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ESTABLISHMENT · MANAGEMENT · PROTECTION OF RIGHTS

Foundation Establishment, Management and Assets

Foundation deed, court registration, management bodies, deed amendments and assets. Legal follow-up of VBYS, declaration and inspection processes.

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Foundation establishment, foundation deed and court registration

  • Preparing a foundation deed that contains the foundation’s purpose, activities, name, headquarters, establishment assets, bodies and representation structure
  • Legal processes concerning the declaration of the intent to establish a foundation by an official deed or a disposition upon death
  • Checking whether the establishment assets are sufficient for the purpose and the minimum amount set by the Foundations Council (Vakıflar Meclisi) for the relevant year
  • Registration of the foundation before the competent civil court of first instance, its entry in the registry and the conduct of related procedures
  • Remedying deficiencies in the registration request, the opinion of the General Directorate of Foundations and the appeal processes concerning a registration or rejection decision

Foundation bodies, management and amendments to the foundation deed

  • Applying the provisions on the duties, election, meetings, decisions and representation of the management body, the board of trustees and other bodies
  • Determining the legal route in cases of a change of manager, resignation, death, removal and a vacancy in a body
  • The competent body and court processes concerning the amendment of the purpose, activity, management, headquarters, bodies or other provisions of the foundation deed
  • Legal assessment in cases where achieving the foundation’s purpose becomes impossible or where it must be adapted to changed conditions
  • Foundation managers’ responsibilities of care, loyalty, protection of the assets and accountability

Foundation assets, real estate and economic enterprises

  • Transferring to the foundation’s name the cash, real estate, shares, intellectual property rights and other asset values dedicated to the foundation
  • Transactions concerning the purchase, sale, lease, allocation and development of foundation real estate and the creation of limited rights in rem over it
  • Disputes over real estate of foundation origin, foundation annotations, taviz, ownership, lease, ecrimisil (compensation for unjust occupation) and registration
  • Establishing an economic enterprise or company affiliate in the foundation’s name and regulating the financial and legal relationship between the legal entities
  • Assessing the donor’s conditions, the purpose of dedication, the returns on assets, the investment policy and the rules on conflicts of interest

VBYS, declaration, internal audit and administrative oversight in foundations

  • Legal follow-up of the notification and record-keeping processes carried out through the Foundations Information Management System (VBYS)
  • Checking the annual declaration, the activity report, financial statements and notifications of branches and representative offices
  • Establishing the foundation’s internal audit system, the legal scope of the reports and the remedying of findings
  • Preparing documents and a defense in reviews and inspections by the General Directorate of Foundations or a Regional Directorate
  • Managing deficiencies, violations, managers’ liability, administrative sanctions and court applications

Purpose and Assets Are Assessed Together in Establishing a Foundation

A foundation is established with property and rights dedicated to a specific and continuing purpose; unlike an association, it does not arise merely from persons coming together. The establishment deed, the assets, the bodies and a sustainable revenue model must be prepared together.

Minimum establishment assets for 2026

According to the announcement of the General Directorate of Foundations, the minimum assets to be dedicated for new foundations in 2026 have been set at 5,000,000 TL. This amount is not an application fee; it relates to the assets to be allocated to the establishment purpose. Sufficiency for the purpose is assessed separately, and the current amount is checked in later years.

A change of management is different from an amendment of the deed

A change of manager does not in every case mean an amendment of the foundation deed. The provision to be amended, the competent body, the court procedure and the need for notification are determined separately. Special provisions specific to types of foundations are preserved; the new foundation regime is not applied as is to all foundations.

Assets are not an area of personal disposition

The donation conditions, the foundation’s purpose, managers’ interests and the authority to transact are examined together. In related-party transactions and real estate dispositions, the justification, the decision and documentation are important. Tax exemption does not arise automatically upon establishment.

This content is general information. Information and documents you share are kept confidential and used for legal assessment and within the agreed scope of service. An inquiry alone does not create an attorney–client relationship and does not stop time limits. The legal conditions of the specific matter are reviewed separately.