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CHARTER OF THE
KİMSE YOK MU
SOCIAL SOLIDARITY AND ASSISTANCE ASSOCIATION
CHAPTER ONE
TITLE, HEADQUARTERS, PURPOSE AND SCOPE OF ACTIVITIES
ARTICLE 1: TITLE OF THE ASSOCIATION
The title of the Association is KİMSE YOK MU Social Solidarity and Assistance Association (hereinafter the Association).
(in Turkish: KİMSE YOK MU Dayanışma ve Yardımlaşma Derneği).
ARTICLE 2: HEADQUARTERS OF THE ASSOCIATION
Headquarters of the Association shall be located in Istanbul. The Headquarters’ address in Istanbul may be changed by decision of the Board of Directors. The Association can establish branch offices in the country and abroad.
ARTICLE 3: PURPOSE OF THE ASSOCIATION
The Association shall contribute to development and broadening of the notions of social responsibility, solidarity and mutual assistance, raising public awareness in these issues, increasing the socio-economic level of society, and preservation and promotion of historic and cultural values in line with the basic provisions of our Constitution and Atatürk’s principles.
The Association shall provide, when needed, and proportionally to its means and facilities, all kinds of material aid and help in kind, such as food, clothing, hygieneitems, fuel, rent, shelter, health care, education, employment assistance, to those who are in need of it, be it under ordinary or extraordinary conditions, such as wars, earthquakes, flood, fire or any other situation, both in Turkey and all over the world.
Aid and services which are the purpose of the Association, shall be open to each and every human being and shall never be limited to a certain group or region. For this reason, the said aid and services shall be distributed urgently and equally without any preference, or dicsrimination on the base of color, language, religion, nationality, confession, political or phylosophic views, social class, gender, region, country or any other features.
The Association shall by no means be engaged in any political activity.
ARTICLE 4: ACTIVITIES CARRIED OUT BY THE ASSOCIATION IN ORDER TO ACHIEVE ITS GOALS
a) Assistance activities
The Association shall protect, and provide all kinds of material aid and help in kind to the poor, needy, orphans, widow(er)s, lonely, street children, and people left in the street at any age, diseased, displaced, refugees, and those who are stranded in their way, both in Turkey and all over the world. For these purposes, the Association shall establish, asist establishing or contribute to the activities of already established shelters of all kinds, almhouses, rest homes, community dwellings, rehabilitation centers fort he street children and disabled, cookhouses, slaughter houses, kindergardens, guethouses, prayer houses, cultural centers, that will help to contribute to the achievement of the said objectives, both in Turkey and abroad. The Association shall built, establish and run tent towns, logistic centers, shops and other faciliyies for social purposes, and provides all kinds of material aid and help in kind to the said facilities. Moreover, the Association shall provide food for the needy and shall purchase services, related to this activity.
The Association shall, both in Turkey and all over the world, give priority to the elimination of poverty, decreasing infant mortality and increasing maternity health, shall prepare and implement projects regarding these activities, cooperate with institutions acting in order to achieve similar objectives, carry out assessment in order to detect the really needy individuals or groups, and shall establish a department in charge of assessment.
The Association shall draw a country’s poverty map on the base of quarters in every location, and define individuals, organizations and brother families who will provide aid to the poor. In this regard, the Assocıatıon shall detect the indıviduals who contributed to the promotion of our country and culture by means of human aid, education, culture etc. in Turkey and all over the world, and became needy due to disease, age or any other reasons, and provide them with necessary aid. Consequently, the needy shall be able to receive necessary aid, such as food, rent, shelter, living, fuel, clothing, hygiene items, establishing a workplace, home items without applying for it. The Association shall organize promotional events on these issues, and participate in the already organized events, and shall assist other associations having the same objectives.
b) Social activities
The Association shall organize meetings aimed at raising funds and providing information about its activities. Bevereages and meals can be served during these events. The Association shall organize bring and buy sales, fundraising fairs, public sales, sport contests, picnics, concerts and other events. The events during which the poor will meet those who provide the necessary aid, and aimed at implementation of ‘brother families’ project, shall be organized. Circumcision celebrations shall be organized for boys from the poor families. The Association shall provide the funeral for the poor and the lonely. Moreover, it shall cover the wedding expenses of the needy, and organize their weddings.
c) Education activities
The Association shall, in accordance with the current legislation, cooperate with the organiations engaged in education activities aimed at helping the street children, physically and mentally disabled people to get proper education, shall provide scholarships to the needy students living or studying in schools, hostels, dormitories, reading halls, rehabilitation centers etc., and shall provide them with food, clothing and transportation aid in Turkey and all over the world. The Association shall, in the framework of its means and facilities, construct buildings by itself, run them or transfer the exploitation rights of the said buildings.
