Law, The Turkish Civil Code and the Regulations of Associations issued with reference to these laws, and the provisions of other relevant legislation on associations are applied.
Temporary Article 1. *
Temporary members of the board of directors who will represent the association and conduct business and transactions related to the association are listed below until the association bodies are formed in the first general assembly.
Temporary Board Members;
Name and Surname : Position Title : Signature:
Ercan DURAK President
Mustafa KÜÇÜKKARACA Vice-President
Mehmet Ali İNCE Treasurer
Hüseyin GÜNERİ Secretary
Murat TUĞTEKİN Member
Hasan KANDIRA Member
Seçkin ZENGİN Member
This charter consists of 26 (twenty six) articles and 1 (one) temporary article.
(Postscript: The items or sections marked with an (*) are not compulsory issues in the charter. Items written in red in this charter are issues that can be changed, provided they are not in violation of the Legislation. “Existing board of directors” shall be written instead of “temporary board members” in associations whose establishment is old and will change their charters completely.)