CHARTER

 

CHARTER OF INTERNATIONAL HEALTH TOURISM FACILITIES AND INTERMEDIARY ORGANIZATIONS ASSOCIATION (USTTAK)

 

 

ESTABLISHMENT AND NAME OF ASSOCIATION

 

 

Article 1: Pursuant to the laws, regulations and provisions of this charter, this association has been established under the name of “International Health Tourism Facilities And Intermediary Organizations Association”  to work in accordance with its purpose and subjects of service. Abbreviation for the association is “USTTAK”.

 

 

CENTER OF ASSOCIATION

 

 

Article 2: Center of the association is “ANKARA” province. The association may open branches affiliated to the center at home and abroad in case of need.

 

 

PURPOSE OF ASSOCIATION

Article 3: Purpose of the association is to bring together Health Tourism Facilities and Intermediary Institutions with International Health Tourism Authorization Certificate and people traveling to our country to receive healthcare services from their city or country, to ensure effective communication of their members with foreign health institutions and professionals, to introduce our country's authorized health facilities and intermediary institutions more closely to non-governmental organizations and private-public institutions abroad, to organize promotional activities in this field at home and abroad, to provide benefits to its members by carrying out active lobbying activities in favor of Turkey in the working area, to present to public institutions by making recommendations, suggestions and works for the development of health tourism legislation, and to contribute to the development of the Health Tourism Sector with its all branches.

 

 

WORKING AREA, WORKING METHODS AND SUBJECTS OF SERVICE OF THE ASSOCIATION

 

 

Article 4: In accordance with the purpose of the association and the provisions of the relevant law, the working areas, working methods and subjects of service are as follows: To raise awareness on Medical Tourism, Thermal Tourism, Elderly and Disabled Tourism, to raise awareness of the society, to establish relations with national and international private and public institutions related to the subject, to participate in works for similar purposes, to cooperate, to carry out joint projects when necessary, To provide all kinds of information, documents, instruments and publications such as articles, bulletins, books, magazines, brochures, newspapers, posters, CDs, videos, e-books, digital materials necessary for the realization of the purpose, to create a documentation center, to make publications on websites, newspapers, magazines, books and digital media in order to announce their work and to distribute them to its members, To provide a healthy working environment for the realization of the purpose, to provide all kinds of technical tools and equipment, fixtures and stationery, to carry out benefits and to accept donations from within the country and abroad, provided that the necessary permissions are obtained, To establish foundations, to establish a federation or to join an established federation in the country and abroad, if deemed necessary for the realization of the purpose, to establish facilities that associations can establish by obtaining the necessary permission, To carry out international activities, to be a member of associations or organizations abroad and to collaborate or cooperate with these organizations on a project basis, To carry out scientific researches in order to activate and develop the activities, to support the researches, To organize specialization training programs such as courses, seminars, conferences and panels at national and international level, To arrange organizations for the health sector such as national and international fairs, congresses, symposiums, workshops, To purchase, sell, rent, lease, operate, sell, donate movable and immovable property needed for the activities of the Association and to establish real rights on immovables, To contribute to the education of the society on Health Tourism issues, to provide consultancy to individuals, institutions and organizations, To make newspaper, radio and TV programs, to make press releases and internet broadcasting, to organize events such as meetings, shows, exhibitions, picnics, concerts, bazaars, To search for educational opportunities in the fields of medical tourism, thermal tourism and elderly and disabled tourism in the country and abroad for the education of the members and to cooperate with the trainers, To support its members to participate in fairs, seminars, conferences, workshops and scientific meetings at home and abroad, To organize dinner meetings, concerts, balls, theaters, exhibitions, sports, excursions and entertaining events and similar activities in order to develop and maintain human relations among its members, or to enable its members to benefit from such activities, To establish platforms to realize a common purpose with other associations or foundations, unions and similar non-governmental organizations in areas that are related to the purpose of the association and not prohibited by law, To open branches and representative offices at home and abroad where deemed necessary, If deemed necessary for the realization of the purpose, without prejudice to the provisions of the Law No. 5072 on the Relationship of Associations and Foundations with Public Institution and Institutions, to carry out joint projects with public institutions and organizations in their fields of work, To carry out all kinds of activities that are necessary for the realization of the purpose and that are not prohibited by law.

 

ACTIVITIES OF ASSOCIATION

 

 

The Association represents its members at home and abroad in the field of Health Tourism, conducts meetings with individuals, private and public institutions and organizations, and organizes promotional and training activities in order for its members to benefit.

