SOCIETY AND LAW RESEARCH FOUNDATION SENEDI
A foundation has been established by the real persons having their names and addresses under this 'Foundation Senedi' according to the provisions of the Turkish Civil Code.
Article 1- The name of the foundation is the FOUNDATION OF SOCIETY AND LEGAL RESEARCH. It is abbreviated (TOHAV).
Article 2- The center of the foundation is in the city of Istanbul. Address of the foundation: Kuloğlu mah. Turnacıbaşı Sok Fikret Tuner office No: 55/57 Floor: 3 Beyoğlu - İstanbul
FOUNDER AND ACTIVITIES
Article 3- The Foundation shall adopt, implement and settle democratic and universal principles of law in all aspects of society and state life in the light of the achievements of human history; The removal of barriers to individual, social, economic, cultural and national development in order to attain a democratic, participatory and libertarian understanding of law; The end of the discrimination between the sexes, the protection of the child and the nature, the aim of exaltation of human dignity. In order to achieve this purpose,
A) The social, cultural, educational, medical, artistic, sanitary, sportive, aesthetic, etc. that the members of the society and the needy people who will make an effort in the field of law and human rights, Centers that can meet their needs.
B) It is aimed to solidarity with founders and members, individuals, communities and organizations which are in the scope of the purpose of the foundation.
It aims to make efforts and public opinion against violations of rights and laws in public and state life.
C) In the context of its purposes, it makes researches and examinations, makes comments and gives opinions about the applications to be made to the foundation; Material, spiritual, educational, artistic, cultural, medical, sportive, aesthetic, sanitary, etc. Aims to be found in help.
D) It strives to change the legal and legal regulations contrary to the objective specific and specific domestic laws, universal law, human rights, the sense of contemporary justice and equity, socio-cultural structure. It sets up various working units to realize this effort.
E) Creation of a democratic legal culture, an egalitarian, participatory, libertarian legal order; It publishes written, printed, visual, auditory and non-periodical broadcasting activities for the purpose of comprehending the rights and freedoms in this area, and establishing press and broadcasting centers.
F) publishes publications necessary for achieving its objectives; Conferences, panels, open sessions, symposiums, exhibitions, festivals, competitions, dinner meetings, cocktail arrangements, and activities mentioned above.
G) Provide assistance, solidarity, common activities and activities with national and international persons, institutions, organizations and communities in activities in the field of law and human rights.
Article 4- The Foundation, in order to achieve its purpose:
A) The use of legal restrictions and the use of the authorities in the legal framework for the acquisition of immovable property, shallowness, death-related savings or donations, Agreements between the parties shall be governed by the laws of the Republic of Turkey and the law of the Republic of Turkey and shall not affect the acquisition, acquisition, lease, sale or lease of property, disposal or possession of property, use of assets or use as income or partnership,
To spend by selling or transferring its assets,
B) To sell, to sell, to donate, to receive and to pay income, to mortgage, to sell, to sell, to sell, to sell, to sell, to sell all securities, redeemed shares and valuable securities, securities, securities, Socio-cultural, economic partnerships, or enter into joint ventures to obtain or deduct income or dividends, invest or use collateral to provide more or more funds to invest, to pledge, to swap promises, To make loans, to borrow when necessary, to borrow, to transfer, assign, to destroy, to operate, to rent, to cooperate, to work for the purposes of the foundation and to create its financial resources All necessary initiatives and activities are authorized and authorized to carry and use all the rights and authorities and obligations recognized by Article 46 of the Civil Code.
C) The Foundation may enter into cooperation with public or private organizations or individuals located abroad and may make joint investments and studies. It can arrange contracts and pre-agreements.
D) In order to increase the incomes of the Foundation and to make appropriate studies for its purpose, the Foundation can be found in all kinds of works and savings which are not prohibited by the provisions of Law No. 993 of the Vakıflar Kanunu.
Article 5- The founding assets of the foundation are 500.000.000 (Five hundred million) TL which is equally founded by founding members of the foundation.
Article 6- Foundation organs:
A) General Assembly of the Foundation
B) Board of Directors
C) The Supervisory Board.
GENERAL ASSEMBLY OF THE FOUNDATION
Article 7- The general assembly of the foundation consists of founding members from the foundation, participant members from the foundation and honor members.