The Association shall provide scholarships to needy students and persons in their academic careers in Turkey and all over the world irrespectively of their nation, religion, race or language, and shall provide them with the necessary material aid and help in kind.
The Association shall carry out education activities aimed at prevention and elimination of poverty. In this regard, the Association shall carrry out activities aimed at bringing the recipients to the level of self-sufficience, and shall establish professional courses in Turkey and all over the world. In order to assist the recepients to earn their living, micro-crediting programs can be applied.
In order to mantain the activity-related proficiency of its members, staff members and volunteers, the Association shall provide them with education opportunities in Turkey and abroad, and shall, when needed, organize language courses.
d) Health care activities
The Association shall, in the framework of current legislation and its means and facilities, provide medical treatment to the needy and poor patients in Turkey and all over the world, and contribute to providing financial aid to those in need of medical treatment or medicines due to birth, disease, accident etc. The Association shall provide treatment in Turkey and all over the world. In order to achieve these objectives, the Association shall establish DISPANSER, clinics, maternity units, hospitals, mobile health care teams and health care vehicles, pharmacies etc., and shall assist the already established ones.
The Association shall carry out preventive health care activities and patient transportation services, cooperate with organizations working in the field of health care, and purchase medical services, provide treatment-long housing to patients who arrive from other locations, and persons, accompanying them, and purchase respective services, and provide necessary devices and items to disabled patients and other organizations, assisting them.
The Association shall establish volunteer health care teams, provide proficiency education, and send health care personel and medical items to the regions where medical help is needed, and organize evnts aimed at raising public awareness in the field of health and health care.
The Association shall establish search and rescue teams to act during emergency relief, provide them with necessary equipment and proper education in the said field, store the
necessary vehicles, equipment and items in places desined for these purposes, and establish logistic centers.
e) Environmental activities
The Association shall carry out activities aimed at environmental protection and preventing environment pollution. For these purposes, it shall organized events dedicated to prevention of pollution of the environment, erosion and global warming, cooperate with organizations having similar objectives in the said field, carry out research, prepare projects, contribute to these activities, and participate in the activities related to environmental protection in Turkey and all over the world. The Association shall also maintain activities aimed at conservation, preservation and restoration of objects of historical and cultural value, and assist the persons and organizations acting in the same field.
f) Cooperation activities
In order to achieve its goals and further develop its activities, the Association shall, in the framework of current legislation, cooperate with state and civil society organs, and private companies. In this regard, it shall interact with foundations, associations, funds, Professional chambers and trade unions, federations and confederations in Turkey and all over the world. For this purpose, the Association shall establish branch offices in Turkey and abroad, contribute to the establishment of new associations and shall grant permission for the usage of its title.
The Association shall cooperate with the United Nations, World Bank, European Union and other international organizations and NGOs, prepares and assists organizations, preparing projects in order to use national and international funds.
g) Fundraising and publicity activities
In the scope of its purposes and in order to receive income and promote its activities, the Association shall organize public sales, fundraising fairs, conferences, exhibitions, panel discussions, seminars, workshops, symposiums in Turkey and all over the world, participate in similar events and opens its stands where needed. The Association shall publish books, brochures, magazines and other promotional items, organize promotional events and trips.
The Association shall establish and run economic enterprices, cooperatives and foundations, and act as a partner in enterprices and cooperatives. The Association shall purchase real estate, accept real estate donations, built houses and offer them for rent, use the said property for its purposes and run it in order to achieve its objectives.
The Association shall accept donations in the forms of cash money, food, clothing, vehicles, devices, fuel, hygiene items and living animals. In order to mantain its activities, the Association shall rent and offer movable or immovable property for rent, restore historical sites, rent and offer them for rent, accept all kinds of donations in the form of vehicles, purchase and rent vehicle and ensure their proper exploitation. In order to achieve its purposes and ensure proper working conditions, the Association shall provide all kinds of technical devices, office devices and stationary. The Association shall, in the framework of current legislation related to collecting aid, organize and run campaigns on collecting material aid and help in kind, and place donation boxes in the places deemed appropriate.
The Association shall present written and visual information on the aid, received in compliance with its purposes. While carrying out the said activities, the Association shall especially emphasize social responsibility, develop social feelings of mutual help and solidarity, and raise public awareness concerning national and spiritual values and human dignity.
For these purposes, the Association shall carry out, order and sponsor audio—and video broadcasts. In particular, the Association shall produce, order and participate in producing of published materials, movies and advertorials, theatre plays and other products of culture and art, and make use of Internet facilities while carrying out advertising and promotional activities. The Association shall organize scientific meetings, order monitoring researches, prepare respective reports, establish and run centers for scientific research, development and practice, and shall financially support those carrying out individual or collective researches oon the issues concerned.
