NAME OF THE ASSOCIATION:
Article 1 – The name of the Association is HUKUKÎ ARAŞTIRMALAR DERNEĞİ. The short name of the Association is HUDER.
HEAD OFFICE AND BRANCHES OF THE ASSOCIATION:
Article 2- The head office of the Association is Ankara. The Association may open branches in places it deems appropriate. Branches are opened by a decision of the General Assembly. The powers and activities of branches shall be regulated by a regulation.
OBJECTIVE AND ACTIVITIES OF THE ASSOCIATION:
Article 3- In order to ensure mutual aid and solidarity in the social and professional spheres among its members who are graduates of law faculties or vocational schools of justice, to enhance their professional knowledge, traditions and culture, and to establish a sound and stable legal order, the Association shall;
ı) publish the results of research, surveys, studies and all kinds of work through books, journals and similar publications to be printed or otherwise reproduced in Turkish and foreign languages as appropriate, and issue periodical and non-periodical publications; and continue these activities through digital publishing as well.
ö) To achieve results in line with its objectives and activities, HUDER may establish and operate commercial enterprises, companies, foundations, cooperatives and publishing houses. It may buy and sell services for projects it has undertaken due to its legal relationships with public and private enterprises.
MEMBERSHIP, ADMISSION TO MEMBERSHIP, TERMINATION OF MEMBERSHIP, RIGHTS OF MEMBERS:
Article 4- Every natural and legal person who has completed 18 years of age, has the capacity to act and has no legal obstacle to becoming an association member may apply for membership in the Association.
ADMISSION TO MEMBERSHIP:
Article 5- The request to become a member of the Association shall be submitted to the presidency of the Association. The Board of Directors of the Association is obligated to decide upon membership applications within thirty days at most, either by acceptance or rejection, and to notify the applicant of the result.
TERMINATION OF MEMBERSHIP:
Article 6- Membership in the Association terminates by resignation or expulsion from membership. Members may resign from membership at any time, provided that they give written notice. If persons who resign or are expelled from membership have unpaid dues for the period of their membership, the Board of Directors is obligated to pursue and collect them.
In the event that the situations specified in the relevant article of the Law on Associations are determined, the membership registration shall be cancelled by the Board of Directors of the Association. In addition;
RIGHTS OF MEMBERS:
Article 7- No one may be compelled to become a member of the Association or to remain a member of the Association; every member has the right to resign. Members of the Association have equal rights. Every member has one vote in the General Assembly. The member must exercise their right in person. Honorary Members may pay dues if they so wish. Honorary Members do not have the right to vote. Persons expelled from membership pursuant to Article 7 may apply to the General Assembly of the Association and request a re-examination of the decision.
ORGANS, DUTIES AND POWERS OF THE ASSOCIATION
ORGANS OF THE ASSOCIATION:
Article 8- The Association consists of
GENERAL ASSEMBLY OF THE ASSOCIATION AND ITS CONVENING:
Article 9- The General Assembly is the highest authorised organ of the Association and convenes ordinarily or extraordinarily. Ordinary General Assembly meetings are held every two years in May upon the call of the Board of Directors. Extraordinary General Assembly meetings shall be convened upon the written request of the Board of Directors, the Board of Auditors, or one-fifth of all members of the Association; if the Board of Directors does not call the General Assembly to convene within one month, the Board of Auditors or one of the members requesting the meeting may request the local civil court of peace to convene the meeting.
PROCEDURE FOR CONVENING THE GENERAL ASSEMBLY:
Article 10- The Board of Directors draws up the list of members entitled to attend the General Assembly in accordance with the Association's Statute. Members entitled to attend the General Assembly shall be called to the meeting at least fifteen days in advance by announcing the date, time, place and agenda of the meeting in at least one newspaper or on the website of the Association, by giving written notice, by sending a message to the electronic mail address or contact number specified by the member, or by using local broadcasting tools. In this call, if the meeting cannot be held due to failure to achieve a quorum, the date, time and place of the second meeting shall also be specified. The period between the first meeting and the second meeting cannot be less than seven days nor more than sixty days.
If the meeting is postponed for any reason other than failure to achieve a quorum, this situation 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. Members shall be re-invited to the second meeting in accordance with the principles set out in the first paragraph.
