Administrative inspections, sanctions and managers’ liability
- Legal support in inspections by the civil society relations units, the General Directorate of Foundations, the Ministry of Trade or other competent administrations
- Managing requests for information and documents, inspection records, reports, deficiencies and defense processes
- Administrative applications and actions against administrative fines, suspension of activity, revocation of a permit, and registry or record procedures
- Assessing the legal, financial and criminal liability of managers, auditors, liquidators or representatives
- Defense or victim representation in allegations of breach of trust, acts whose character as embezzlement is disputed, forgery, irregular documents, use of funds outside their purpose and other offenses
Legal disputes, litigation and interim protection
- Actions concerning the validity of general assembly, board, membership or cooperative membership decisions
- Disputes over dues, additional payments, the withdrawal share, donations, contracts, receivables, compensation, ownership and accountability
- Court applications concerning a vacancy in a body, a representation problem, and the need for a trustee (kayyım) or interim management
- Requests for a precautionary injunction, preservation of evidence, protection of books and records, and interim regulation of signature and representation authority
- Mediation, judicial and administrative courts, appeal on facts and law, and processes for the enforcement of a decision
Dissolution, termination, winding up and liquidation
- Processes for the dissolution of an association by a general assembly decision, its automatic termination or its dissolution by a court decision
- Impossibility of a foundation’s purpose, conditions of termination and court procedures
- Grounds for a cooperative’s dissolution, the general assembly decision, registry procedures and the liquidation process
- Appointment of liquidators, determination of receivables and debts, and management of pending lawsuits and contracts
- Allocation or distribution of the remaining assets in accordance with the bylaws, foundation deed, articles of association and mandatory provisions
The Decision, the Notification and the Claim Are Assessed Together
Annulment of a decision, invalidity, a membership or cooperative membership claim, a receivable, managers’ liability and applications against administrative sanctions are not subject to the same procedure. The competent authority, the time limit, the right to bring an action and, where required, the mediation requirement are examined separately. It should not be assumed that all administrative fines will be the subject of an action before the administrative court.
A responsible person and a backup for following UETS
The National Electronic Notification System (UETS) is the official electronic notification system. An electronic notification is deemed made at the end of the fifth day following the date it reaches the account. Not reading it does not remove the need for follow-up. DERBİS, VBYS and KOOPBİS records do not replace checking UETS; the time limit for an action or application is calculated separately according to the relevant procedural provision.
Protecting records and assets
If there is a risk that books will not be handed over, that the authority of representation will be disputed or that transactions will be made on the assets, applications for preservation of evidence, injunctions and the remedying of a vacancy in a body are assessed. The conditions of each request differ; it does not constitute a guarantee that an application will be accepted.
The interests of the organization and the manager may diverge
Representation on behalf of the organization and a defense concerning the manager’s personal liability are assessed separately. If there is a conflict of interest, the scope of representation and the need for independent legal support are determined at the outset.
Assets remaining after liquidation
First, receivables, debts, contracts and pending lawsuits are determined. The transfer or distribution of the remaining assets is carried out according to the type of organization, the establishment document and mandatory rules; it is not assumed that association and foundation assets can be freely shared among members.