The Association shall construct roads, bridges, water wells and water supply systems, build cities, towns, villages, wells, establish recreation areas and play grounds, school parks, social and cultural facilities, sport areas and gymnasiums, prayer houses etc. in Turkey and all over the world, take over their renovation and restoration or assist respective works. The Association shall name the said facilities after itself, historical heroes, people of science and sponsors who have contribuuted to theiir establishment. For these pur[poses, the Association shall receive respective aid from the people of science and experts and prepare plans and projects.
h) Using the Association’s property
Items donated to the Association, which cannot be used directly for aid, and defined as antique or historical pieces or items, can be put on sale or public sale with a view to accumulate income for the Association or get a commercial proposal. Moreover, the Association shall sell, turn into cash, replace, trade vehicles, devices, buildings and land having lost their material value or having insufficient value for the Association, and spend the accumulated income according to its objectives. The Association shall offer the real estate it ows or will owe, on condition it does not use or run it, for rent to other individuals or organizations, on long-term or short-term basis for a definite pay. The said property can be rented to an organization free of charge on condition the organization will carry out activities corresponding to the Association’s objectives.
I) Getting new volunteers involved in the Association’s activities
In order to achieve its goals, the Association shall accept the help from its volunteer members in Turkey and alll over the world. Education shall be provided and seminars given to certain groups of volunteers. The Association shall establish subordinate organs and commissions responsible for volunteer activities and establish clubs for raising public and social awareness among the young generation and promoting solidarity, mutual help and volunteer activities. The Association shall give the commissions duties and responsibilities it deems necessary, and shall give assignments to volunteers in the issues it deems necessary in Turkey and all over the world. Fo this purpose, the Association shall prepare respective instructions with regard to the work to be done, and their authorization.
Volunteers shall not receive payment for their services but their services and expenditures, such as transportation and accommodation, shall be reimbursed.
ARTICLE 5: FOUNDERS OF THE ASSOCIATION
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Name Surname
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Nationality
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Profession
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Ahmet AYLIDERE
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Turkish
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Director
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Sabit ÇAKAR
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Turkish
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Pensioner
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Gökhan ERGİNCAN
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Turkish
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Engineer
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Atilla EREN
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Turkish
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Freelancer
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İhsan AYDOĞAN
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Turkish
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Freelancer
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A.Kadir TEKİN
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Turkish
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Freelancer
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Mevlüt UYSAL
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Turkish
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Freelancer
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ARTICLE 6: LOGO OF THE ASSOCIATION
The Association’s Logo is the written title of ‘KİMSE YOK MU Dayanışma ve Yardımlaşma Derneği’ in blue and orange on a white ground color.
CHAPTER TWO
MEMBERSHIP, HONORARY MEMBERSHIP, RESIGNATION AND EXPULTION FROM THE ASSOCIATION MEMBERSHIP
ARTICLE 7: MEMBERSHIP IN THE ASSOCIATION, RESIGNATION, CONDITIONS AND FORMS OF EXPULTION, MEMBERSHIP TYPES
a-) Essential Membership
Essential Members are individuals and legal entities who have accepted the provisions of the present Charter and concluded their application forms, considered and approved by the Association. The Directorial Board shall consider application forms, presented in written, and conclude its decision on acceptation or decline of an application not later than 30 days after submission. In case of application decline, no explanations shall be given. No one shall be forced to apply for membership. No one shall apply pressure on the Association to have his/her or any other application accepted.
b-) Voluntary Membership
Voluntary Members are individuals who already have, or are believed to contribute greatly to the goals of the Association. They shall be granted Voluntary Member title by decision of the Directorial Board. In particular, Honorary Member title can be granted by decision of the Directorial Board to those who have made a valuable material and spiritual contribution to the Association’s activities. Voluntary and Honorary Members shall enjoy the right to participation in the meetings of the General Board but they shall not have the right for voting. Voluntary Members can pay membership fee on a voluntary basis.
ARTICLE 8: MEMBER’S RIGHTS
a) The right for membership is an individual’s personal right, it shall not be alienated or transferred by any means.
b) No one shall be forced to apply for membership or continue his/her membership. Every member has the right for resignation.
c) All the members shall enjoy equal rights irrespectively of their membership type.
d) Every Essential Member has the right for voting (1 vote) at the General Board. The vote shall be used personally.
e) Voluntary Members can pay membership fee and make donations on a voluntary basis, but they shall not have the rights for participation at the Directorial Board meetings and voting.
ARTICLE 9: RESIGNATION FROM THE MEMBERSHIP
Resignation from membership shall be concluded by a written Resignation Letter presented to the Directorial Board. The resigning member is obliged to pay all his/her debts with regard to membership fees and, in case of damage to the Association’s property, the full compensation.
