CHARTER OF THE RAINBOW ASSOCIATION AGAINST DISCRIMINATION
Name and Center of the Association
Article 1- The name of the association is "Rainbow Association Against Discrimination". Its headquarters is in Ankara. It has no branches.
The Objectives of the Association, the Areas and Forms of Activities to be carried out in order to realize these objectives
Article 2 - The Association, in accordance with Article 10 of the Constitution of the Republic of Turkey, "Everyone is equal before the law without discrimination based on language, race, color, sex, political opinion, philosophical belief, religion, sect and similar reasons. " carries out its activities against discrimination based on gender, sexual orientation, gender identity, gender characteristics and gender expression, works to ensure natural and legal persons meet such standards, and supports efforts in this direction.
Areas of Work to be Carried Out by the Association and Forms of Work
1- To conduct research and publish reports for the activation and development of its activities,
2-To organize training activities such as courses, seminars, conferences and panels,
3-To provide all kinds of information, documents, documents and publications necessary for the realization of its purpose, to create a documentation center, to publish publications such as newspapers, magazines, books and bulletins in line with its objectives in order to announce its activities,
4- To carry out fundraising activities and accept donations and aid from within and outside the country provided that the necessary permissions are obtained,
5- To establish and operate economic, commercial and industrial enterprises in order to provide the revenues needed for the realization of the purpose of the Charter,
6- To organize dinner meetings, concerts, balls, theaters, exhibitions, sports, excursions and festive events, etc. in order to develop and maintain social relations among its members or to ensure that its members benefit from such events,
7-To purchase, sell, rent, lease, lease and establish real rights on immovable and immovable property needed for the activities of the Association,
8- If deemed necessary for the realization of the purpose, to establish foundations in Turkey and abroad, to establish a federation or to join an established federation, to establish facilities where associations can be established by obtaining the necessary permission,
9-To engage in international activities, to become a member of associations or organizations abroad and to cooperate or cooperate with these organizations,
10 - If deemed necessary for the realization of the purpose, to carry out joint projects with public institutions and organizations on issues within their fields of duty, without prejudice to the provisions of the Law No. 5072 on the Relations of Associations and Foundations with Public Institutions and Organizations,
11-To make in-kind or cash aids or donations to real or legal persons in accordance with its purpose,
12-To establish representative offices wherever deemed necessary,
13-To create platforms to realize a common goal with other associations or foundations, trade unions and similar non-governmental organizations in areas that are related to the purpose of the association and are not prohibited by law,
The Field of Activity of the Association
The Association operates in the social field in Turkey and abroad.
The Right to Become a Member and Membership Procedures
Article 3- Every natural and legal person who has the capacity to act and who adopts the aims and principles of the association and agrees to work in this direction and fulfills the conditions stipulated by the Legislation has the right to become a member of this association. However, foreign natural persons must also have the right to reside in Turkey in order to become a member. This condition is not sought for honorary membership.
The membership application shall be made in a written form to the Association Presidency and the Board of Directors shall review the application within maximum thirty days and the result shall be notified to the applicant through a written notification. The approved member shall be recorded in the book to be kept for this purpose.
The main members of the association are the founders of the association and the persons who are accepted as members by the board of directors upon their application.
Those who have provided significant financial and moral support to the Association may be accepted as honorary members upon the decision of the Board of Directors.
Withdrawal from Membership
Article 4- Every member has the right to withdraw from the association provided that they so notify such request in written form.
As soon as the member's request is received by the board of directors, the withdrawal procedures shall be deemed finalized. Withdrawal from membership does not terminate the member's accumulated debts to the association.
Expulsion from Membership
Article 5-Conditions requiring expulsion from the membership of the Association.
1-Behaving in a manner that violates the association's bylaws,
2- Continuous evasion of assigned tasks,
3-Failure to pay the membership fee within six months despite written warnings,
4-Failing to comply with the decisions taken by the organs of the association,
5 - Becoming no longer eligible for membership,
6- Discriminating or making discriminatory statements,
In the event of one of the above-mentioned states being detected, the member shall be dismissed from membership upon the decision of the Board of Directors.