 

 

PROCEDURES REGARDING MEMBERSHIP OF THE ASSOCIATION, RIGHTS AND OBLIGATIONS OF MEMBERS

 

 

Article 5: Conditions for becoming a member of the association, membership procedures, withdrawal from membership, conditions and forms of expulsion from membership are specified below.

 

1) Right to be a member:

Real persons with legal capacity to act and legal persons with Health Tourism Authorization Certificate can apply to become a member of our association, provided that s/he is recommended by at least one person, who is a member, from the association. The written applications of the member candidates for membership are decided by the executive board within 30 days at the latest. The decision of the Board is notified to the applicant with a letter. The executive board may reject the membership application without justifying. The member whose application is accepted is registered in the Membership Register Book. Membership of foreigners may be possible provided that they have the right to occupy in Turkey. When the number of branches of the association is more than five, the membership records of those registered at the center of the association are transferred to the branches. New membership applications are made to the branch. The processes of accepting membership and expulsion from membership are made by the branch executive board and notified to the Center with a letter within maximum thirty days.

2) Termination of Membership

Every member has the right to resign. Those who would like to terminate their membership must submit their petitions with an original signature or through a notary public to executive board. When the petition is received by the association, the member's record is deleted from the membership registry book with the decision of the executive board.

Withdrawal from membership or expulsion from membership does not invalidate the accumulated debts of the member, if any, to the association.

 

3) Expulsion from membership

Conditions to be expelled from association membership;

  1- To violate the association's charter,

  2- To act subversively in the association,

  3- To avoid constantly participating in assigned tasks and activities,

  4- Failure to pay the delayed membership fee within 30 days despite written warnings,

  5- Not complying with the decisions made by the association bodies,

  6- To lose the conditions of membership.

 

The member may be expelled from membership with the decision of the executive board in case of determination of one of the above-mentioned conditions. If it is later understood that those accepted for membership do not have the qualifications for membership, their membership will automatically terminate. Those who withdraw or are expelled from the association are deleted from the membership registry book and cannot claim any rights in the association's assets. An objection against the decision of the Executive Board can only be made to the general assembly. If no objection is made to the first general assembly to be held, the decision of the Executive Board becomes final. In the event that the general assembly decides to continue his/her membership, s/he is added to the names list by the president of the council to participate in the general assembly resolutions.


 

4) Rights of Members:

No person or any organization can be forced to become a member of the association, to remain as a member of the association or to resign. All members have equal rights. The members of the association are not discriminated against because of language, race, color, gender, religion and sect, family, group and class. No privileges can be granted to any member. Members who resigned from the association or were expelled by the decision of the General Assembly and the Executive Board cannot claim rights from the assets of the association. Each member has one vote at the general assembly. Individual members cannot exercise the right to vote through representation (by attorney) except for legal entities. If the legal entity is a member, the chairperson of the board of the legal entity or the person who has a certificate of authorization to represent can vote. The person who will vote on behalf of the legal entity when his/her term ends is determined again.

 


 

5) Obligations of Members:

Members are obliged to act in accordance with the aims and principles set forth in the charter of the association, to participate in activities, to pay the entrance fee and annual fee determined by the general assembly, to comply with the decisions taken by the authorized bodies of the association and to fulfill the assigned duties.

 

 

BODIES OF ASSOCIATION

 

 

Article 6: Bodies of association are as follows:

  • General Assembly
  • Executive Board
  • Auditing Board

 

 

GENERAL ASSEMBLY FORMATION, MEETING SCHEDULE AND CALL PROCEDURE

 

 

Article 7: General assembly formation, plenary session and call procedure are specified below.

 

General Assembly Formation: The general assembly is the most authorized decision-making body of the association and consists of the original members registered to the association. In case of opening a branch of the association, it consists of registered members at its centers and branches up to five branches, however, in case the number of branches is more than five, registered members in the head office are transferred to the branches and consist of the delegates elected at the general assemblies of the branches.

 

General Assembly Meeting Schedule:

Ordinary general assembly meeting is held every three years in December upon the call of the executive board. The general assembly is called for an extraordinary meeting by the executive board when deemed necessary by the executive board or upon the written application of one-fifth of the members of the association. If the executive board does not call the general assembly for a meeting, upon the application of one of the members, the justice of the peace assigns three members to call the general assembly for the meeting.