ARTICLE 10: EXPULTION FROM THE MEMBERSHIP
The preconditions for expultion from the membership are as follows:
a) Losing the right for membership in the Association
b) Violating the provisions of the Charter or the instructions valid in the Association
c) Not paying membership fee for at least one year
d) Receiving the terminal expultion penalty
e) Providing erroneous data in the application form
f) Failing to duly carry out the responsibilities stated in the Charter or the instructions valid in the Association
g) Behaving in a manner contradicting with the Charter or objectives of the Association, or acting against the Association
h) Committing a crime and being tried and punished for it.
Members can be expulled from the Association due to reasons stated above, and by decision of the Directorial Board. Members shall have the right to oppose their expultion at the first meeting of the General Board during which their expultion will be considered. The decision of the General Board shall be final. The members which resign, ora re expulled from membership, shall not have the right to claim for reimbursement of their contributions and membership fees, paid before.
ARTICLE 11: EXPIRATION OF THE MEMBERSHIP
The preconditions for the expiration of membership are the folowing:
a) Member’s death or being missing
b) Termination of legal and actual conditions for membership
c) Liquidation of the Association followed by termination of memberships due to conclusion of liquidation procedures.
CHAPTER THREE
HEADQUARTERS, BRANCH, ORGANIZATION AND ORGANS
PART ONE
ARTICLE 12: CENTRAL ORGANS OF THE ASSOCIATION
The Central Organs of the Association are the following:
a-) Central General Board;
b-) Central Directorial Board;
c-) Central Auditing Board.
The Association shall have authorization for establishing other organs. At the same time, Central General Board and Central Auditing Board shall not delegate their authority and responsibilities to these organs.
PART TWO
ARTICLE 13: STRUCTURE OF THE CENTRAL GENERAL BOARD
The Central General Board of the Association shall be composed of essential members of the General Board and essential members of the branch offices. Honorary and voluntary members shall have the right to participation in the General Board meetings, express their views and proposals, but shall not have the right to voting. The General Board of the Headquarters is formed by participation of all the essential members.
ARTICLE 14: MEETINGS OF THE CENTRAL GENERAL BOARD
a) Regular meetings
Regular meetings shall be held once in three years in May. The venue of the meeting shall be defined by the Directorial Board.
b) Extraordinary meetings
Extraordinary meetings shall be held when the Central Directorial Board or Central Auditing Board deem it necessary, or on condition that one-fifth of the Central General Board members presents its written appeal for holding a meeting. Extraordinary meetings of the General Board shall be held in a venue defined by the Directorial Board.
The Central Board meeting shall be called by the Central Directorial Board. If the Central Directorial Board fails to call the Central General Board for a meeting within one month from the date of submission of a written appeal, concluded by one-fifth of the Central Auditing Board or Central General Board, a local peace court, upon an appeal by Auditing Board or one of the members deeming it necessary to hold a meeting, shall appoint a delegation composed of three members of the Association, who will be responsible for calling a General Board Meeting.
ARTICLE 15: CALL FOR A MEETING
Directorial Board shall prepare a list of members having the right to participation at the General Board meetings. Members who shall participate in the said meeting, have to be informed not later than fifteen days prior to the meeting, by an announcement, indicating the date, hour, venue and agenda, and published in a local newspaper, by e-mail or in written form. The calling announcement shall also indicate the date, hour and venue of the second meeting in case the initial one will not be held due to lack of participation. Time period between the initial meeting and the second one shall not be less than seven days and more than sixty days.
Should the meeting fail to gather due to a reason other than absence of quorum, a call for a new one shall be made in the same manner the previous meeting was called, and the reasons for postponement of the previous meeting shall be specified. The second meeting shall be held latest within six months since the date of postponement of the first meeting. The members shall be invited to the second meeting by the procedure stated in the above provision.
The General Board meeting shall not be postponed for more than one time.
ARTICLE 16: QUORUM
The General Board meeting shall be considered opened with participation of half plus one of the members having the right for participation in the General Board meeting in compliance with the present Charter.
Should the quorum fail to gather at the first meeting, the quorum shall not be mandatory for the second one, but the number of members participating in the second meeting shall not be less than twice the total of the members of directorial and auditing organs.
ARTICLE 17: MEETING PROCEDURE
The list of the members who have the right to attend the general assembly shall be kept available at the place of the meeting. The identity cards, given by official authorities, of the members who shall enter the place of meeting shall be controlled by the officials assigned by the members of the board of directors or by the board of directors. The members enter the place of meeting by signing under their names on the list issued by the board of directors. The members who do not show their identity cards, sign the mentioned list and have the right to attend the general assembly shall not enter the place of meeting. These persons and the ones who are not members of the association can follow the meeting of the general assembly in a separate section.
If the quorum has been achieved, the circumstance shall be confirmed by a report and the meeting shall be opened by the chairman of the board of directors or one of the members of the board of directors that he shall assign. In case the quorum has not been achieved, a report shall be issued by the board of directors.