Those who leave or are expelled from the association are removed from the member registry and cannot claim any rights on the assets of the association.
Organs of the Association
Article 6 - The organs of the association are shown below.
1-General Assembly,
2-Board of Directors,
3-Supervisory board,
How the General Assembly of the Association is Formed, Time of Meeting, Call and Meeting Procedures
Article 7- The general assembly is the most authorized decision-making body of the association and consists of the members registered to the association. The general assembly shall;
1- Be called for an ordinary meeting at the time specified in these bylaws,
2- Be called for an extra-ordinary meeting by the board of directors in cases deemed necessary by the board of directors or the supervisory board or upon the written application of one fifth of the members of the association. If the board of directors fails to convene the general assembly, upon the application of one of the members, the magistrate judge shall appoint three members to convene the general assembly.
The Ordinary General Assembly shall convene every three years in May, on the day, place and time to be determined by the Board of Directors.
Procedure for Call*
The board of directors shall prepare the list of members who have the right to attend the general assembly according to the association's bylaws. The members who have the right to participate in the general assembly shall be notified of the meeting at least fifteen days in advance through the announcement of the date, time, place and agenda of the meeting in at least one newspaper or on the website of the association, by written notification or by sending a message to the e-mail address or the contact number provided by the member or by using local broadcasting tools. If the meeting cannot be held due to lack of majority, the day, time and place of the second meeting shall also be stated in this call. 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 absence of a quorum, this shall be announced to the members in accordance with the call procedure for the first meeting, specifying the reasons for the postponement. The second meeting must be held within six months at the latest from the date of postponement. The members shall be recalled to the second meeting according to the principles specified in the first paragraph.
The general assembly meeting cannot be postponed more than once.
Procedure for Meeting
The General Assembly convenes with the participation of the absolute majority of the members entitled to attend. In cases of amendment of the bylaws and dissolution of the association, it convenes with the participation of two thirds of the members. In case the meeting is postponed due to the lack of a quorum, the 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 boards of directors and supervisory boards.
The list of members who have the right to attend the General Assembly shall be made available at the meeting place. The identity documents issued by the official authorities of the members who will attend the meeting place shall be checked by the members of the board of directors or the officers to be assigned by the board of directors. The members enter the meeting place by signing against their names in the list issued by the board of directors.
If the quorum is met, the matter shall be recorded in minutes and the meeting shall be declared open by the chairman of the board of directors or one of the members of the board of directors to be assigned by the chairman of the board of directors. In case the quorum is not met, a minutes shall be prepared by the board of directors.
After the opening, a council committee is formed by electing a chairperson and enough deputy chairpersons and clerks to conduct the meeting.
It is compulsory for the voting members to show their identity cards to the council committee and sign against their names in the list of attendance when voting for the election of the organs of the Association.
Ensuring the management and security of the meeting belongs to the chairman of the council.
Only the items on the agenda shall be discussed in the general assembly. However, it is obligatory to include the written requests of one tenth of the members present at the meeting as issues to be discussed in the agenda.
Each member has one vote in the general assembly and the member must cast their vote in person. Honorary members may attend the general assembly meetings but cannot vote. In case a legal entity is a member, the chairperson of the board or a representative appointed by the chairperson of the board of directors of the legal entity shall vote.
The matters discussed and decisions taken at the meeting shall be recorded in minutes and signed by the chairperson of the council and the clerks together. At the end of the meeting, the minutes and other documents shall be delivered to the chairperson of the board of directors. These documents shall be protected by the chairperson of the board of directors and handed over to the newly elected board of directors within seven days.
Voting and Decision Making Procedures and Forms of the General Assembly
Article 8- In the General Assembly, unless decided otherwise, open ballots shall be held. In open balloting, the method specified by the chairman of the general assembly shall be applied.
In the case of secret balloting, the papers or ballot papers sealed by the chairman of the meeting shall be cast by the members into an empty container and the result shall be finalized by open casting after the end of voting.
The decisions of the General Assembly shall be taken by an absolute majority of the members attending the meeting. However, decisions on amendments to the bylaws and dissolution of the association can only be taken by a two-thirds majority of the members attending the meeting.