 

3. Call Procedure:

The executive board prepares the list of members who have the right to attend the general assembly according to the association's charter. Members, who have the right to attend the general assembly, are called to the meeting 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 website of the association, by notifying in writing, by sending a message to the e-mail address or contact number notified by the member, or by using regional broadcast media. In this call, if the meeting cannot be held due to the lack of a quorum, the day, time and place of the second meeting is also specified. 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 the lack of quorum, this is announced to the members in accordance with the call procedure for the first meeting, including the reasons for the postponement. The second meeting must be held within six months at the latest from the date of postponement. Members are called back to the second meeting in accordance with the principles specified in the first paragraph. The general assembly meeting cannot be postponed more than once.
 

 

MEETING PLACE, QUORUM, PROCEDURE AND SUBJECTS TO BE DISCUSSED

 

 

Article 8: Meeting place, quorum, procedure and subjects to be discussed are specified below.

 

  1. Meeting Place:

    General Assembly meetings are held in the place where the center of the association is located or in a place fulfilling the need determined and announced by the executive board.

  2. Quorum:

    The general assembly convenes with the attendance of one more than half of the members who have the right to attend the general assembly according to the association's charter. If a majority lacks in the first meeting, a majority is not sought in the second meeting. However, the number of members attending the second meeting cannot be less than twice the total number of members of the executive board and auditing board of the association.

  3. Procedure of Meeting:

    The list of members entitled to attend the general assembly is available at the meeting place. Identity documents issued by the official authorities of the members who will enter the meeting place are checked by the members of the executive board or the officials to be appointed by the executive board. Members enter the meeting place by signing next to their names on the list drawn up by the executive board. Those who do not show their identity document, do not sign the specified list and members who do not have the right to attend the general assembly will not be admitted to the meeting place. These persons and those who are not members of the association can watch the general assembly meeting in a separate section. If the quorum of meeting is achieved, the situation is specified in a minute and the meeting is opened by the chairman of the executive board or one of the board members to be appointed. If the meeting quorum is not achieved, a minute is drawn up by the executive board.

    After the opening, a chairperson and a sufficient number of vice presidents and a secretary are elected to manage the meeting, and a council committee is formed. In the voting to be held for the election of the organs of the association, it is obligatory for the voting members to present their identities to the council committee and sign next to their names on the list. The management and security of the meeting belongs to the president of the council. The general assembly is concluded after the agenda items being discussed and decided. Each member has one right to vote at the general assembly and the member has to vote personally. The subjects discussed and the decisions taken at the meeting are written in a minute and signed by the president of the council and the secretaries. At the end of the meeting, the minutes and other documents are delivered to the president of the executive board. The president of the executive board is responsible for preserving these documents and delivering them to the newly elected executive board within seven days. In case a trustee is appointed by the court or an assignment is made according to the second paragraph of Article 75 of the Civil Code, the duties assigned to the executive board in this article are carried out by these persons. General assembly meetings are held on the day, time and place notified to the members. The members who will attend the general assembly enter the meeting place by signing next to their names on the list prepared by the executive board. If a quorum is achieved, the situation is determined in a minute and the general assembly is opened by the president of the executive board or one of the members of the executive board to be appointed. After the opening of the meeting, a president and two clerks are elected to manage the meeting. The president of executive board is responsible for the management of the meeting. The clerks draw up the minutes of the meeting and sign it together with the president. Each member has one right to vote at the general assembly and the member has to vote personally. Honorary members can attend general assembly meetings but cannot vote. If the legal person is a member, the president of the executive board or the person to be assigned to represent the legal person votes. At the end of the meeting, all minutes and documents are submitted to the executive board.

  4. Subjects to be discussed at the meeting:

    Only the items on the agenda are discussed at the general assembly meeting. However, it is obligatory to include on the agenda the issues that are requested in writing to be discussed by “at least one-tenth” of the members present at the meeting.

 

 

VOTING AND DECISION-MAKING PROCEDURES AND METHODS OF THE GENERAL ASSEMBLY

 

 

Article 10: Unless otherwise decided in the general assembly, open vote is used. In open vote, the method specified by the president of the general assembly is applied. In the case of secret voting, the papers or voting papers sealed by the president are thrown into an empty container after the members have done what is necessary, and the result is determined by making an open counting after the end of the voting. General assembly resolutions are taken by the absolute majority of the members attending the meeting. However, the decisions regarding the executive board, the change of charter and the dissolution of the association can only be taken with the majority of three-fourths of the members attending the meeting.

