Establishment And Obligations Of Associations
Associations are communities of persons with legal personality, which are formed by combining their knowledge and efforts permanently in order to realise a specific and common purpose other than sharing profits.
At least 7 real or legal persons with the capacity to act may establish an association without prior permission. However, although prior permission is not required, a notification of establishment must be made to the highest local authority of the place where the association will be established in order for it to gain legal personality.
Which documents must be submitted for establishment procedures?
2 association statutes signed by the founders on each page,
In case there are legal entities among the founders of the association; the titles, settlement places and establishment documents of these legal entities, as well as a photocopy of the decision taken in this regard, provided that the real persons authorised by the organs of the legal entities are specified,
In case there are non-profit organisations other than associations or foreign associations or foundations among the founders, a written statement signed by the founders of the association stating that permission has been granted by the Ministry of Interior for these legal entities to become founders of associations,
If there are foreign nationals among the founders, photocopies of the documents showing that they have the right to reside in Turkey,
A list indicating the name, surname, place of residence and signature of the person or persons authorised to receive correspondence and notifications.
How does the process work after the establishment notification?
The applicant is given a “Certificate of Receipt” by the local administrative authority indicating that the establishment notification and its annexes have been received and the association is registered in the registry.
The correctness of the establishment notification and the attached documents and the statute of the association are examined within sixty days by the local administrative authority in person or by authorising the associations units.
If there are no illegalities or deficiencies in the establishment notification, statute and documents, or if such illegalities or deficiencies are corrected within a certain period of time, the association shall be immediately notified in writing to the association and the association shall be registered in the register of associations.
In which areas can associations operate?
The rule is that associations may carry out activities in line with the fields and forms of activity specified in their statutes in order to realise their objectives. However, this rule does not mean that associations have unlimited freedom in their activities.
According to Article 30 of the Law on Associations titled “Associations forbidden to be established and forbidden activities
– cannot carry out activities other than the purpose indicated in their statutes and the fields of activity specified to be carried out in order to realise this purpose,
– They may not be established for the purposes expressly prohibited by the Constitution and laws or to carry out acts that constitute a criminal offence,
– It is regulated that they cannot carry out education and training activities to prepare for military service, national defence and general law enforcement services, they cannot open camps or training places to achieve these purposes, and they cannot use special clothes or uniforms for their members.
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