Following the opening, a chairman and a sufficient number of vice chairmen with a secretary shall be elected and the council committee shall be formed.
In voting for the election of the association bodies, it is obligatory for the voting members to show their identity cards to the council committee and to sign under their names on the attendants list. Providing the administration and safety of the meeting is the responsibility of the committee chairman. General Assembly shall be finalized by the discussion and the conclusion of the issues on the agenda. Every member has the right to one vote in the General Assembly; the member shall vote in person.
The issues discussed in the meeting and the resolutions shall be reported and signed by the committee chairman and the secretaries. At the end of the meeting, the report and other documents shall be submitted to the Chairman of the board of directors. The chairman of the board of directors is responsible for the protection of these documents and their submittal within seven days.
ARTICLE 18: DUTIES OF THE CENTRAL GENERAL ASSEMBLY OF THE ASSOCIATION
a-) Election of the bodies of the association.
b-) Alteration of the association charter.
c-) The discussion of the reports of the board of directors and supervisory board, balance sheets and income and expenditure accounts, their acceptance as they are or after alteration.
d-) The acceptance of the budget prepared by the board of directors as it is or after alteration.
e-) In order to achieve the goal of the association, the authorization of the board of directors for purchasing necessary immovable or selling existing immovable.
f-) The attendance of the association to the federation or its separation from the federation.
g-) Annihilation of the association.
h-) Agreement on the opening of branches of the association and authorization of the board of directors on this matter
i-) Fulfilling other duties notified by the general assembly in the legislation and rules.
SECTION THREE
ARTICLE 19: CENTRAL BOARD OF DIRECTORS ORGANIZATION
Board of directors consists of seven founding and seven associate members elected amongst association members by secret voting to serve for a period of three years.
If the number of members of the board of directors declines to a number less than half of the total member number due to discharges, general assembly shall be convoked by the rest of the board of directors or supervisory board. In case there is no call, upon the request of one of the members, the magistrate is assigned to designate three members to convoke the general assembly. In case the call is not made, each member of the association may request the local magistrate to provide the organization of a general assembly meeting.
Board of directors elects a chairman, a vice chairman, a secretary, and a treasurer for the board of directors. Designates the operation principle.
The chairman of the board of directors represents the association; in case he is absent, vice chairman of the board of directors shall be present on behalf of him.
Board of directors meets at least once a month and can hold extraordinary meeting if necessary. A board of directors’ member who fails to attend the meeting three times successively shall be deemed resigned. Board of directors shall convoke one of the associate members in place of the resigned member.
ARTICLE 20: CENTRAL BOARD OF DIRECTORS DUTIES AND AUTHORIZATIONS
a) Working for the achieving the objectives and issues specified in the rules, applying the decisions of the general assembly.
b) Managing and representing the association and authorizing its members or third parties in this matter. Board of directors can assign a general secretary, a general manager, a vice general manager, and a number of unit chiefs as many as the association requires, among the members of the association or outside for a fee. Other members of the board of directors shall be assigned according to the duties and matters to be designated.
c) Designation and determination of the operation principles and rules of the general manager assigned among the members of the association or for a fee.
d) Carrying out the processes regarding the income and expenditure accounts of the association in line with budget planning from the head office budget, making necessary transfers to the branches, preparing and submitting the budget of the next term to the general assembly.
e) Carrying out every kind of undertaking and costs processes together with real estate buying and selling, every kind of savings and promissory transactions, loan, hypothec and similar works in accordance with the legislation in force, provisions of the rules and decisions of the general assembly.
f) Utilizing all or some of the real estate under the possession of the association and every kind of chattel and rights that can be utilized with cash with the authorization given by the general assembly.
g) Establishing commissions and platforms for achieving objectives and running the association.
h) Coming to an agreement in disputes and cases for and against the association, acquaintance and withdrawal of the lawsuit.
i) Issuing regulations that regulate the activities of the association.
j) Assigning the personnel that shall conduct the administrative and financial affairs of the association, together with workers and consultants, and dismissing them when required.
k) Enabling the opening of branches of the association in places considered necessary and authorization of the founders of these branches in line with the authorization to be granted by the general assembly.
m) Calling the general assembly of the branches to extraordinary meeting when required.
n) Opening agencies or assigning agents in the places deemed necessary by the Board of directors.
o) Issuing authorization document in order to collect due and donations, submitting to whom it may concern.
p) Establishing platform in line with the aims of the association.
r) Fulfilling the duties assigned by the law rules and regulations and using the authorizations.
SECTION FOUR
ARTICLE 21: CENTRAL SUPERVISORY BOARD ORGANIZATION
Central Supervisory Board consists of 3 founding, 3 associate members elected amongst members of the association by secret voting for the inspection and control of the proceedings and accounts of the association on behalf of the general assembly for a period of three years. In its first meeting, the supervisory board elects a chairman, agrees on the operating procedure and program. The inspectors whose term of duty has expired can be re-elected.