 

 

DUTIES AND AUTHORITIES OF THE GENERAL ASSEMBLY, QUORUM, PROCEDURES FOR DISFRANCHISEMENT AND NULLITY OF DECISION

 

 

Article 11: The duties and authorities of the general assembly, quorum, the procedures for disfranchisement and nullity of decision are specified below.

 

  1. Duties and Authorities:

    a) To ensure the establishment of the Council Board,

    b) To accept the agenda as it is or together with its amendments,

    c) To ensure that the principal and substitute members of the executive board and auditing boards of the association are elected by secret voting and open classification method,

    d) To release the management and auditing boards by discussing the reports of the executive board and auditing board,

    e) To discuss and decide on the business account summary, debt-credit table and estimated budget prepared by the executive board,

    f) To discuss and decide on the work program prepared by the executive board of the association,

    g) To decide regarding that the association establishes a foundation, joins or leaves the federation,

    h) To make the final decision by negotiating the objections made against the decisions of the executive board on the issues of accepting and expelling members from the association,

    i) To negotiate and decide on the issues of the association's international activities, joining or leaving associations or organizations abroad as a member,

    j) To determine the wages and all kinds of allowances, travel allowances and compensations to be given to the president and members of the association's management and auditing boards who are not public officials, and the daily and travel allowances to be given to the members to be assigned for the services of the association,

    l) To ensure that changes are made in the charter of the association when necessary,

    m) To take the decision to dissolve the Association,

    n) To authorize the executive board to purchase immovable property for the association or to sell, operate or lease the available immovable properties,

    o) To decide to open a branch on behalf of the association.

  2. Quorum: General assembly resolutions are taken by the absolute majority of the members attending the meeting. The decisions regarding the executive board, the change of charter, and the dissolution of the association can be taken with a “two-thirds majority” of the members attending the meeting. The decisions taken by the written participation of all members without coming together and the decisions taken by all the members of the association without complying with the call procedure written in the law are valid. However, the ordinary general assembly is not deemed to have been held with such a decision.

  3. Disfranchisement: No member of the association can vote in the decisions to be taken regarding the legal action or dispute between the association and himself, his spouse, descendants.

  4. Nullity of General Assembly Decision: Every member who is present at the meeting but does not participate in the general assembly resolutions taken in violation of the law and the charter, may request the annulment of the decision within one month from the date of the decision, the members who could not be present at the meeting due to a justified excuse within one month from the date of learning of the decision and in any case within three months from the date of the general assembly by applying to the court. An action for annulment cannot be filed against the decisions of the executive board unless the internal auditing methods are completed.

 

ORGANIZATION, DUTIES AND AUTHORITIES OF THE EXECUTIVE BOARD

 

 

Article 12: The organization, duties and authoritiesof the executive board are specified below.

 

 

1)Organization of Executive Board

The executive board is elected by secret voting by the general assembly for a period of three years from among the members of the association, consisting of five principal and five substitute members. If there is a vacancy in the principal memberships, the substitute members are called to the principal membership by the executive board in the order of votes they received. If the substitute members are appointed to the principal membership, but the executive board consists below half of the total number of members, the remaining members of the executive board or the members of the auditing board call the general assembly for a meeting within one month. In the event that the call is not made, upon the application of one of the members, the Magistrate will hold a hearing and assign three individuals to be selected from among the members of the association to convene the general assembly within a month. The Executive Board may determine the president, general secretary, bookkeeper and accountant members by division of tasks among themselves, or may make other assignments. The meeting and decision quorum of the executive board is absolute majority. The executive board works as a board and the meetings are concluded. A member who does not attend the Executive Board meetings three times in a row without an excuse will be expelled from the Executive Board. The Executive Board may be called for an extraordinary meeting with a written application to the president of the association, by the secretary general and at least three of the members of the executive board due to the absence or excuse of the president except for the ordinary meetings. The members of the Executive Board are notified in advance of the date, time, place and agenda of the meeting.

