SECTION I – Establishment Provisions

 

ARTICLE 1- Establishment

 

An association operates under the name of REAL ESTATES SERVICE EXPORTERS ASSOCIATION in order to be managed in accordance with the laws and the provisions of this regulation and to carry out activities in line with its purpose and service issues. The short name of the association has been determined as "GİGDER". REAL ESTATES SERVICE EXPORTERS ASSOCIATION is referred to as the "Association" in the following articles.

 

ARTICLE 2- Headquarters and Workplace of the Association

 

The headquarters of the association is at Ferko Signature - 175/7 Büyükdere Cd. 34394 Levent, İSTANBUL / TÜRKİYE. It is within the borders of Istanbul Metropolitan Municipality. It has no branches. The change of place of residence in DERBİS was notified on 09.03.2022, based on the Board of Directors decision no. 32 dated 07.01.2023.

 

ARTICLE 3- Purpose and Service Subjects

 

The aim of the association, as a specialized organization of stakeholders selling real estate to foreigners, is to work to make real estate sales to foreigners one of the most important foreign exchange-generating activities by producing sustainable policies and institutionalizing the sector and to promote our country and real estate investments in the international real estate market. Its service subjects are as follows;

 

3.1 To establish our country's sustainable policies regarding the sale and promotion of real estate to foreign individuals and organizations.

 

3.2 To promote our country's real estate projects and investments on international real estate platforms and to represent our country at fairs.

 

3.3 To create a positive perception about real estate sales to foreigners at home and abroad and to provide information on this subject in the Real Estate and Construction Sector.

 

3.4 To discuss the problems of small, medium, and large-scale investors who live abroad and buy real estate in our country with sector stakeholders and to create solutions.

 

3.5 To establish qualification principles and ensure in-sector auditing by providing training to stakeholders.

 

3.6 To ensure cooperation and information flow among members and to make all kinds of publications for this purpose.

 

3.7 To establish partnerships, economic enterprises, foundations, and mutual aid funds for projects related to purpose and service.

 

3.8 To cooperate and send representatives to domestic and/or foreign private and public organizations, chambers of commerce and industry, the union of commodity exchanges, professional organizations, foundations, associations, unions, etc., by obtaining the necessary permissions in accordance with the legislation.

 

ARTICLE 4- Working Method and Field of Activity

 

The Association, which will operate in the field of Real Estate Sector, in order to achieve its aims and service subjects,

 

4.1 It observes developments regarding real estate marketing and promotion abroad and shares them with its members.

 

4.2 It develops suggestions and opinions that will contribute to the development of the marketing and sales sector of real estate in our country abroad by conducting research, development, examination, studies, and projects through experts and/or committees to be established within the association, and identifies the wishes and requests on this subject and takes initiatives in the care of the relevant organizations.

 

4.3 It takes the necessary initiatives to participate in local and foreign exhibitions, fairs, and congresses. It establishes a library and information bank on the real estate marketing sector and investment abroad and enables its members to benefit from them.

 

4.4 It acquires and rents immovable properties necessary for its purpose and service, sells non-needed immovable properties, establishes and terminates all kinds of real rights on immovable properties and has it done, and establishes and operates businesses suitable for its purpose, carries out all kinds of construction and/or has it done.

 

4.5 In order to achieve its aim stated in its regulations regarding marketing and promotion of foreign real estate and training expert personnel, it organizes education and training programs, provided that it obtains permission from the relevant authorities, participates in the organization of such programs, gives degrees related to the sector, and cooperates with organizations working in this direction.

 

4.6 It organizes scientific and other types of meetings, festivals and shows, competitions, and similar organizations related to its purpose and service subjects, such as panels, and seminars, participates in shows, and carries out all kinds of activities to increase the manners, knowledge, and experience of its members. It organizes trips, opens clubhouses, and makes national and international publications.

 

4.7 In order to achieve its purpose and make its activities more efficient, it establishes commissions, prepares a report about the activities of the commissions, presents it to the relevant organizations, and informs the public.