ARTICLE 22: DUTIES OF THE CENTRAL SUPERVISORY BOARD
Supervisory board inspects whether the association performs its activities in accordance with the aim and the issues of work to be maintained to this aim set forth in the rules of the association; whether the records, accounts, and registers are kept in accordance with the charter and the rules of the association, depending on the rules and principles set forth in the rules of the association at intervals not exceeding a year and submits the results of the inspection to the board of directors and to the general assembly when it convenes.
Upon the request of members of the supervisory board, it is mandatory that all information, document and records are demonstrated or presented by the association authorities and the desire to access administrative buildings, facilities and extensions has to be satisfied.
The fact that there has been an inspection carried out by the general assembly, board of directors, or independent supervisory companies do not remove the obligation of the supervisory board.
ARTICLE 23: CENTRAL GENERAL ASSEMBLY RESULTS NOTIFICATION
Within thirty days following the ordinary or extraordinary meetings of the general assemblies, General Assembly Result Notification (Appendix – 3) including the founding and associate members elected to the board of directors and supervisory board and to other bodies and its Appendixes shall be submitted to the local authorities by the chairman of the board of directors. The following documents shall be added to this notification.
a) Meeting of the general assembly report sample signed by the committee chairman, vice chairmen and the secretary,
b) If there has been any alteration in the rules, former and new forms of the altered articles of the rules with the sample of the final form of the rules of the association, each page of it signed by the board of directors,
c) General assembly result notification and appendixes shall be submitted in two copies by the associations in the counties except the counties located within the boundaries of the Metropolitan Municipality.
General assembly result notifications can also be made by a member of the board of directors authorized by the board of directors. In case the notification fails to be made, the chairman of the board of directors shall be responsible.
SECTION FOUR
FINANCIAL PROVISIONS
ARTICLE 24: INCOMES OF THE ASSOCIATION
Incomes of the association are as follows:
a) Entrance and subscription fee,
b) Incomes earned from activities such as the publications of the association, lotteries to be organized, exhibitions, charity sales, performances, concerts, symposiums, conferences, sports competitions, calendar, organizer, identity card,
c) Incomes earned from the assets of the association,
d) Shares to be achieved from the establishments of the association,
e) Incomes earned from the proper use, rental, or transfer of every kind of properties and rights donated and bequeathed,
f) Donations and aids to be collected in accordance with the provisions of the legislation regarding aid collection,
g) Every kind of contribution in kind and cash,
h) Aids from natural and legal persons or other establishments abroad (provided that the local authorities shall be informed in advance)
i) Other incomes,
ARTICLE 25: SUBSCRIPTION FEES
Central Board of Directors is authorized to determine the amounts and forms of payment of subscription fees and annual dues. Due increase cannot be applied more than once within a year.
ARTICLE 26: INCOME AND EXPENSE PROCEDURE
The association uses at least 70% of its annual income in line with its aims. Association incomes are collected with a proof of receipt. In case incomes of the association are collected via banks, documents such as receipts or statements of account issued by the bank shall associate proof of receipt.
Association expenses are made by expenditure documents such as invoice, retail sales bill, self-employment voucher. However, the associations shall issue note of expenses for their payments within the scope of the article 94 of the Law of Income Tax, and Expense Voucher (Associations Regulation-APPENDIX – 13) for the payments not within the aforementioned article.
Free goods and service deliveries to be made by the associations to the person, organization, or establishments shall be submitted with the Aid in Kind Delivery Notice (Associations Regulation-APPENDIX – 14). The deliveries of goods and service to be made by the person, organization, or establishments shall be accepted with Aid in Kind Proof of Receipt (Associations Regulation-APPENDIX – 15).
In order to cover urgent expenses, an amount of money to be determined by the board of directors shall be kept in cash register. In order to withdraw cash from the account of the association, it is obligatory that the signature of two people amongst the ones authorized by the board of directors shall be present. For securities with monetary value, the same provisions shall be applicable. The accounting period of the association is between 1 January and 31 December. Association accounting shall be kept on the basis of balance.
SECTION FIVE
ARTICLE 27: BOOKS TO BE KEPT
a) Decision Book:
Decisions of the board of directors shall be recorded in this book with date and in numerical order and signed by the chairman and members.
b) Member Registration Book:
The identities, entrance dates, monthly or annual dues of members of the association shall be recorded.
c) Documents Record Book:
Incoming and outgoing documents shall be recorded with date and number.
d) Proof of Receipt Record Book:
Serial and order numbers of the proofs of receipt, names, surnames, signatures of people who have received and returned these documents, and dates of receiving and returning shall be recorded in this book.
e) Day Book, Ledger, and Inventory Book:
The procedure for keeping these books and the form of recording shall be done in accordance with the rules of General Communiqué on Accounting System Application published based on the Law of Tax Procedure and the authorization granted to the Ministry of Finance by this law. It is compulsory that these books which have been listed in this article and must be kept by the associations shall be approved by the notary or the associations unit.