Decisions taken without a meeting or without a call
Decisions taken with the written participation of all members not meeting in person, and decisions taken by all members of the association meeting in person regardless of the call procedure written in these bylaws shall be valid. Decisions taken in such ways do not pass as an ordinary meeting.
Duties and Authorities of the General Assembly
Article 9 - The following matters shall be discussed and resolved by the General Assembly.
1- The election of the organs of the association,
2-Changing the bylaws of the association,
3-Discussion of the reports of the Board of Directors and Audit Committee and release of the Board of Directors,
4- Discussing the estimated budget prepared by the Board of Directors and accepting it as is or with amendments,
5- Authorizing the Board of Directors to purchase the immovable properties required for the Association or to sell the existing immovable properties,
6-Reviewing the directives to be prepared by the Board of Directors regarding the activities of the Association and approving them as they are or with amendments,
7-Determining the amount of remuneration and all kinds of allowances, travel and compensation to be paid to the non-public officer chairpersons and members of the boards of directors and supervisory boards of the association and the amount of per diem and travel allowances to be paid to the members to be assigned for the services of the association,
8-Determining whether the association will join or leave the federation,
9-Deciding on whether the association engages in international activities, joins or leaves associations and organizations abroad as a member,
10-Establishing a foundation,
11-Dissolution of the association,
12-Examining and deciding on other proposals of the Board of Directors,
13-Fulfillment of other duties specified by the General Assembly in the legislation,
The General Assembly shall supervise the other organs of the Association and may dismiss them at any time for a just cause.
The General Assembly makes the final decision on admission to and expulsion from membership. As the most authorized body of the Association, it performs the duties and exercises the powers not delegated to any other body of the Association.
Composition, Duties and Authorities of the Board of Directors
Article 10 - The board of directors shall be elected by the general assembly as five principal and five substitute members.
In its first meeting after the election, the board of directors determines the chairman, vice-chairman, secretary, treasurer and member by dividing the duties with a decision.
In the event of a vacancy in the original membership of the board of directors due to resignation or other reasons, it is obligatory to call the substitute members to duty according to the order of the majority of votes received in the general assembly.
Duties and Authorities of the Board of Directors
The board of directors fulfills the following duties.
1- Representing the Association or authorizing one or more of its members or professionals to be employed for this purpose,
2- Carrying out transactions related to income and expense accounts and preparing the budget for the next period and presenting it to the general assembly,
3-Preparing the regulations related to the work of the association and submitting them to the approval of the general assembly
4-Purchasing immovable property with the authority granted by the general assembly, selling movable and immovable property belonging to the association, constructing buildings or facilities, making rental contracts, establishing pledges, mortgages or real rights in favor of the association,
5-Ensuring the opening of representative offices where deemed necessary
6-Implementing the decisions taken in the general assembly,
7- Organizing the operating account statement or balance sheet and income statement of the association at the end of each activity year and the report explaining the work of the board of directors, and presenting it to the general assembly,
8- Ensuring the implementation of the budget,
9-Deciding on the issues of membership or dismissal from membership.
10-Taking and implement all kinds of decisions to realize the purpose of the Association,
11-Doing other duties and exercising authorizations assigned to them by the legislation,
Organization, Duties and Authorities of the Supervisory Board
Article 11 - Three original and three substitute members are elected by the General Assembly as the supervisory board.
In the event of a vacancy in the original membership of the supervisory board due to a resignation or other reasons, it is obligatory to call the substitute members to duty according to the order of the majority of votes received in the general assembly.
Duties and Authorities of the Supervisory Board
The supervisory board audits whether the association operates in line with the purpose and the fields of activity specified to be carried out for the fulfillment of its purpose shown in its bylaws, whether the books, accounts and records are kept in accordance with the legislation and the bylaws of the association, according to the principles and procedures determined in the bylaws of the association and at intervals not exceeding one year, and submits the results of the audit in a report to the board of directors and to the general assembly when they convene.
The supervisory board may request the general assembly to convene when necessary.
Sources of Income of the Association
Article 12 - The sources of income of the Association are listed below.
1- Membership Dues: Members are charged an entrance fee of 5 TL and an annual fee of 10 TL. The general assembly is authorized to increase or decrease these amounts.