 

4.8 It receives aid and donations in accordance with the Law on Aid Collection and the provisions of this regulation.

 

4.9 It makes efforts to recruit new members and gain Honorary Members.

 

4.10 It carries out professional and statistical information compilation, archiving, printing, and dissemination.

 

4.11 In order to achieve its purpose, it establishes sports fields, social facilities, clubhouses, and similar facilities for activities that are not prohibited by law.

 

4.12 It may cooperate and collaborate with associations and organizations with similar purposes.

 

4.13 In cases where international associations and organizations are beneficial and in accordance with the relevant legislation, it can become a member of associations or organizations that carry out international activities in its field.

 

4.14 It carries out all other work related to the purpose and service subjects.

 

4.15 The association may open representative offices in places it deems necessary to carry out its activities. Representative offices are not represented in branch or association general assemblies. Branches cannot open representative offices. The address of the representative office is notified in writing to the local administrative authority by the person or persons appointed as representatives by the decision of the Board of Directors.

 

4.16 The association may create a platform among itself or with foundations, unions, and similar non-governmental organizations in areas that are related to its objectives and not prohibited by law, in order to achieve a common purpose and by the decision of its authorized bodies. The platform cannot be established and operate in line with the purposes and activities that are prohibited by law for associations.

 

4.17 The association may borrow money in order to achieve its purpose, provided that the general assembly approves it.

 

4.18 In order to achieve its purpose, the association may engage in international activities or cooperation, open a representative office or branch abroad, establish an association or parent organization abroad, or join established associations or parent organizations.

 

4.19 The Association may be the founder of a Federation or join already established federations in order to achieve its purpose.

 

ARTICLE 5- Association Emblem

The emblem of the association is accepted by the decision of the Board of Directors and the necessary legal action is taken in the care of the Governorship. The association emblem cannot be distributed other than to its members, sold, or used for purposes, without the permission of the Board of Directors.

 

II. SECTION – Membership Provisions

 

ARTICLE 6- Association Membership Conditions and Membership Types

 

General Conditions of Membership:

 

Organizations that have the capacity to act, that accept the objectives and principles of the association and agree to work in this direction, and that meet the conditions stipulated by the legislation, that market, trade, sell, and promote our country's real estate abroad, and organizations and legal entities such as real estate management, appraisal organizations, law offices that provide consultancy and services regarding the citizenship applications of people who are citizens of other countries when purchasing real estate, and the managers and partners of these organizations and legal entities and real persons working in these fields may become members of the association.

 

Membership Types

 

I. Full Membership: Full members of the association have the right to elect and be elected.

 

a. Corporate Full Membership (Legal Entity)

They are members with legal personality, who have undertaken all the obligations and responsibilities required by membership of the association, and who have the right to vote and be elected, represented by the chairmen of the board of directors or real persons they have appointed to represent them.

 

b. Individual Full Membership (Real Person)

They are real person members who have undertaken all the obligations and responsibilities required by association membership and have the right to vote and be elected.

 

An authorized person applies for membership on behalf of a real person or a legal entity. If the legal entity is a member, the chairman of the board of directors or the person assigned to represent it votes. When this person's presidency or representation duty ends, the person who will vote on behalf of the legal entity is re-determined and notified to the association.

 

II. Honorary Membership:

 

They are the members elected by the recommendation of the board of directors and the decision of the general assembly, among the people working in universities or colleges related to the sector, in academic circles, and those who have contributed to the Association and/or its goals and services. Honorary members do not have the right to be elected or elect to the bodies, but they can contribute if they wish.

 

ARTICLE 7- Association Membership and Membership Procedures

In order to become a member of the association, the following conditions must be met:

 

  • To fill out the Membership Application form for full membership,
  • To adopt the objectives and principles of the association,
  • In Corporate Membership applications, submit the decision of the board of directors or the signature circular of the institution official for the representatives of the institution.
  • To have the capacity to act,
  • To meet the conditions specified in the membership types,
  • For foreign real persons, having the right to live in Turkey,
  • For foreign companies/institutions with legal personality, having a certificate of residence in Turkey.
  • To be accepted for membership by the Association's Board of Directors,

 

ARTICLE 8- Membership Procedures

 

Association membership procedures are listed below:

 

8.1 Association membership is only possible by invitation of the board of directors.

 

8.2 While evaluating the sector in which the invited members' companies or individuals operate, it is ensured that they operate in the field of intermediaries, agencies, and project marketing.