SECTION SIX
OTHER PROVISIONS
ARTICLE 28: ALTERATION OF RULES
General assembly shall meet with the attendance of the absolute majority of the members who have the right to attend, and in the circumstances of alteration of rules and annihilation of the association, with the attendance of two third of the members; in the case the meeting is postponed due to not having achieved a majority, majority shall not be sought in the second meeting. However, the number of the members who attend this second meeting cannot be less than two times of the sum of the numbers of the board of directors and supervisory board of the association.
ARTICLE 29: ANNIHILATION OF THE ASSOCIATION AND ITS RESULTS
In order to agree upon the annihilation of the association in the general assembly, at least two thirds of the members must attend the meeting and the majority of two thirds of the members attended shall vote in favor of the annihilation. If the two third of the members are not present in the first meeting, the meeting shall be postponed and in the second meeting, with affirmative votes of the majority of the two thirds of the members attended, the annihilation can be agreed upon. The annihilation of the association shall be notified to the highest local authority in writing within 30 days. The transfer of the money, assets and rights of these associations shall be performed by the liquidation committee composed of the members of the last boards of directors. These proceedings shall be initiated as of the date the decision of the general assembly regarding the annihilation was taken or the termination state was finalized. Within the period of liquidation, in all proceedings, the expression of “KİMSE YOK MU Social Assistance and Solidarity Association in Liquidation” shall be used on behalf of the association.
Liquidation committee examines accounts of the association in the first place. In the course of examination, books that belong to the association, proofs of receipt, expenditure documents, deed and bank records, and other documents shall be determined and their obligations shall be reported. The creditors who are determined to be owed during the proceedings of liquidation shall be called and payment shall be made to the creditors by turning assets into cash, if there are any.
In case the association is the creditor, receivables shall be collected from the debtors. After receivables are collected and debts are paid, the remaining money and assets shall be delivered to the association or foundation that fits best to the objectives of the association in accordance with the decision of the general assembly.
Following the liquidation of money, assets and rights of these associations and the completion of the transition processes, it is obligatory that the situation shall be notified in writing to the local authority of the place where the head office of the association is located, by the liquidation committee within seven days, together with the attached liquidation report.
All proceedings regarding the liquidation shall be indicated in the liquidation report and the proceedings of liquidation shall be completed within three months except the additional time granted by local authorities depending on a justifiable reason.
Members of the last board of directors are assigned with the duty to keep the books and documents of these associations in the capacity of liquidation committee. This duty shall be assigned to a member of the board of directors. The period for keeping these books and documents is five years.
SECTION SEVEN
ARTICLE 30: BRANCHES AND AGENCIES OF THE ASSOCIATION
Where deemed necessary by the General Assembly, branches and agencies can be opened inland or abroad in accordance with the authorization to be granted to the Board of Directors.
ARTICLE 31: OPENING A BRANCH
After authorization is received from the General Assembly for opening a branch, two copies of establishment notification (Appendix-2) signed by at least three people authorized by the central board of directors, two copies of the charter approved by the relevant associations department, copies of identity cards of the founders, the list indicating name, surname, addresses and signatures of the members of the temporary board of directors and the authorized people to take correspondences and notifications, a copy of the decision of the general assembly indicating the authority granted to the board of directors for opening a branch, a copy of the decision of the association’s board of directors regarding the authorized people as the founders shall be submitted as annexes and applied to the local authority of the place where the branch will be opened. The first bodies shall be organized by the founders. The authorizations and responsibilities of the branches with their areas of activity and working conditions shall be organized in the “Regulations, circulars and rules” to be arranged by the “Central Board of Directors”.
ARTICLE 32: BRANCH BODIES
Branch General Assembly.
Branch Board of Directors.
Branch Supervisory Board.
ARTICLE 33: DUTIES AND AUTHORIZATIONS OF THE BRANCH ORGANS
a-) Branch General Assembly :
Branch General Assembly consists of founding members registered to the branch with the right to attend the general assembly. Branch general assembly acts in accordance with the rules and principles set forth in the Kimse Yok Mu Assistance and Solidarity Association. Carries out work and activities performed by the head office in order to achieve the objectives in the charter.