 

 

2) Duties of Executive Board:

To manage the Association in accordance with the legislation and charter,

To make legal transactions on behalf of the association,

To carry out the preparations for the ordinary and extraordinary general assembly meetings,

To issue the activity report of the executive board of the association,

To prepare the Business Account Summary for the periods and the estimated budget,

To evaluate and respond to the applications made to the association, to inform the members,

To submit objections against the decisions of the executive board to the general assembly,

To prepare the work program and present it to the general assembly,

To register a new member,

To submit the objections of the rejected members to the general assembly for the final decision,

To represent the association or to authorize one or more persons,

In case of vacancies in the members of the executive board, to call the substitute members for duty,

To purchase tools, equipment, consumables and fixtures for the purposes and services of the Association,

To accept all kinds of grants and donations,

To keep association accounts and records, to preserve documents that must be kept,

To call the association to an extraordinary meeting, if deemed necessary,

To decide on the opening of branches, representation offices and the establishment of a platform,

To employ, to dismiss, to open facilities and locales by making a job description,

To ensure the execution of transactions related to opening a branch with the authorization given by the General Assembly,

To open branches with the authorization given by the General Assembly, to inspect the branches,

To discuss disciplinary matters against the members, to request statement from the members, to give disciplinary punishment in the form of warning, reprimand, termination or expulsion of the membership when necessary, as the Disciplinary Board,

To decide on the establishment of Labor Commissions on different subjects,

 

ORGANIZATION AND DUTIES OF AUDITING BOARD

 

Article 13: The organization and duties of auditing board are specified below.

1)Organization:

The auditing board is elected by the general assembly by secret voting for a period of 3 years, consisting of three primary and three substitute members. The auditing board elects a president from among themselves and divides the tasks. The auditing board is authorized to request from the executive board to review all kinds of documents, books and minutes of the association. The executive board is obliged to fulfill this request.

2)Duties:

The Auditing Board audits at least once a year whether the Association operates in accordance with the purpose set forth in its charter and the work to be carried out in order to achieve these purposes, and whether the books, accounts and records are kept in accordance with the law and the association's charter.

The auditing board presents the reports it has prepared as a result of the audits to the executive board and to the general assembly when it convenes. If there is a vacancy from the principal members, it calls substitute members to duty in turn. If it deems necessary, it calls the association to an extraordinary meeting.

 

NOTIFICATION OF THOSE WHO ELECTED FOR BODIES TO THE ADMINISTRATION

 

Article 14: The names and surnames, fathers' names, place and dates of birth, professions and residences of the principal and substitute members elected by the executive board to the management, auditing and other bodies of the association are notified to the civilian authority in a letter within thirty days following the election made by the general assembly.

 

BOOK KEEPING PRINCIPLES AND PROCEDURES OF THE ASSOCIATION AND BOOKS 

 

Article 15:

Book keeping principles;

In the Association, a book is kept on the basis of the operating account, taking into account the articles 31, 32 and 36 of the Regulation on the Associations.

 

Record Procedure;

The books and records of the association are kept in accordance with the procedures and principles specified in Regulation on the Associations..

 

Books;

The following books are kept in the association. The books to be kept on the basis of the operating account and the principles to be followed are as follows:

1-Decision Book: The decisions of the board of directors are written in this book in order of date and number, and the decisions are undersigned by the members attending the meeting.

2-Membership Register Book: Identity information, entry and exit dates of those who become a member of the association are recorded in this book. Yearly contribution paid by members may be recorded in this book.

3- Document Registry Book: Incoming and outgoing documents are recorded in this book with date and sequence number. The original copies of incoming documents and outgoing documents are filed. Incoming or outgoing documents via e-mail are stored by printing out.

4-Business Account Book: Revenues received and expenses incurred by issuing a proof of receipt on behalf of the Association are recorded in this book on a clear and regular basis.

 

 

Certification of Books

The books that are obligatory to be kept in the association (except the General Ledger) are certified by the Provincial Directorate of Civil Society Relations and the notary before they are used. The books is used until all pages are used and the interim certification of the books is not done. However, it is obligatory to re-certify every year in the last month before the year in which the Journal, which is kept on the basis of the balance, will be used.

 

ASSOCIATION’S SOURCE OF INCOME

 

Article 16: The revenues of the association for realizing its purpose and subjects of service are specified below:

Membership fee,

Branch Fee: 50% of the member fees collected by the branches are sent to the central office every six months to cover the general expenses of the association.

Donations and benefits made by real and legal persons voluntarily to the association,

Income to be obtained from all kinds of legal activities,

Income from the assets of the association,

Benefits in the form of in-kind or cash grants, donations and support from public institutions and organizations,

Income from activities such as meetings, shows, fairs, exhibitions, concerts, bazaars, lotteries, balls, entertainment, congresses and conferences organized by the association,

Income from economic enterprises to be established on behalf of the association,

Income from printed publications or webcast on behalf of the association,

Earnings from commercial activities undertaken by the Association in order to provide the income it needs to realize its purpose,

Other incomes.