 

8.3 The written proposal of 2 members of the association constitutes a request for the invitation of the Board of Directors. The Board of Directors immediately discusses this request at the next Board of Directors meeting and decides by majority vote for the candidate requested to be invited by the Board of Directors. After the Board of Directors decides to invite the member, a written application is requested within 30 days, and at the following Board of Directors meeting, the candidate is accepted as a member of the association and the candidate is notified in writing.

 

8.4 Registration procedures are carried out once the candidate is accepted for membership in the association. The required portion of the Annual Fee is collected from those who apply for full membership. Unless these fees are paid, full membership of the Association cannot be gained.

 

8.5 The decision of the Board of Directors of the Association regarding the rejection of the candidate's request is binding and cannot be appealed to any authority in any way.

 

ARTICLE 9 - Withdrawal from Membership

 

Membership ends with the wish to withdraw from membership in writing. Each member is deemed to have resigned from membership of the Association at any time by notifying the Association's Board of Directors of his or her desire to withdraw in writing. Resigning from membership does not end the member's accumulated debts to the Association. Those who cease membership cannot claim rights on the assets of the Association.

 

ARTICLE 10 - Removal from Membership

 

Reasons for removal from association membership are listed below:

 

10.1 Not attending workshops and meetings three times in a row without excuse, not performing assigned duties, avoiding taking on duties, and thus showing indifference to the existence of the Association and its purpose and service issues,

 

10.2 Acting contrary to the provisions of the Association's Constitution and the decisions of the General Assembly and the Board of Directors,

 

10.3 For full members, not being admitted to two consecutive ordinary General Assembly meetings because they did not pay all their fees.

 

10.4 Acting contrary to personal or professional honor and dignity or professional practices.

 

ARTICLE 11 - Method of Removal from Membership and Objection to Removal

 

The Board of Directors of the Association decides to expel the member from membership by majority vote, after conducting the necessary research and examination about the member through a temporary Disciplinary Committee it will establish and have the member's defense heard. In the calculation of the ratio, if a fractional number occurs, the larger whole number is taken as a basis. The result is notified to the member in writing, the member is deleted from the registry and the removed member cannot claim rights on the Association's assets.

 

The removed member may object to the decision notified to him/her to the General Assembly through the Association's Board of Directors within 15 days from the notification date. The objection is discussed and decided at the first General Assembly meeting. The member's rights and obligations continue until the objection is decided. If the member does not object in time or the objection is rejected in the General Assembly, the Association Board of Directors deletes the member's registration.

 

ARTICLE 12- Selection and Election Procedures

 

Only Full Members of the Association have the right to elect and be elected.

 

ARTICLE 13 - Members' Benefit from Activities

 

Everyone who is a member of the Association benefits from the Association's clubhouses, social facilities, aid, and other activities.

 

III. SECTION – Management Provisions

 

ARTICLE 14- Association Bodies

 

The mandatory bodies of the association are shown below:

 

14.1 General Assembly

14.2 Board of Directors

14.3 Supervisory Board

 

In addition, the Board of Directors may establish various boards and commissions to work on issues it deems necessary regarding its fields of activity.

 

ARTICLE 15- Form of Establishment of the General Assembly, Meeting Time, and Meeting Procedure by Call

 

The general assembly is the most authorized decision-making body of the association. It consists of members registered with the association. General Assembly;

 

15.1 Ordinary at the time specified in these regulations,

 

15.2 An extraordinary meeting is called by the Board of Directors when deemed necessary by the Board of Directors or Supervisory Board or upon the written application of one-fifth of the members of the association. If the board of directors does not call the general assembly for a meeting, upon the application of one of the members, the judicial officer assigns three members to call the general assembly to a meeting.

 

The ordinary general assembly meets every two years, in May, on the day, place and time to be determined by the board of directors.