It is compulsory that branch general assembly shall be held at least two months prior to the central general assembly. Branch general assembly has the following authorizations in line with the objectives and fields of activities of the association and within the boundaries of the branch;
a-1 Discussing the previous term’s board of directors working report, inspection reports of the inspectors together with balance sheets and income and expenditure account statements, approving if required and acquitting to the board of directors.
a-2 Discussing and approving board of directors working schedule for the next term, budget regulations and income and expenditure account statements.
a-3 Electing founding and associate members of the branch board of directors and supervisory board.
a-4 Fulfilling other duties to be undertaken by the board of directors set forth in the legislation and rules.
b-) Branch Board of Directors:
It is composed of 5 founding and 5 associate members elected by the general assembly. It elects the Chairman of the Board of Directors, Vice Chairman of the Board of Directors, and an accountant among the members of the Board of Directors. Can assign a Branch Manager amongst the members of the association or outside for a fee. Branch Board of Directors is the executive body of the branch. Elections shall be held triennially for determining founding members of the board of directors. It shall act in accordance with the principles set forth in the Kimse Yok Mu Assistance and Solidarity Association rules in terms of operating principles and rules as well as task distribution, meeting form, quorum, replacing a discharged member, representation and authorization of the branch.
Representation, management, appointment and binding authorities of the board of directors are exclusive to the branch and transactions that shall bind the association may not be performed.
Establishing an organization, real estate purchase and sale, donation, hypothec and similar proceedings shall take place in accordance with the decisions to be taken in the central general assembly on construction, undertakings concerning the coming years, case tracking, renunciation, acceptance, compromise, and acquaintance. Branches shall consider the recommendations of the central board of directors which are not against to the legislation, rules and regulations of the association.
Budget proposals shall be submitted to the central board of directors two months before the central general assembly meeting is held and shall be presented to the general assembly in the form approved or altered by the central board of directors. The books, vouchers received, invoices and other documents shall be kept ready for inspection and control according to the law of associations, rules of association and regulations.
The assets, books and other documents of the branches of which activities have been terminated, shall be transferred and submitted to the head office of the association with liability. Every kind of information request of the head office shall be met by the branches immediately. The association shall enable the application of the works regarding the decisions taken by the head office within the branch. General assembly reports shall be submitted to the relevant authorities within thirty days and a copy of each shall be sent to the head office of the association.
c-) Branch Supervisory Board
It is composed of three founding members and three associate members elected by General Assembly. Members of supervisory board elect their chairman and he acts principally in accordance with the rules in Kimse Yok Mu Solidarity and Assistance Association.
ARTICLE 34: REPRESENTATION OF BRANCHES IN CENTRAL GENERAL ASSEMBLY
All members registered in the branch participate in central general assembly meetings.
SECTION EIGHT:
ARTICLE 35: INTERNAL AUDIT OF THE ASSOCIATION
Internal audit is essential in associations. Internal audit may be realized by general assembly, board of directors or supervisory board or it may be done by independent auditing firm.
The fact that general assembly, board of directors or independent auditing firm makes audit does not remove the responsibility of supervisory board.
The supervisory board audits whether the association operates in line with the purpose specified in the charter as well as activity fields for achieving this purpose and whether books, accounts and records are kept in accordance with the legislation and charter in accordance with principles and procedures defined in the charter at least annually and presents audit results as a report to the board of directors and general assembly when it convenes.
Upon the request of members of the board of directors, it is mandatory that all information, document and records are demonstrated or presented by the association authorities and the desire to access administrative buildings, facilities and extensions has to be satisfied.
SECTION NINE
ARTICLE 36: BORROWING PROCEDURE AND EXPENSES
The association, if necessary, may borrow loan upon a decision by the board of directors in order to realize its objective and carry out its operations. This borrowing may be goods and service purchase by credit or real estate purchase or cash borrowing. However, such borrowing may not exceed revenue resources of the association and may not cause financial difficulty on the association’s behalf.
SECTION TEN
ARTICLE 37: ABSENCE OF PROVISION
The provisions of Law of Associations, Civil Code and other regulations related to associations apply for matters that are not covered in this charter.
SECTION ELEVEN
ARTICLE 38: RESPONSIBILITY AREAS OF THE BRANCH AND ITS RELATIONSHIP WITH CENTRAL OFFICE OF THE ASSOCIATION
The Central Board of Directors determines geographical scope of work for the branch. The branch is subject to audit of central board of directors in terms of establishment, work, application, decision-making, execution and financial issues.
The Central Board of Directors may review decisions of general assembly and board of directors of branch that are against the main charter and branch regulation and may suggest that appropriate decisions be taken. In case these branch assemblies resist in their former decisions, the final decision is taken by the central general assembly.
The Central Office may terminate the board of directors of branch by a decision of General Assembly. The Branch Board of Directors together with their founding and associate members may discharge and replace founding and associate members of Supervisory Board. Those that are elected complete term of office of those deposed.
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Mehmet Zeki ÖZKARA |
Nedim IRMAK |
Vedat KÖPRÜCÜ |
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Figen ES |
İbrahim ALBAYRAK |
Mustafa DEMİRCİ |
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Ömer ALTAŞ |
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