 

MEMBERSHIP FEE AMOUNTS

 

Article 17: No entrance fee will be charged from individual and legal memberships, and individual members pay a yearly contribution of 100 TL and legal members pay a yearly contribution of 500 TL in January of each following year. Fees are recorded in the membership register book. Fee amounts for the following years are determined by the decision of the general assembly. The general assembly has the authority to determine the fee.

 

INCOME AND EXPENDITURE OF ASSOCIATION

 

Article 18:

Income and expenditure forms

Association incomes are collected with “Proof of Receipt”. In case the income of the association is collected through banks, documents such as bank receipt or account statement shall replace the proof of receipt. The expenditures of the association are made with expenditure forms such as invoice, retail sales receipt, self-employment receipt. However, for the payments of the association within the scope of Article 94 of the Income Tax Law, documents such as note of expenses according to the provisions of the Tax Procedure Law, and the "Expense Voucher" or "Bank Receipt" for the payments that are not included in this scope are used as expenditure documents. Deliveries of free issue goods and services to individuals, institutions or organizations by the association are made with the "In-Kind Benefit Delivery Note". Free issue goods and service deliveries to be made by individuals, institutions or organizations to the association are accepted with an "In-Kind Donation Proof of Receipt".

 

Proof of Receipt

The "Proof of Receipt" to be used in the collection of the income of the association are printed in the printing house with the decision of the executive board. The followings must be performed in accordance with the relevant provisions of the Regulation on the Associations; printing and control of proof of receipt, receiving from printing house, recording in the book, handover between previous and new book keepers and the use of these proof of receipts and the delivery of the collected revenues by the person or persons who will collect income on behalf of the association with the proof of receipt. 

 

Authorization Certificate

The person or persons who will collect income on behalf of the association are determined by the decision of the executive board, including the term of authorization except for the principal members of the executive board. The "Authorization Certificate", which includes the clear identity, signature and photographs of the persons who will collect income, is prepared in two copies by the association and approved by the president of the association's executive board. The principal members of the executive board can collect income without a authorization certificate. The term of the authorization certificates is determined by the executive board as a maximum of one year. Expired authorization certificates are renewed according to the first paragraph. In cases such as the expiration of the authorization certificate or the resignation, death, termination of his job or duty of the person on whose behalf the authorization certificate is issued, it is obligatory to submit the authorization certificates to the executive board of the association within one week. Furthermore, the authority to collect income can be canceled at any time with the decision of the executive board.

 

Retention Period of Income and Expenditure Forms

Proof of receipts, expenditure forms and other documents used by the association are kept for 5 years in accordance with the number and date order in the books in which they are recorded, as being kept for the periods specified in special laws except for the books.

 

SUBMITTING A DECLARATION

Article 19: The "Association Declaration" regarding the activities of the previous year and the results of the income and expense transactions as of the end of the year is filled out by the executive board of the association and submitted to the local authority by the president of the association within the first four months of each calendar year.

 

OBLIGATION TO NOTIFY

Article 20: In case of receiving benefits from abroad, the "Notification of Receiving Benefits from Abroad" form specified in Annex-4 of Article 19 of the Regulation on the Associations is filled out and submitted to the local authority.

 

General Assembly Result Notification

The General Assembly Result Notification and its annexes including the principal and substitute members elected to the executive board and auditing boards and other bodies are submitted to the local authority within thirty days following the ordinary or extraordinary general assembly meetings. The minutes of the general assembly meeting, the previous and new forms of the changed articles of the charter, the final form of the association charter, each page of which is signed by the absolute majority of the members of the executive board, are submitted to the local authority within the period specified in this paragraph in the event that the charter are changed at the general assembly meeting. The following are attached to the general assembly result notification;

1- A copy of the general assembly meeting minutes signed by the president of the council, vice presidents and the secretary,

2- If the charter have been amended, a copy of the new and previous version of the changed articles of the charter and the last form of the association's charter signed by the executive board.

 

Notification of Immovables

The immovables acquired by the association are notified to the local authority by filling out the "Statement of Immovable Property" within thirty days from their registration in the land registry.