 

Call Procedure

 

The board of directors prepares the list of members who have the right to attend the general assembly according to the association's regulations. Members who have the right to attend the general assembly must be notified at least fifteen days in advance, by announcing the day, time, place, and agenda of the meeting in at least one newspaper or on the association's website, by notifying them in writing, by sending a message to the e-mail address or contact number provided by the member, or by using broadcasting tools. In this call, if the meeting cannot be held due to lack of majority, the day, time, and place of the second meeting will also be stated. The period 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 lack of majority, this situation is announced to the members in accordance with the call procedure as applied for the first meeting, stating the reasons for the postponement. The second meeting must be held within six months at the latest from the postponement date. Members are invited to the second meeting according to the principles specified in the first paragraph. The general assembly meeting cannot be postponed more than once.

 

Meeting Procedure

 

The general assembly convenes with the participation of the absolute majority of the members who have the right to participate, and in cases of amendment of the regulations and dissolution of the association, it convenes with the participation of two-thirds. If the meeting is postponed due to a lack of a majority, a majority is not required in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the management and audit boards.

 

The list of members who have the right to attend the general assembly is kept ready at the meeting place. The identity documents issued by the official authorities of the members entering the meeting place are checked by the members of the board of directors or the officers appointed by the board of directors. Members enter the meeting place by signing their names on the list prepared by the board of directors.

 

If the meeting quorum is met, the situation is determined in a report and the meeting is opened by the chairman of the board of directors or one of the members of the board of directors to be assigned by the chairman. If the meeting quorum is not met, a report is prepared by the board of directors.

 

After the opening, a chairman to manage the meeting, a sufficient number of vice-chairmen, and a secretary are elected and a council committee is formed.

 

In the votes to be held for the election of the bodies of the association, the voting members are required to show their identities to the council committee and to sign near their names on the list of attendees. The management and security of the meeting are the responsibility of the chairman of the council.

 

At the general assembly, only articles on the agenda are discussed. However, the issues requested to be discussed in writing by one-tenth of the members present at the meeting must be included in the agenda.

 

Each member has one vote in the general assembly. The member must vote in person. Honorary members may attend general meetings but can not vote. If a legal entity is a member, the chairman of the board of directors of the legal entity or the person assigned to represent it votes.

 

The issues discussed and decisions taken at the meeting are written in a report and signed together by the chairman of the council and the secretaries. At the end of the meeting, a report and other documents are delivered to the chairman of the board of directors. The chairman of the board of directors is responsible for protecting these documents and delivering them to the newly elected board of directors within seven days.

 

ARTICLE 16 - Voting and Decision-Making Procedures and Forms of the General Assembly

 

At the general assembly, unless a decision is taken to the contrary, voting is done openly. In open voting, the method specified by the chairman of the general assembly is applied.

 

In the case of secret voting, the papers or voting papers sealed by the meeting chairman are thrown into an empty box after the members take the necessary action. After the end of the voting, the result is determined by an open inventory.

 

General assembly decisions are taken by the absolute majority of the members attending the meeting. However, decisions on changes to the regulation and dissolution of the association can only be taken with a two-thirds majority of the members attending the meeting.

 

Decisions taken without a meeting or call

 

Decisions taken with the written participation of all members without coming together and decisions taken by all members of the association without following the calling procedure written in this regulation are valid. Making decisions in this way does not replace the ordinary meeting.

 

ARTICLE 17- Extraordinary General Assembly

 

Extraordinary General Assembly is called to a meeting within 1 month at the latest by the Board of Directors, in accordance with the applications and decisions listed below, on important and mandatory issues that cannot be waited until the ordinary General Assembly meeting or that would be beneficial to be discussed as soon as possible:

 

17.1 Written and signed application made by 1/5 of the main members of the association stating the issue they want to be discussed,

 

17.2 Decisions to be taken by the Board of Directors with a 2/3 majority vote on issues it deems necessary,

 

17.3 The unanimous decision of the Auditing Board regarding the Association's accounting transactions and budget.

 

Extraordinary General Assembly meeting is held according to the methods and principles of the ordinary General Assembly meeting.