A General Assembly meeting cannot be postponed more than once.
MEETING PLACE AND QUORUM FOR MEETING:
Article 11- General Assembly meetings may also be held outside the city where the head office of the Association is located, provided that advance notice is given. The General Assembly shall convene with the participation of half plus one of the members entitled to attend the General Assembly according to the Statute. If the agenda includes an item regarding an amendment to the Statute or the dissolution of the Association, it shall convene with the participation of two-thirds of the members. If a quorum is not achieved at the first meeting, a majority shall not be required at the second meeting. However, in this case, the number of members attending the meeting cannot be less than twice the total membership of the Board of Directors and Board of Auditors combined.
CONDUCT OF THE MEETING:
Article 12- The list of members entitled to attend the General Assembly shall be kept present at the meeting venue. Identity documents issued by official authorities of members entering the meeting venue shall be checked by members of the Board of Directors or officers designated by the Board of Directors. Members enter the meeting venue by signing next to their names on the list prepared by the Board of Directors.
If the meeting quorum is achieved, the situation shall be recorded in a minute, and the meeting shall be opened by the president of the Board of Directors or by a member of the Board of Directors designated by the president. If the meeting quorum cannot be achieved, a minute shall also be drawn up by the Board of Directors.
After the opening, a presiding board shall be formed by electing a chairman, a sufficient number of deputy chairmen and secretaries to manage the meeting.
In votes to be held for the election of the Association's organs, voting members are obligated to show their identity documents to the presiding board and sign next to their names on the attendance list.
The management and security of the meeting belong to the chairman of the presiding board.
At the General Assembly, only items included in the agenda shall be discussed. However, subjects requested in writing to be discussed by one-tenth of the members present at the meeting must be included in the agenda.
Each member has one vote at the General Assembly; the member must exercise their vote in person. Honorary Members may attend General Assembly meetings but cannot vote. In the event that a legal person is a member, the chairman of the board of directors of the legal person or the person designated thereby to represent it shall vote.
Subjects discussed and decisions taken at the meeting shall be recorded in minutes and signed jointly by the chairman of the presiding board and the secretaries. At the end of the meeting, the minutes and other documents shall be delivered to the president of the Board of Directors. The president of the Board of Directors is responsible for the protection of these documents and for delivering them to the newly elected Board of Directors within seven days.
DUTIES AND POWERS OF THE GENERAL ASSEMBLY:
Article 13- The duties and powers of the General Assembly of the Association are as follows.
CONSTITUTION OF THE BOARD OF DIRECTORS:
Article 14- The Board of Directors consists of 13 principal members and 13 alternate members elected by the General Assembly. In the event of vacancies in membership, alternate members shall be called to duty in sequence.
If the number of members of the Board of Directors falls below half of its full complement even after bringing in alternate members, the General Assembly shall be called to convene by the Board of Directors or Board of Auditors. In the event that the call cannot be made, one of the Association members may request the local civil court of peace to ensure the convening of the General Assembly.
DIVISION OF DUTIES OF THE BOARD OF DIRECTORS:
Article 15- The Board of Directors distributes duties among its members at its first meeting. The President represents the Association. He/she manages the affairs of the Association in accordance with the provisions of the Statute and the decisions of the General Assembly and Board of Directors. He/she presides over meetings. A Vice President designated by the President shall act on behalf of the President in the absence of the President. The duties of the Vice Presidents shall be determined at the first meeting of the Board of Directors. If deemed necessary, the Board of Directors may create new Vice President positions. The Treasurer manages the accounting and financial affairs of the Association. The Secretary General ensures that the Association records are properly maintained. He/she conducts correspondence and performs other duties assigned by the President.
Article 16- The duties and powers of the Board of Directors are as follows.
BOARD OF AUDITORS AND ITS DUTIES:
Article 17- The Board of Auditors consists of three principal members and three alternate members elected by secret ballot by the General Assembly. It performs the following duties.
BOARD OF HONOUR:
Article 18- The Board of Honour consists of persons to be elected by the Board of Directors and ex officio members. Ex officio members are those who have previously served as President of the Association. However, persons against whom a decision of expulsion from Association membership has been rendered cannot be members of the Board of Honour.
ADVISORY COUNCIL:
Article 19- The Advisory Council consists of individuals determined by the Board of Directors and sub-commissions to be formed from these individuals.