 


Notification of Receiving Benefits from Abroad

In case of receiving benefits from abroad, the association fills out the "Notification of Receiving Benefits from Abroad" in two copies and notifies the local authority before receiving benefits. A copy of the decision of the executive board regarding receiving benefits from abroad, the protocol, contract and similar documents issued in this regard, if any, and a copy of the receipt, extra and similar document relating to the account to which the benefits is transferred are also attached to the notification form. It is obligatory to receive financial aids through banks and to fulfill the notification requirement before they are used. 

 

Notification of Changes

"Residence Change Notification" for the change in the place of the association and the changes in the bodies of the association other than in the general assembly meeting, "Notification of Changes in the Bodies of the Association" is filled out and notified to the local authority within thirty days following the change. Changes made in the charter of the association are also notified to the local authority as attached to the general assembly result notification within thirty days following the general assembly meeting where the charter is changed.

 

 

PROCEDURES FOR THE ASSOCIATION INCURRING DEBT, OPENING BRANCHES, REPRESENTATIVES AND ESTABLISHING A PLATFORM, RECEIVING BENEFITS AND COOPERATION

 

1)Procedure for the association incurring debt:

The association may incur debt with the decision of the executive board of if needed in order to realize the purpose of the association and to carry out its activities. This debt may be incurred by purchase of goods and services on credit or in cash. However, this debt cannot be incurred in amounts that cannot be covered by the income sources of the association and in a way that will put the association into difficult position.

2)Establishment of the Branches of the Association:

The association may open branches in places deemed necessary by the decision of the General Assembly. Therefore, the establishment committee of at least three persons authorized by the executive board of the association submits the branch establishment notification and necessary documents specified in the Regulation on the Associations to the highest local authority of the place where the branch will be opened.

3)Duties and Authorities of Branches:

The bodies of branch are general assembly, the executive board and the auditing board. The General Assembly consists of branches of registered members. The executive board is elected by the branch general assembly as five principal and five substitute members, and the auditing board as three principal and three substitute members. Duties and authorities of these bodies and other provisions regarding the association in this charter are also applied in the branch within the framework stipulated by the legislation.

4) Branches' Bodies and Provisions Applicable to Branches:

The bodies of the branch are the general assembly, the executive board and the auditing board. The General Assembly consists of branches of registered members. The executive board is elected by the branch general assembly as five principal and five substitute members, and the sauditing board as three principal and three substitute members. Duties and authorities of these bodies and other provisions regarding the association in this charter are also applied in the branch within the framework stipulated by the legislation.

5) Meeting Schedule of the General Assemblies of the Branches and How to Represent them in the General Assembly of the Central Office:

Branches are obliged to complete the ordinary general assembly meetings at least two months before the general assembly meeting of the central office. The ordinary general assembly of the branches convenes every 3 years in December, on the day, place and time to be determined by the branch executive board. Branches are obliged to notify a copy of the general assembly result notification to the local authority and the central offices of the association within thirty days following the date of the meeting. Branches, up to five branches, have the right to participate in the general assembly of the cental office through the delegates to be elected at the branch general assembly with the direct participation of all members in the general assembly, in case of more than five branches, one (1) for every twenty (20) members registered in the branch, and one among these members if the remaining number of members is more than 10. Delegates elected at the last branch general assembly attend the central office general assembly. Members of the central office' administrative and auditing board participate in the general meeting of the central office, but they cannot vote unless they are elected as a delegate on behalf of the branch. Those who are in charge of the management or auditing board of the branches leave their duties in the branch when they are elected to the central office management or auditing board. Branches cannot open representative offices.

6) Opening Representation and Establishing Platform:

Provincial Representative: In provinces other than the provinces where the central office and branches of the association are located, provincial representatives may be appointed to carry out the activities of the association, by the decision of the executive board, when deemed necessary. The provincial representative is selected from among the members of the Association. The address of the representative is notified to the local authority within 15 days by the person or persons assigned by the decision of the executive board.

Platform: Our association may establish platforms with the decision of the executive board to realize a common purpose with other associations, among themselves or with foundations, unions and similar non-governmental organizations in the fields that are related to its purposes and are not prohibited by law. The platform, which expresses a temporary union, is not legal entity. Our association cannot operate by establishing a platform for the purposes and activities prohibited by the law for associations.

7)Receiving benefits from abroad and cooperation:

Receiving Benefits from Abroad: Our association may receive benefits in kind and in cash from persons, institutions and organizations abroad, provided that the local authority is informed in advance. It is obligatory to receive financial aids through banks.

Cooperation: Our association can carry out joint projects with public institutions and organizations on the subjects under its duties. The provisions of the Law No. 5072 on the Relationship of Associations and Foundations with Public Institutions and Organizations are reserved.