 

ARTICLE 18 - Duties and Powers of the General Assembly

 

The General Assembly is the most authorized decision-making body of the Association and its duties and powers are listed below:

 

18.1 To make the necessary decisions in accordance with Turkish laws and the provisions of the Association's regulations,

 

18.2 To discuss and approve the program of work period, annual budget regulation, statement of revenues and expenditures,

 

18.3 To discuss and approve the Honorary Member candidates recommended by the Board of Directors,

 

18.4 To discuss and approve the Board of Directors' work report, balance sheet and statement of revenues and expenditures for the previous period, the audit report of the Auditing Board, and to acquit the members of the Board of Directors,

18.5 To discuss and decide on the draft of the Board of Directors regarding the amendment of the association's regulations,

 

18.6 To authorize the Board of Directors to purchase or sell real estate to the association,

 

18.7 To decide on the suggestions made by the Board of Directors for the Association to engage in international work, participate in or cooperate with organizations abroad,

 

18.8 To decide on the dissolution of the association and the allocation of its assets,

 

18.9 To examine and decide on objections to the decisions of removal from membership made by the Board of Directors of the Association,

 

18.10 To decide whether the association should borrow or not,

 

18.11 To elect delegates who will represent the Association in the federation in case of membership,

 

18.12 To decide on other necessary matters.

 

ARTICLE 19- Honorary President of the Association

 

The Honorary President of the Association is the Founding President Ömer Faruk Akbal.

 

ARTICLE 20- Board of Directors

 

The formation of the Board of Directors, which is the authorized governing body of the Association, is listed below.

 

20.1 The Board of Directors consists of 11 (eleven) full members and 6 (six) substitute members elected by secret or open vote for two years.

 

20.2 Substitute members replace the vacated full members in order of the majority of votes received in the general assembly. If the number of members of the Board of Directors falls below half of the total number of members after the replacements are brought in due to vacancies, the General Assembly is called to an extraordinary meeting within 1 month for re-election.

 

ARTICLE 21- Working Principles of the Board of Directors and the Executive Board

 

The working principles of the Board of Directors are listed below.

 

21.1 At the first meeting to be held within 6 days following the election, the Board of Directors determines a Chairman of the Board of Directors (President of the Association), the appropriate number of Vice-Presidents, the Chairman of the High Advisory Board and other officials and distributes the duties.

 

21.2 The Board of Directors meets at least once a month and may hold an extraordinary meeting when necessary.

 

22.2 The meeting quorum of the Board of Directors is one more than half of the total number of original members, and the decision quorum is the absolute majority of those attending.

 

22.3 The Board of Directors meets and carries out its work in line with the call and agenda determined by the President of the Association.

 

21.5. Formation of the Executive Board,

 

The Executive Board consists of the Chairman of the Board of Directors, the Deputy Chairman of the Board of Directors, the Chairman of the High Advisory Board and relevant Board members if needed, and the Committee Presidents if needed. It directs and manages its affairs within the framework of the decisions taken and authorities granted by the Board of Directors. It is responsible to the Board of Directors. The Chairman of the Board of Directors determines the people needed to attend the meeting and the agenda. It meets as often as necessary, at least once a month. The Executive Board of the Association performs its duties.

 

ARTICLE 22- Duties and Powers of the Board of Directors

 

The duties and powers of the Board of Directors are listed below:

 

22.1 To make the necessary decisions in accordance with Turkish laws and the provisions of these regulations. To implement the decisions of the General Assembly,

 

22.2 Representing the Association through the Association President or delegating authority to other members when necessary,

 

22.3 To prepare and implement the program of work period, balance sheet, and statement of revenues and expenditures,

 

22.4 To prepare the previous work period's work report, balance sheet, and statement of revenues and expenditures,

 

22.5 Upon the recommendation of the President of the Association, to impose the necessary penalties on members who lose their membership qualifications and conditions, move away from the purpose and service subjects, act contrary to the provisions of these regulations and the decisions of the General Assembly, and make words and actions contrary to personal and professional honor and dignity or professional practices,

 

22.6 To determine the date, time, place, and agenda of the General Assembly meetings and to announce them to the members,

 

22.7 To elect the members of the High Advisory Board and to decide on their suggestions and wishes,

22.8 To establish committees that will work in line with management and service issues and to make the necessary decisions regarding their reports,

 

22.9 To appoint personnel and consultants who will carry out the affairs of the association and to terminate their employment when necessary,

 

22.10 To decide to establish a mutual aid fund or to participate in those that have been established or will be established,

 