2-Donations and aids made by natural and legal persons to the association voluntarily.
3-Revenue from activities such as tea and dinner meetings, trips and entertainment, representation, concerts, sports competitions and conferences organized by the Association,
4-Revenue from the assets of the association,
5-Donations and aids to be collected in accordance with the legislation provisions on aid collection.
6-Earnings derived from commercial activities undertaken by the association in order to provide the income it needs to realize its purpose.
7-Other sources of income.
Bookkeeping Principles and Procedures of the Association and Books to be kept *
Article 13-Bookkeeping principles;
In the association, books are kept on the basis of business account. However, if the annual gross income exceeds the limit specified in Article 31 of the Regulation on Associations, books are kept on the balance sheet basis starting from the subsequent accounting period.
In the event of switching to the balance sheet basis, if it falls below the above-mentioned limit in two consecutive accounting periods, it may return to the operating account basis starting from the following year.
Notwithstanding the above-mentioned limit, books may be kept on the balance sheet basis with the decision of the Board of Directors.
In the event that the Association opens a commercial enterprise, books shall also be kept for this commercial enterprise in accordance with the provisions of the Tax Procedure Law.
Recording Procedure
The books and records of the Association shall be kept in accordance with the procedures and principles specified in the Regulation on Associations. Books and documents may be kept electronically or in DERBIS environment if the legislation on associations allows.
Books to be kept
The Association shall keep the following books.
a) The books to be kept on the basis of business account and the principles to be followed are as follows:
1-Decision Book: The decisions of the Board of Directors shall be written in this book respectively in date and number order and the decisions shall be signed by the members attending the meeting.
2-Member Registration Book: The identity information of those who join the association as members, their entry and exit dates are recorded in this book. The amount of entry fees and annual dues paid by the members can be recorded in this book.
3-Document Record Book: Incoming and outgoing documents are recorded in this book by date and sequence number. Originals of incoming documents and copies of outgoing documents are filed. Documents received or sent via electronic mail are kept as printouts.
4-Operating Account Book: Revenues received and expenses made on behalf of the Association are recorded with a clear and orderly manner in this book.
5-Document of Receipt Record Book: The serial and sequence numbers of the receipt documents, the names, surnames and signatures of those who receive and return these documents, and the dates of receipt and return are recorded in this book. Keeping this book is not compulsory.
b) The books to be kept on the balance sheet basis and the principles to be followed are as follows:
1- The books registered in subparagraphs 1, 2 and 3 of subparagraph (a) are also kept if the books are kept on the balance sheet basis.
2- Journal Book and Ledger: The method of keeping and recording these books shall be carried out in accordance with the principles of the Tax Procedure Law and the Accounting System Implementation General Communiqués published pursuant to the authorization given to the Ministry of Finance by this Law.
Certification of Books
The books to be kept in the association (except the Ledger) shall be certified by the Provincial Directorate of Civil Society Relations or a notary public before each book is used. These books are used until the pages are finished and the books are not subject to interim certification. However, the Journal Book, which is kept on a balance sheet basis, must be re-certified every year in the final month preceding the year in which it will be used.
Preparation of Income Statement and Balance Sheet
In the event of bookkeeping on an operating account basis, a "Statement of Operating Account" (specified in Annex-16 of the Regulation on Associations) is prepared at the end of the year (December 31). In the event of bookkeeping on the balance sheet basis, a balance sheet and income statement are prepared at the end of the year (December 31) based on the Accounting System Implementation General Communiqués published by the Ministry of Finance.
Income and Expenditure Transactions of the Association*
Article 14-Income and expense documents;
The revenues of the Association shall be collected with a "Receipt Certificate" (a sample of which can be found in Annex 17 of the Regulation on Associations). In the event that the income of the Association is collected through banks, documents such as receipts or account statements issued by the bank replace the receipt.
Expenses of the association are made with expenditure documents such as invoices, retail sales receipts, self-employment receipts. However, for the payments of the association within the scope of Article 94 of the Income Tax Law, an expense voucher in accordance with the provisions of the Tax Procedure Law, and for payments that are not within this scope, documents such as "Expense Receipt" or "Bank Receipt" (an example of which can be found in Annex-13 of the Regulation on Associations) are used as expenditure documents.