 

INTERNAL AUDITING PROCEDURE

 

Article 22: The internal audit of the association and its branches is carried out by the auditing board. This board audits whether the association operates in accordance with its purpose, whether its income and expenses are made in accordance with the provisions of the charter and legislation, whether the general assembly resolutions are implemented and submits it to the executive board. When the meeting is held, it also submits it to the general assembly.

 

CHARTER CHANGE

 

Article 23: Charter can be changed by the decision of the general assembly. A 2/3 majority of the members who have the right to attend the general assembly is required in order to change the charter in the general assembly. In case the meeting is postponed due to lack of majority, majority is not sought in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the executive board and auditing board. In the general assembly, the changes to the charter is made with open vote.

 

PROCEDURES REGARDING TERMINATION, DISSOLUTION AND LIQUIDATION OF THE ASSOCIATION

 

Article 24: The procedures regarding termination, dissolution and liquidation of the association are specified below.

 

Termination by Decision of the General Assembly: The general assembly of the association can always decide to terminate the association. A 2/3 majority of the members who have the right to attend the general assembly is required in order to discuss the termination issue at the general assembly. In case the meeting is postponed due to lack of majority, majority is not sought in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the executive board and auditing board.



Termination by Court Decision: If the purpose of the association becomes contrary to the law or public morality, the court decides to terminate the association upon the request of the Local Authority or the Public Prosecutor.

 

Spontaneous Dissolution:

Spontaneous dissolution is determined by Magistracy on the written request of Local Authority in cases that the purpose specified in the charter is realized or the realization of the purpose specified in the charter becomes impossible or termination of term, insolvency in paying debt, it becomes impossible to form the executive board in accordance with the charter and the ordinary general assembly meeting cannot be held twice in a row

 

Liquidation of the association:

When the termination decision is made by the general assembly, the liquidation of the money, property and rights of the association is made by the liquidation board, which consists of the last members of the executive board. These transactions start from the date of the general assembly decision regarding the termination or when the automatic termination becomes definite. During the liquidation period, the expression "International Health Tourism Facilities and Intermediary Institutions Association in Liquidation" is used in the name of the association. The liquidation board is in charge and authorized to complete the liquidation of the money, property and rights of the association from beginning to end in accordance with the legislation. This board first reviews the accounts of the association. During the review, the books, proof of receipts, expenditure documents, title deed and bank records and other documents of the association are determined and their assets and liabilities are recorded in a report. During the liquidation process, the creditors of the association are called and their assets, if any, are converted into cash and paid to the creditors. If the association is a creditor, the receivables are collected.

After the collection of receivables and payment of debts, all remaining money, property and rights are transferred to the place determined in the general assembly. If the place to be transferred is not determined in the general assembly, it is transferred to the association closest to its purpose in the province where the association is located and which has the most members on the date of termination. All transactions regarding liquidation are specified in the liquidation report, and liquidation transactions are completed within three months, except for the additional periods given by the local authorities based on a justified reason. Following the completion of the liquidation and transfer procedures of the money, property and rights of the association, this must be notified to the local authority of the place where the central office of the association is located by a letter within seven days, and the liquidation report must be attached to this letter. The last members of the executive board, as the liquidation board, are responsible for keeping the books and documents of the association. This duty can be assigned to a board of member too. These books and records must be kept for five years.

 

Lack of Provision

 

Article 25: The provisions of the Law of Associations, the Turkish Civil Code, the Turkish Commercial Code and Regulation on the Associations issued with reference to these laws and other relevant legislation on associations are applied for matters not specified in this charter, respectively.

 

Provisional Article 1: The temporary members of the executive board who will represent the association and carry out the activities and transactions related to the association until the association bodies are formed in the first general assembly are listed below.   

          

          Temporary Members of Executive Board:

            Name Surname                        Position

            Ä°NAN YAÅžAR TÜRKSOY          President

            RIFAT PEÅžKÄ°RCÄ°OÄžLU            Vice President

            IÅžIN ALTINTAÅž                         General Secretary

            ERDEM SOYDEMÄ°R                 Bookkeeper

            ALÄ° RIZA KOÇ                           Member

            AHMET ÖZGÜR KOLDAÅž        Member

            YALÇIN TÜRKSOY                   Member

 

 

          This charter consists of 14 pages, 25 (twenty-five) articles and 1 (one) temporary article.