22.11 To prepare drafts regarding the amendment of the regulations of the association and the preparation and amendment of the regulations,

 

22.12 To inform members and relevant authorities of the decisions taken at the General Assembly meetings,

 

22.13 To receive the Association's assets from the Board of Directors in charge of the previous working period, in accordance with its duty and balance sheet, and to deliver them in the same way to the Board of Directors of the next working period,

 

22.14 To keep and preserve the records and books of the association,

 

22.15 To take care of the social situation of the members and to establish camps, clubhouses, etc., and to ensure their functioning and/or operation,

 

22.16 To carry out other necessary operations and applications.

 

ARTICLE 23- Chairman of the Board of Directors

 

The Chairman of the Board of Directors has the authority to represent the Association, prepare the agenda, manage the negotiations, determine the meeting days, sign the documents related to decisions to consume together with the accountant, open the General Assembly meeting, and take the register.

 

ARTICLE 24 - Deputy Chairman of the Board of Directors

 

The duties and powers of the appropriate number of Vice Chairman of the Board of Directors are determined at the first board meeting after the elections.

 

ARTICLE 25- Account Officer

 

The accountant carries out the financial transactions of the Association, organizes and maintains the financial documents and books, and signs the correspondence made on behalf of the Association within the powers given by the President.

 

ARTICLE 26- Audit Board and Internal Audit Forms

 

26.1 The Audit Board consists of 3 full and 3 substitute members elected by open vote for three years.

 

26.1.1 The Board of Auditors elects a chairman and a spokesperson at its first meeting within 6 days following the election.

 

26.2 The Board of Auditors meets at intervals not exceeding one year and inspects the association. The quorum for meetings and decisions is 2.

 

26.3 The Board of Auditors is responsible and authorized to inform the Board of Directors of the results of the examination, wishes, and suggestions on the books and documents related to the budget, accounts, and transactions of the Association; to express wishes and suggestions by being present at the Board of Directors meeting where the working period program prepared by the Board of Directors, annual budget regulation and statement of revenues and expenditures will be discussed; to present to the General Assembly a report about the previous working period report prepared by the Board of Directors and their review of the balance sheet and statement of revenues and expenditures.

 

26.4 Internal audit is essential in the association. Internal auditing may be carried out by the general assembly, board of directors, or audit board, or auditing may be carried out by independent auditing firms. The fact that an audit has been carried out by the general assembly, the board of directors, or independent audit firms does not eliminate the liability of the audit board.

 

The audit board inspects whether the association operates in line with the purpose and work subjects stated to be carried out to achieve the purpose stated in its regulations, whether the books, accounts, and records are kept in accordance with the legislation and the association regulations, in accordance with the principles and procedures determined in the association regulations at intervals not exceeding one year and presents the audit results in a report to the board of directors and the general assembly at the meeting.

 

Upon the request of the members of the audit board, all kinds of information, documents, and records must be shown or given by the association officials, and the request to enter the management places, institutions, and their annexes must be fulfilled.

 

If there is a vacancy in the full membership of the audit board due to resignation or other reasons, it is mandatory to call the substitute members to duty in order of the majority of votes received in the general assembly.

 

ARTICLE 27- High Advisory Board

 

The High Advisory Board consists of a sufficient number of professionals who have the knowledge and experience to make the goals and activities of the Board of Directors functional, who are experts in the subjects specified in the purpose of the Association, people who are or have been university faculty members, industry doyens, business owners and former presidents of the Association, selected by the Board of Directors for two years.

 

It is not necessary to be a member of the association to serve on the High Advisory Board. The High Advisory Board may meet as often as it deems necessary. The High Advisory Board is called to a meeting in accordance with the agenda prepared by the President designated by the Board of Directors or the President of the Association, and a copy of the decision report of the meeting is sent to the Board of Directors.

 

ARTICLE 28 - Duties and Powers of the High Advisory Board

 

The duties of the High Advisory Board are as follows:

 

28.1 To contribute to the development of the Association's relations with sectoral associations and other non-governmental organizations at home and abroad, to increase the prestige of the Association and to promote it to all individuals and organizations,

 

28.2 To make recommendations to the Board of Directors by monitoring the activities of the Association in carrying out the studies, projects, and research to be carried out by the Association, determining the fields of activity, and creating public opinion,

 

28.3 To advise the Board of Directors by making consultative decisions on issues determined and needed by the Board of Directors of the Association.