A) Founding Members from the Foundation: Those who accept and sign the foundation by adopting the foundation, are founding members from the foundation.
B) Participating Members by Foundation: From the foundation of the foundation, sora is the members who accept the foundation's purpose and adopt the membership of the foundation, and are the participant members from the foundation.
For participating in the membership;
1) Fill out the application form,
2) Declaration of the application for 10 days, finalization of the suspension announcement (If there is an objection to the announcement, the suspension period of 10 days after the objection is rejected)
3) The payment of participant entry fee on the foundation to be determined by the general assembly or the board of directors authorized by the board of directors, the commitment of paying the annual participation shares, (This requirement may not be sought for the purpose of the board,
4) The board of directors is willing to be a member of the willing foundation when it is deemed appropriate. Within one month, the application for membership of the applicant who has not been settled by the board of directors shall be deemed to have been rejected.
C) Honorary Members: Any person or organization that provides tremendous support in terms of material and moral support for the purpose of the Foundation shall be an honorary member with the recommendation of the board and approval of the general assembly. Founders of the founding members and participants devoted member of the graduate faculty of law must be individuals. This requirement is not required for other memberships.
OFFICES AND AUTHORITIES OF THE GENERAL ASSEMBLY
Article 8- The General Assembly of the Foundation is the highest authority and highest decision-making body of the foundation. Duties:
A) To elect the members of the Board of Directors,
B) To elect auditing board members,
C) To evaluate, direct and monitor the proposed activities in accordance with the aims of the Foundation,
D) To make negotiations with the members who are present on the agenda of the General Assembly or participate in the meeting and not less than 1/5 of them,
E) reviewing and auditing the working report, balance sheet and expenditures submitted by the board of directors, audit committee reports, if appropriate, management and audit committees,
F) To evaluate, change or accept the future work plan and draft budget prepared by the Board of Directors,
G) Making the necessary changes in the foundation,
H) To approve or reject the nomination status of members of the institutional representative recommended by the board of directors and honor members,
I) To do all kinds of activities to realize the aims of the Foundation, to make warnings and suggestions, to terminate the duties of some or all of the board of directors or auditing board,
J) To conclude the appeal applications of candidate members who are rejected for membership,
K) To discuss the proposals regarding the removal of 1/5 of the board of directors or members of the general assembly from membership.
Article 9- General meeting is held as ordinary and extraordinary meeting.
A) Ordinary meeting: in January every two years with the call of the board of directors.
B) Extraordinary meeting: the request of the board of directors, the request of the board of auditors, or general
1/5 of the number of members of the board is made upon request.
Article 10- Ordinary and extraordinary general assembly meetings are held upon a call made by the above-mentioned body and members.
The Board of Directors shall determine the members to participate in the general assembly 8. The number shall be determined according to the distinction in the article and the list shall be announced within two days with the list suspended within 3 days. 2. After reviewing the objections to the list, if any, after the day, the board will confirm the list to attend the general meeting.
The board of directors, the meeting place, day and time; If the majority is not provided, the member who has the right and authority to attend the meeting at least ten days in advance with the agenda and the date and time of the second meeting shall be informed.
If more than half of the general assembly members participate in the call for the first meeting, the general assembly convenes.
If there is no majority, a second meeting is held after 15 days unless the general meeting is held. majority requirement does not apply in this meeting. (However, the number of participating members shall not be less than 1/5 of the number of members entitled to participate in the general meeting).
A member who can not attend the general meeting may appoint another member who is entitled to attend the general meeting as a representative; But a member can not represent more than one member.
Article 11- The meeting shall be held under the chairmanship of the chairman or his / her delegate. In order to carry out the general assembly meeting, a five-person general assembly consisting of a president, a vice-president and three writers is elected. Elections other than the general election of the presidential council are held under the principle of 'secret ballot, open count'.
Decisions of general assembly are taken by the majority of the participating members. In case of equality, the chairman's vote is counted as two votes.
BOARD OF DIRECTORS
Article 12- The board of directors shall be elected by the general assembly for 7 years and 7 reserve members for a period of 2 years. The board of directors elects a Chairman of the Foundation, a General Secretary and the General Treasurer. The board of directors may appoint a deputy chairperson and other assistant units if necessary.