Free goods and service deliveries to be made by the association to individuals, institutions or organizations are made with the "In-Kind Aid Delivery Certificate" (an example of which can be found in Annex-14 of the Regulation on Associations). The free goods and service deliveries to be made by individuals, institutions or organizations to the association are received with the "In-Kind Donation Receipt Certificate" (an example of which can be found in Annex-15 of the Regulation on Associations).
These documents shall be printed in the form and size shown in Annex-13, Annex-14 and Annex-15, in binders consisting of fifty original and fifty stub sheets, bearing consecutive serial and sequence numbers, self-carbonized, or in the shape of forms or continuous forms to be printed through electronic systems and writing machines. The documents to be printed in form or continuous form must be of the specified quality.
Certificates of Receipt
"Certificates of Receipt" (in the format and size shown in Annex 17 of the Regulation on Associations) to be used in the collection of the income of the association are printed by the decision of the board of directors.
The relevant provisions of the Regulation on Associations shall apply to the printing and control of the certificates of receipt, the receipt from the printing house, the recording in the book, the handover between the old and new treasurers and the use of these certificates of receipt by the person or persons who will collect income on behalf of the association and the delivery of the collected income.
Authorization Certificate
The person or persons who will collect income on behalf of the association, excluding the actual members of the board of directors, shall be determined by the decision of the board with period of authorization being specified. The "Authorization Certificate" (in Annex-19 of the Regulation on Associations) containing the clear identity, signature and photographs of the persons who will collect income is issued in duplicate by the association and approved by the chairman of the board of directors of the association. The main members of the board of directors may collect income without an authorization certificate.
The duration of the authorization certificates is determined by the board of directors as one year at most. 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 employment or dismissal of the person in whose name the authorization certificate is issued, it is obligatory to deliver the authorization certificates issued to the board of directors of the association within one week. In addition, the authorization to collect income can be revoked at any time by the decision of the board of directors."
Retention Period of Income and Expense Documents;
Except for the books, the receipt documents, expenditure documents and other documents used by the association shall be kept for 5 years in accordance with the number and date order in the books in which they are recorded, without prejudice to the periods specified in special laws.
These documents can be produced and used electronically or in the DERBIS system if permitted by the legislation on associations.
Making a Declaration*
Article 15-The "Association Declaration" (in Annex-21 of the Regulation on Associations) regarding the activities of the association for the previous year and the results of the income and expenditure transactions as of the end of the year is filled in by the board of directors of the association and submitted to the local administrative authority by the president of the association within the first four months of each calendar year.
Notification Obligation *
Article 16-Notifications to be made to the local authority;
General Assembly Result Notification
Within thirty days following the ordinary or extraordinary general assembly meetings, the General Assembly Result Notification (in Annex-3 of the Regulation on Associations) containing the original and substitute members elected to the boards of directors and supervisory boards and other organs shall be submitted to the local administrative authority. In the event that the bylaws are amended at the general assembly meeting, the minutes of the general assembly meeting, the old and new versions of the amended articles of the bylaws, the final version of the bylaws of the association, each page of which is signed by the absolute majority of the members of the board of directors shall be submitted to the local administrative authority within the period specified in this paragraph and in the attachment of a letter.
Notification of Immovables
The immovable properties acquired by the Association shall be notified to the local administrative authority by filling out the "Immovable Property Notification" (presented in Annex-26 of the Regulation on Associations) within thirty days of registration to the title deed.
Notification of Receiving Aid from Abroad
In the event that the Association is to receive aid from abroad, the "Notification of Receiving Aid from Abroad" (specified in Annex-4 of the Regulation on Associations) is filled out and the local administrative authority is notified before the aid is received.
Cash aids must be received through banks and the notification requirement must be fulfilled before they are used.
Notification of Changes
Changes in the location of the association shall be notified to the local administrative authority within thirty days following the change by filling in the "Notification of Change in Location" (specified in Annex-24 of the Regulation on Associations); changes in the organs of the association outside the general assembly meeting shall be notified to the local administrative authority within thirty days following the change by filling in the "Notification of Change in the Organs of the Association" (specified in Annex-25 of the Regulation on Associations).