 

ARTICLE 29- Management and Service Committees

 

The association may establish temporary or permanent management, service committees, and ethics committees to assist the management in matters of purpose and service. Temporary committees, the President of the Association, permanent committees, and the ethics committee are elected by the decision of the Board of Directors.

 

Management, service committees, and ethics committees are responsible and authorized to carry out studies, research, and examinations that may help the Management, Audit, and High Advisory Board in decision-making or the executive unit, to make suggestions and, when necessary, to carry out their implementation.

 

ARTICLE 30- Notification of Persons Elected to the Bodies and Changes to the Administration

 

The results of the ordinary or extraordinary general assembly meetings are notified to the local administrative authority electronically within 30 days by filling out the "Immovable Property Declaration" (presented in Annex 26 of the Associations Regulation) after the immovable properties acquired by the Association are registered in the land registry.

 

Changes in the location of the association (specified in Annex-24 of the Associations Regulation) by filling out the "Notification of Change of Settlement Place"; changes in the association bodies other than the general assembly meeting (specified in the Annex-25 of the Regulations of Associations) by filling out the "Notification of Changes in the Organs of the Association" are notified to the local administrative authority within thirty days following the changes.

 

Changes made to the association regulations are also notified to the local authority within thirty days following the general assembly meeting in which the regulation amendment was made, as an annex to the general assembly result notification.

 

IV. SECTION – Financial Provisions

 

ARTICLE 31- Working Period and Budget

 

  • The working period of the association starts on January 1 and ends on December 31 of the same year.
  • The budget of the association consists of the annual budget directive and income and expense schedules.
  • In the annual budget directive, issues such as spending powers and authorities, the way revenues are collected, documents related to expenses and expenditures, and the amount of money to remain in the safe are listed.

 

ARTICLE 32 - Income Sources of the Association - Entry  - Determination of Annual Fee

 

The income of the association is listed below:

 

  1. Subscription Fee: It is a one-time amount for members whose membership is accepted.
  2. Annual Membership Fee: This is the mandatory amount to be paid by members for each working period and throughout the continuation of their membership.
  3. Donations and aid made voluntarily by real and legal persons to the association,
  4. Income obtained from national or international meetings, trips, performances, concerts, sports competitions, conferences, panels, symposiums, seminars and similar activities organized by the association,
  5. Income from the assets of the association,
  6. Donations and aid to be collected in accordance with the legislative provisions on aid collection,
  7. Earnings obtained from commercial activities undertaken by the association to provide the income it needs to realize its purpose,
  8. Economic Business Income,
  9. Other income.

 

How Subscription and Annual Fees are Determined: Subscription and annual fees of full members (Corporate-Real) are determined by the board of directors every year in accordance with the objectives and activities of the association and announced to the members.

 

The association may accept financial aid from employee or employer unions and professional organizations that are public institutions and may provide financial aid to the aforementioned organizations.

 

ARTICLE 33- Income and Expense Transactions and Borrowing Procedures

The following rules and methods are applied in the income and expense transactions of the association:

 

33.1 Members who pay the determined annual fees at the end of the first quarter of the year will be charged a 35% discounted dues fee. A 20% discounted dues fee will be collected from those who pay in the second quarter of the year. A 10% discounted dues fee will be collected from those who pay in the following third quarter. Those who pay in the last quarter of the year will be charged the dues without any discount. If an incomplete payment has been made, the missing balances will be collected without a discount for the current period. A warning letter will be written to members who do not pay their fees within this period. The dues of the members who do not pay by the end of the first month of the following year at the latest despite this letter, will be collected together with the late payment interest to be determined by the board of directors.

 

33.2 Association revenues are collected with a receipt and expenses are made with an expenditure document. If the association's revenues are collected through banks, documents such as receipts or account statements issued by the bank will serve as receipts. Retention documents and expenditure documents are kept for five years.

 

Receipts to be used in collecting association revenues are printed by the decision of the board of directors.

 

The persons who will collect the income of the association are determined by the decision of the board of directors, and an authorization certificate is issued on their behalf.

