Associations, Foundations and Cooperatives Law and Actions
Established in accordance with the Turkish Civil Code No. 4721 and having a deep-rooted history, diversity and numerical multiplicity in our country, Associations are “constantly combining the knowledge and work of at least seven real or legal persons in order to achieve a specific and common purpose other than sharing profits. can be defined as “groups of persons with legal personality.
Again, foundations, which have a long ingrained history than associations in our country, are property groups with legal personality formed by real or legal persons assuming sufficient goods and rights for a specific and permanent purpose. It is the branch of law that studies and examines its controls, activities and terminations.
Cooperatives, whose development is supported by Article 171 of the Turkish Constitution; A variable partnership established by real and legal persons in order to provide and protect certain economic interests and especially their professional or livelihood needs by means of mutual assistance, solidarity and surety with the labor and monetary contributions of at least seven partners, who are legal entities, by coming together with the articles of association. can be defined as variable capital partnerships. Cooperatives Law, on the other hand, is the branch of law that examines the rules of cooperatives that help meet the needs of the members by forming a union, and regulates other issues between the cooperative and its members and other issues.
In Turkish Law, since associations established to realize a certain common purpose other than profit sharing and foundations formed by allocating sufficient property and rights of individuals to a specific and permanent purpose are given legal personality, Cooperatives are also given the right to provide economic gain to their members and this purpose is supported by the Constitution and Cooperatives Law; Associations, foundations and cooperatives were subjected to strict rules and controls in order to prevent abuses, since these structures are open to all kinds of abuse due to acts contrary to the purpose and philosophy of the establishment by hiding behind this purpose; In the absence of any procedure or in the face of abuse, very serious fines and prison sentences have been imposed by the legislator for the managers of associations, foundations or cooperatives. The establishment of these legal entities, their functioning, the length of the legal procedure and process in their establishment, the multiplicity and complex structures of the laws they are obliged to comply with, and the fact that they are subject to strict control, and also, according to the Attorneyship Law, building cooperatives with one hundred or more members must have a contracted lawyer. We strongly recommend that Associations, Foundations and Cooperatives work with a law firm specialized in the law of associations, foundations and cooperatives or a lawyer specialized in Associations, Foundations and Cooperatives, and get support.
Güneş & Güneş Law Office, with its more than 23 years of experience, provides services in all processes of many associations, foundations and cooperatives, from establishment to liquidation and dissolution, with lawyers specialized in association, foundation and cooperative processes and cases. It is pleased to provide services to Associations, Foundations and Cooperatives established by its domestic and foreign clients in Antalya and Turkey with its lawyers specialized in foundation and cooperative processes and cases.
Why Gunes & Gunes Law Firm?
With more than 25 years of experience in Associations, Foundations and Cooperatives Law and Disputes Competent and Expert Attorney and Law Office Provided to Domestic and Foreign Clients in Antalya and Turkey in the Field of Law of Associations, Foundations and Cooperatives are as follows:
- Obtaining the DERBIS Password for the Works and Transactions carried out by the Central and Provincial Organization Units of DERBIS and the General Directorate of Civil Society Relations, and all kinds of notifications and declarations that the associations are obliged to submit in accordance with the legislation, in order to make their declarations electronically, to notify the results of the new or terminated memberships and the General Assembly to DERBIS Association Attorney Service for Carrying Out All Kinds of DERBIS Transactions, Including the Notification of Annual Declarations,
- Preparation of the Association’s Bylaws in accordance with and in accordance with the Associations Law and Legislation, Preparation of the Charter of the Foundation, Revising (Arranging) the Prepared Bylaws according to the Needs of the Association, Issuing the Signature Circular on behalf of the Association, Official Procedure and Transaction Required for the Officially Commencement of the Association’s Activities and Legal Consultancy and Advocacy Services on All Kinds of Associations Law Regarding Preparation of Documents, Application to Associations Desk, Obtaining Necessary Permits from Local Administrative Authorities, Establishment, Operation and Dissolution and Association Liquidation Processes,
- On behalf of the Associations Established and Started Operations Establishment of Enterprises, Auditing of Associations, Preparation of Audit and Legal Evaluation Report and Providing Legal Consultancy Services Regarding Compliance with the Legislation (Examination of Association Records and Determination of Missing Matters), Preparation of Necessary Documentation Regarding Holding General Assembly Meetings, Preparation of Board of Directors Decisions, and Association General Assembly and Decisions Legal Counseling and Advocacy Services on All Kinds of Associations Law Regarding the Litigation Process for Adoption, Cancellation and Annulment of the Decisions Taken,
- Follow-up of Criminal Cases against Association and Foundation Managers, Compensation Cases Opened against Association, Foundation and Cooperative Managers, Representation in Lawsuits Opened by Associations and Foundations in Line with their Purposes, Representation in Administrative and Legal Cases Regarding the Establishment, Operation and Dissolution of Associations, Foundations and Cooperatives, Follow-up of Commercial Cases of Associations, Foundations and Cooperatives, Establishment Procedures of Associations, Foundations and Cooperatives,