MEETINGS OF THE BOARD OF DIRECTORS
Article 13-a) Ordinary meeting: the board meets at least once a month with an absolute majority.
C) Extraordinary meeting: The board of directors convenes extraordinarily upon the request of the chairman or three board members. The meeting call and the agenda shall be communicated to the board members at least three days in advance. A member of the board of directors who does not attend board meetings three times in a row, four times a year without an apology is considered to have been withdrawn from the post. Instead, a substitute member is elected on the board of directors.
D) The Board of Directors shall decide by the absolute majority of the attendants.
DUTIES AND AUTHORITIES OF THE BOARD OF DIRECTORS
Article 14- a) To represent the Foundation. Identify the forms and conditions of representation.
B) To carry out all kinds of studies in the direction of the foundations senem in order to realize the aims of the foundation.
C) To implement general meeting resolutions. To manage the goods of the foundation in the best way in line with the resolutions of the General Assembly and to do all kinds of work to increase their incomes. Take the necessary precautions.
D) To make and implement work plans. Prepare a draft budget. To organize expenditures and final accounts, and to present them to the general assembly.
E) to make the necessary applications in accordance with the law if deemed necessary. To open branch offices, representative offices, liaison offices and similar working units at home and abroad.
F) To make the necessary preliminary assessment for the acceptance and selection of the members of the Foundation Honor and to present their findings to the General Assembly.
G) To prepare regulations, work programs and similar documents related to the inner workings of the foundation.
H) In accordance with the Foundation's regulations and in keeping with the books of the foundation, it is necessary to keep the books regularly, to benefit from specialist personnel, to recruit, to make a job, to make a deposit, to take a pledge, to commit, to accept donations and payments, use.
I) In the absence of the chairman and the chairman, the formal proceedings shall be carried out by the secretary and the double-signed documents issued by the treasurer together.
Article 15- The Supervisory Board shall be elected by the general assembly for three years and three reserve members for a period of two years. The original and substitute members are determined according to the votes of the candidates. At its first meeting, the board elects its president from among its own.
DUTIES AND AUTHORITIES OF AUDIT COMMITTEE
Article 16 - The board of auditors shall make warnings 4 that it deems necessary to the board of directors, It takes suggestions, examines the books of the foundation at least twice a year, examines the income-expenditure, and discloses their thoughts and opinions in a report. At least 20 days before the general assembly meeting, the annual audit report is given to the board of directors to be presented to the foundation members.
STAFF AND FEE APPLICATIONS
Article 17- The activities of the members of the board of directors are based on the principle of voluntarism and no fee is paid. Members of the board of directors carry out their duties without waiting for a reward in their work to be carried out in line with the purposes of the foundation. However, compulsory expenditures such as travel and accommodation expenses can be covered by a decision of the board of directors. Fees may be paid for the work of foundation associations or foundation members.
Article 18- The Board of Directors of the Foundation shall act according to the conditions it deems necessary. The foundation, including the director of the foundation, prepares and sets the necessary environment for the efficient functioning of the staff.
Article 19 - The accounting period starts on January 1 of each year and ends on December 31. Expenses to be made until the approval of the budget can not exceed the payments foreseen in the previous budget.
CHANGE IN OFFICIAL FOUNDATION
Article 20- For the amendment to be made as required by law or in case of necessity of the Foundation, a meeting shall be held on the recommendation of the board of directors or on at least 1/5 of the members of the general assembly and the amendment shall be accepted by a vote of one half of the number of members of the general assembly.
Article 21- In case of inappropriate behaviors of members of the Board of Trustees of the foundation board of the audit committee for the purposes of the foundation, 1/5 of the members of the foundation call extraordinary meetings to discuss this matter. For the same purpose, a call management or supervisory board may do against the body acting against the purposes of the foundation. In the first meeting of the decisions to be taken by the General Assembly, more than half of the members are required to vote by acceptance vote, and in the case of the second meeting to be held if the majority is not held, the votes of the absolute majority of the participants must be taken.
Re-election is done instead of the member or body decided to be taken from the post.