 

33.3 Invoices or receipts are received for expenses related to Expenses. If the specified documents cannot be obtained, an expense document will be issued by the person concerned. The retention period for receipt documents, invoices, receipts, and expense documents is five years.

 

33.4 The association may borrow money from individuals or institutions. However, issues such as for what purpose, how much will be borrowed, and what the repayment conditions will be, etc. must be discussed and accepted in the general assembly and the Board of Directors must be authorized.

ARTICLE 34 - Books

 

The association keeps the books and records stipulated in the relevant articles, in accordance with the principles mentioned in the 6th section of the "Associations Regulation", which was issued based on the Associations Law No. 5253 and the 11th article of this law and entered into force by being published in the official gazette dated 31 March 2005. These books must be certified and used by the Notary or the Provincial Associations Unit.

 

CHAPTER V – Miscellaneous Provisions

 

ARTICLE 35- Amendment to the Association Regulations

 

Regulation changes can be made by the decision of the general assembly. In order to change the regulation at the general assembly, a 2/3 majority of the members who have the right to attend the general assembly is required. If the meeting is postponed due to a lack of majority, the majority is not required in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the management and audit boards.

 

The decision majority required for amendment of the regulations is 2/3 of the votes of the members who attend the meeting and have the right to vote. Voting for regulation amendments is made openly at the general assembly.

 

ARTICLE 36 - Principles of Dissolution and Liquidation of the Association

 

  • The general assembly may decide to terminate the association at any time.
  • In order for the termination issue to be discussed at the general assembly, a 2/3 majority of the members who have the right to attend and vote in the general assembly is required. If the meeting is postponed due to a lack of majority, the majority is not required in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the management and audit boards.
  • Decisions on termination are taken by a 2/3 majority of the members present.
  • Liquidation of the money, property, and rights of the association is carried out according to the principles stated below.

 

  1. Liquidation should be carried out in accordance with the principles stated in the association regulations:

 

The transfer of money, property, and rights of the association is made by the liquidation board consisting of the last board members. These procedures start from the date when the general assembly decision regarding termination is taken or the automatic termination becomes final. The phrase "Real Estate Overseas Promotion Association in Liquidation" is used in the name of the association in all transactions during the liquidation period.

 

The liquidation committee first examines the association's accounts. During the examination, the books, receipts, expenditure documents, title deeds, bank records, and other documents belonging to the association are determined, and its assets and liabilities are recorded in a report. During the liquidation process, the association's creditors, if any, are called and their assets, if any, are converted into cash and paid to the creditors. If the association is a creditor, receivables are collected from the debtors. After the collection of receivables and payment of debts, the remaining money and goods are transferred to the Capital Markets Board.

 

Following the completion of the liquidation and transfer of the money, property, and rights of the association, the liquidation board must notify the local administrative authority of the location where the headquarters of the association is located in a letter within seven days, and the liquidation report must be attached to this letter. All transactions related to liquidation are listed in the liquidation report, and the liquidation procedures are completed within three months, excluding additional periods given by the local administrative authorities based on a justified reason.

 

The last members of the board of directors are responsible for keeping the books and documents of the association as the liquidation board. This duty can be conferred to a board of members too. These books and records must be kept for five years.

 

  1. Liquidation by court decision:

 

In cases where the method of liquidation is left to the decision of the general assembly in the regulations, if a decision is not taken by the general assembly, or if the general assembly cannot convene, or if the liquidation proceedings are not carried out despite the notification made to the last board of directors, or if the association is dissolved by a court decision, all the money, property and rights of the association will be lost to the court decision. It is transferred to the association that is closest to its purpose in the province and has the highest number of members on the date of closure.

 

In this case, the liquidation of the association's money, property, and rights is carried out in accordance with the principles specified in the court decision, and following the completion of the liquidation, the situation is reported to the relevant local administrative authority.

 

ARTICLE 37 - Lack of Provision

 

In matters not specified in this regulation, the provisions of the Associations Law, the Turkish Civil Code, the Associations Regulation issued with reference to these Laws, and other relevant legislation regarding associations apply.

 

This regulation consists of 37 (thirty-seven) articles.