- Auditing the Operations and Books of Associations, Foundations and Cooperatives, Legal Auditing of Organs and Decisions of Associations, Foundations and Cooperatives, Auditing and Arranging All Kinds of Contracts, In terms of Facilities and Businesses Commercial Law Consultancy, Arrangement of Bylaws of Associations and Foundations, All Kinds of Litigation Regarding Associations, Foundations and Cooperatives, Legal Consultancy and Advocacy Services Regarding All Kinds of Associations, Cooperatives and Foundations Law,
- The Association, Follow-up of the Cases Regarding the Functioning and Dissolution of the Foundations, Liquidation of Assets in the Dissolution of the Associations, Consultancy on All Kinds of Business and Transactions of Associations and Foundations, Establishment Procedures and Lawsuits of Associations and Foundations, Drafts and Lawsuits of Association and Foundation Statutes, Association and Foundation Trustees Holding Delegation Meetings, General Assemblies, Association Branches, Establishment of Representatives, Foundation and Association Economic Enterprises Establishment and Transactions, Foundation and Association Real Estate Purchases and Sales Transactions, All Kinds of Associations Regarding the Execution of Lawsuits on behalf of Foundations and Associations, Cooperatives and Foundations Law. Advocacy Services,
- Objections to Cooperatives Operating in Various Fields such as Building and Land Cooperatives, Consumption Cooperatives, Business Cooperatives, Workplace Cooperatives, Production Cooperatives and Cooperatives’ Establishment, Permits, Registration and Announcement, Expulsion from Cooperative Partnership, Objections to Expulsion from the Partnership
- Legal Consultancy and Cooperative Advocacy Services on All Kinds of Cooperatives Law Regarding Issues such as Responsibilities of Partners and Cooperatives, General Assembly and Board of Directors Decisions and Cancellation Cases, Legal and Penal Responsibilities of Cooperative Board Members, Dissolution and Liquidation of Cooperatives,
- Execution and Legal Supervision of Associations and Foundations’ Relationships with the Associations Desk and Other Public Authorities, Federation and Confederation Establishment, Operation and Supervision, Supervision and Arrangement of All Kinds of Contracts Regarding Associations and Foundations Law, Follow-up of the Process of Provision of Public Benefit Status, Joint Inter-institutional Providing Legal Consultancy in the Project Execution Process, Management of the Transfer Process of Foreign Aids, Lawsuits Filed by Associations and Foundations in Line with their Purpose, Administrative and Legal Cases Regarding the Recovery of the Real Estates of the Foundations Transferred to the State and Registration on behalf of the Foundation, the Establishment, Operation and Dissolution of Associations and Foundations Legal Consultancy and Advocacy Services on All Kinds of Associations, Foundations and Cooperatives Law Regarding Issues such as,
- Providing Consultancy Services to Foundations and their Managers with the Law of Foundations Lawyer, Filing, Following and Successfully Concluding Lawsuits on behalf of the Foundation, Realizing the Foundation Establishment Transactions and Helping Foreign Persons to Perform the Foundation Establishment, Assisting in the Preparation of Foundation Bill or Will. To the Board of Trustees And Providing Consultancy Services to Other Bodies, Carrying out the Procedures Regarding the Dissolution of the Foundations and Following the Lawsuits Opened, Following the Lawsuits Opened for the Purposes of the Foundations Ensuring the Successful Concluding of the Required Lawsuits, Receiving the Foundation Real Estate Transferred to the Name of the State and their Registration on behalf of the Foundation. Follow-up and Concluding the Litigation Process, Successfully Concluding the Case by Filing the Case for Marriage Claims, Successfully Concluding the Case by Filed with the Case for the Surplus Claims of the Foundation Sons, Carrying out the Purchase-Sale Transactions of the Foundation Real Estate, Management of the Property, Liquidation, Detention Etc. Legal Consultancy and Foundation Advocacy Services on All Kinds of Foundations Law Related to Acting as Attorney in Lawsuits, Following the Lawsuits and Successfully Concluding the Lawsuits, Establishing Economic Enterprises within the Foundation and Making the Necessary Actions, Auditing and Arranging All Kinds of Contracts,
- Foundation Charter Preparation and Legal Information Service, Foundation Charter Review and Legal Information Service, Examining the Legality of All Kinds of Decisions of Foundation Organs and Directorates and Filing Required Lawsuits Against These Decisions and Concluding the Litigation Process, Preparation of Petitions for Obtaining Necessary Permits on the Basis of Foundation Activity And Legal Consultancy and Foundation Advocacy Services on All Kinds of Foundations Law, such as making applications to the relevant units, preparation of real estate purchase and sale transactions for the foundation in accordance with the relevant legislation, and provision of legal consultancy services in this direction, preparation of all kinds of contracts related to the law of foundations,
- Establishment of Cooperatives, Registration Procedures, Constructing the General Assembly in Compliance with the Legislation, Providing Legal Counseling to the Board of Directors, Joining the Partnership, Leaving the Partnership and Exiting the Partnership, Entering the Cooperative Partnership, Determination of the Cooperative Partnership, Collection of the Cooperative Partnership Payments, Representation of the Parties in Litigation between the Cooperative Partner and the Cooperative , Representation of the Parties in Cases Between Land Owners – Construction Firms – Cooperatives in Residential Building Cooperatives, In Case of Cancellation of Objection Based on Cooperative Fee Debt in Receivables and Enforcement Lawsuits, in Case of Negative Determination Due to Cooperative Fee Debt, in Case with Request for Calling an Extraordinary Meeting of the Cooperative General Assembly , In the Case Demanding the Renewal of the Cooperative General Assembly, In the Case of Calling the Cooperative General Assembly to the Meeting, Cancellation of the Decision of Expulsion from the Cooperative Membership, Determination of the Cooperative Membership, Membership of the Cooperative Management and Supervisory Board Legal Aid and Counseling and Cooperative Advocacy Service in Compensation Cases arising from the Responsibility of Employees, Liquidation of the Cooperative and Other Related Issues in Line with the Needs of Our Clients,
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