Amendments to the bylaws of the association shall also be notified to the local administrative authority within thirty days following the general assembly meeting where the bylaw amendment is made, in the annex of the general assembly result notification.
Opening a Representative Office
Article 17-The Association may open a representative office with the decision of the board of directors in order to carry out the activities of the Association wherever it deems necessary. The address of the representative office shall be notified in a written statement to the local administrative authority by the person or persons appointed as representative by the decision of the board of directors. The representative office is not represented in the general assembly of the association.
Internal Audit of the Association
Article 18-Internal audit may be conducted by the general assembly, the board of directors or the supervisory board in the association, or independent audit institutions may be commissioned to conduct an audit. The fact that an audit has been carried out by the general assembly, the board of directors or independent audit institutions does not release the board of auditors from its obligation.
The board of auditors shall audit the association at least once a year. The general assembly or the board of directors may conduct audits or have independent audit organizations conduct audits when deemed necessary.
Borrowing Procedures of the Association
Article 19 - In order to achieve its purpose and carry out its activities, the Association may borrow money with the decision of the Board of Directors if needed. This financing can be made in cash as well as in the purchase of goods and services on credit. However, such borrowings cannot be made in amounts that cannot be covered by the income sources of the association and cannot be of a nature that will put the association into insolvency.
How to Amend the Charter
Article 20 - Amendment of the bylaws can be made with the decision of the general assembly.
In order to amend the bylaws in the general assembly, 2/3 majority of the members who have the right to participate in the general assembly is sought. In the event that the meeting is postponed due to lack of quorum, the 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 boards of directors and supervisory boards.
The decision making majority required for the amendment of the bylaws is 2/3 of the votes of the members who attend the meeting and have the right to vote. Voting on the amendment of the bylaws in the general assembly shall be open.
Dissolution of the Association and Liquidation of Assets
Article 21 - The general assembly may at any time decide to dissolve the association.
In order for the dissolution to be discussed in the general assembly, 2/3 majority of the members who have the right to participate in the general assembly is required. In case the meeting is postponed due to lack of majority, the 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 boards of directors and supervisory boards.
The majority required for the dissolution decision to be taken is 2/3 of the votes of the members who attend the meeting and have the right to vote. Voting on the dissolution resolution in the general assembly shall be open.
Liquidation Procedures
When the general assembly decides on dissolution, the liquidation of the money, property and rights of the association shall be carried out by the liquidation board consisting of the members of the last board of directors. These procedures shall commence as of the date of the decision of the general assembly regarding dissolution or the date of finalization of spontaneous termination. During the liquidation period, the phrase "Rainbow Association Against Discrimination in Liquidation" shall be used in the name of the association in all transactions.
The liquidation board is responsible and authorized to complete the liquidation of the money, property and rights of the association from the beginning to the end in accordance with the legislation. This board first examines the accounts of the association. During the examination, the books, receipt documents, expenditure documents, title deed and bank records and other documents of the association are determined and their assets and liabilities are recorded in minutes. During the liquidation procedures, a call is made to the creditors of the association and the assets, if any, are converted into money and paid to the creditors. If the association has creditors, the receivables are collected. All money, property and rights remaining after the collection of receivables and payment of debts are transferred to the place determined in the general assembly. If the place to be transferred is not determined in the general assembly, it shall be transferred to the association closest to the purpose of the association in the province where the association is located and which has the highest number of members on the date of termination.
All transactions related to the liquidation shall be shown in the liquidation minutes and the liquidation procedures shall be completed within three months, except for the additional periods granted by the local administrative authorities based on a justified reason.
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 place where the headquarters of the association is located with a letter within seven days and the liquidation report must be attached to this letter.
The last members of the board of directors as the liquidation board are responsible for keeping the books and documents of the association. This duty may also be assigned to a member of the board of directors. The retention period of these books and documents is five years.
Lack of Provision
Article 22 - The provisions of the Law on Associations, the Turkish Civil Code and the Regulation on Associations issued by reference to these Laws and the provisions of other relevant legislation on associations shall apply to matters not specified in this Statute.