Article 22- Members who are in a position inconsistent with the purpose of the Foundation and who have not shown the necessary sensitivity to this issue and who are at least 1/5 of the total number of members of the executive board or of the general assembly and a third of the total number of members of the foundation general assembly, Removed.
Membership rights of members who are deemed eligible to be proposed for foundation general assembly may be withdrawn by foundation management board, foundation general assembly, foundation general assembly meeting.
FOUNDATION EXCLUSION AND LIQUIDATION
Article 23- If the foundation is inadequate to attain its purpose and its inadequacy is irrecoverable and it is not possible for the foundation to earn a living, the general assembly may decide to terminate the foundation by considering the proposal of the board of directors.
However, before going to this way, it is tried to create the opportunity to collect the assets of the foundations in the general assembly and partially realize their aims, if not at all, by using a narrower area.
If the general assembly decides to terminate, the board of directors conducts liquidation proceedings such as applying to court as liquidation committee. If the court decides that the liquidation board should be formed outside the board of directors, the board of directors recommends other members of the board or experts who are not members to the court for the liquidation board.
Article 24- Founding and participating members of the Foundation benefit from all the services, facilities and works of the Foundation. The foundation board determines the form and method of the rights and priorities to be provided to the members. No clearly identified and approved rights or priorities can be claimed.
Article 25- The Foundation, while fulfilling its purpose, provides free services in accordance with the activities and social services it carries out.
Article 26- The relevant provisions of the laws shall apply to matters not mentioned in the Foundation's case.
THE FOUNDATION HAS ENERGED PERSONAL PERSONNEL
Article 27- The Foundation acquires legal personality and starts to work after being registered in accordance with the law. The foundation can not start work because it is not registered and if it does not acquire a legal personality, the allocated property is returned to the foundation founders in proportion to their allocations.
Article 28- Founding and participating members of the Foundation shall participate in the general assembly of foundations by paying the annual participation shares determined by the general assembly or the board of directors authorized by the foundation.
|1- ABDÜLVAHİT KAYA
2- HASİP KAPLAN
3- VASFİYE TÜLAY GEYİK
4- OSMAN ERGİN
5- İSMAİL ÇÖLGEÇEN
6- TÜLAY ATEŞ
7- ALİ RIZA DÖZDAR
8- DURSUN ÖZTÜRKÇÜ
9- SALİH BEŞALTI
10- AYSEL TUĞLUK
11- İBRAHİM HARMAN
12- SEDAT SADİOĞLU
13- İSMET ATEŞ
14- TALAT TEPE
15- MEHMET ASLANARGİIN
16- HIDIR ÇİÇEK
17- HASAN ALICI
18- MÜSLÜM ERÇETİN
19- AYNUR AYDURAN
20- ABDULLAH GÜRBÜZ
21- M.SELİM OKÇUOĞLU
22- RIZA DİNÇ
23- M.NURİ ÖZMEN
24- MEDET SERHAT
25- ESRA DÜRRE
26- NURCAN NALBANT
27- İBRAHİM İNCE
28- ÖZCAN KILIÇ
29- NİYAZİ ÇEM
30- ÇETİN BİNGÖLBALI
31- NACİ BİNAY
32- LEVENT KANAT
33- KUTBEDİN KAYA
34- ARZU ŞAHİN
35- M.BAKIR ASMA
36- FİLİZ KÖSTAK
37- KEMAL BİLGİÇ
38- MUSTAFA AYZİT
39- AHMET AKKUŞ
40- M.SAİT GÜNDÜZALP
41- MEHMET PEKGÖZ
42- ORHAN TURAL
43- EMRAN EMEKÇİ
44- EMİRE EREN KESİN
45- GAFFAR ÇAM
46- FUNDA ÖZVERİ
Court of Appeal Decision: Istanbul 9th Civil Court of First Instance
Decision Date: 12.09.1994
Essential No: 1994/275
Decision No: 1994/357
The decision was published in the Official Gazette on October 23, 1994 and number 22090.
İstanbul 16. Noterliğin 'dated 11.06.1999 and 11588 diary' with the amendment and amendment report of the foundation in the form of arrangement '; A-c-g, 10th and 12th articles have been amended. This amendment was approved by the decision of Istanbul 9th Civil Court of First Instance with Decision No. 18.12.2000 / 702, Decision No. 2000/721.