DISCIPLINARY BOARD:
Article 20- The Disciplinary Board consists of three principal members and three alternate members elected by secret ballot by the General Assembly. The Disciplinary Board shall complete the investigation concerning Association members referred to it by the Board of Directors within 30 days and render its decision. The Board may designate one of its members to conduct the investigation. Appeals against decisions of the Disciplinary Board may be lodged with the General Assembly by the interested parties.
YOUTH COUNCIL:
Article 21- The Youth Council consists of person/persons determined by the Board of Directors and, where necessary, sub-commissions to be formed from these persons, as well as provincial and district organisations.
NOTIFICATION OF ELECTED PERSONS TO THE ADMINISTRATION:
Article 22- Within thirty days following the election held by the General Assembly, the principal and alternate members elected to the board of directors, board of auditors and disciplinary board shall be notified by the president to the highest local administrative authority of the locality with their names, surnames, fathers' names, places and dates of birth, professions and residences.
BOOKS AND RECORDS TO BE KEPT BY THE ASSOCIATION:
Article 23- The books and records to be kept by the Association are as follows.
1- Minute Book: Decisions of the Board of Directors are written in this book in chronological and numerical order, and decisions are signed by the members participating in the meeting.
2- Member Register: Identity information of persons entering as members of the Association, and their entry and exit dates are recorded in this book. Entrance fees and annual dues paid by members may also be recorded in this book.
3- Document Register: Incoming and outgoing documents are recorded in this book with date and serial number. Originals of incoming documents and copies of outgoing documents are filed. Documents received or sent via electronic mail are retained by taking printouts.
4- Operating Account Ledger: Revenues collected and expenses incurred on behalf of the Association are recorded in this ledger clearly and systematically.
5- Receipt Certificate Register: Serial and sequence numbers of receipt certificates, the names, surnames and signatures of those receiving and returning these documents, and the dates they received and returned them are recorded in this book.
6- Fixtures Ledger: The acquisition date and manner of fixtures belonging to the Association, the places where they are used or allocated, and the write-offs of those that have expired their useful life are recorded in this ledger.
Keeping the Receipt Certificate Register and the Fixtures Ledger is not compulsory. Books mandatory to be kept in the Association are certified by the Provincial Directorate of Associations or a notary public before starting to use them.
The books and records of the Association shall be kept in accordance with the procedures and principles specified in the Regulation on Associations.
ESTABLISHMENT AND POWERS OF BRANCHES
ESTABLISHMENT OF BRANCHES:
Article 24- The Association may open branches in every province and district. For this purpose, a written application may be submitted to the highest local administrative authority of the place where the branch will be opened by at least three persons authorised by the Board of Directors of the Association. Founders of the branch must have been resident in the place where the branch will be opened for at least six months.
ORGANS OF BRANCHES:
Article 25- Branches shall have a general assembly, a board of directors, and a board of auditors. In addition, other boards may also be formed by branches, with the exception of the advisory council which can be formed by the head office. Branches may propose advisory council members to the Board of Directors of the Head Office. These boards exercise all powers assigned to the general assembly, board of directors and board of auditors of the head office within their provincial and district borders, except for special powers granted to the boards of the head office.
The branch board of directors consists of 5 principal members and 5 alternate members elected by secret ballot by the Branch General Assembly. In the event of vacancies among the principal members, alternate members shall be called to duty in sequence.
The branch shall have a president, a vice president, a treasurer and a secretary.
The board of auditors consists of 3 principal members and 3 alternate members.
REPRESENTATION OF BRANCHES AT THE GENERAL ASSEMBLY:
Article 26- Branches are represented by at least five members at the meetings of the General Assembly of the Head Office. Member election is made at the branch General Assembly from among its own members. Branches must complete their General Assemblies at least two months prior to the meeting of the General Assembly of the Head Office.
FINANCIAL MATTERS:
Article 27- Financial matters cover the revenues of the Association, assistance to be provided to the Association and conditions thereof, procedures in income and expenditure, and acquisition of immovable property.
REVENUES OF THE ASSOCIATION AND ASSISTANCE TO BE PROVIDED TO THE ASSOCIATION AND CONDITIONS THEREOF:
Article 28- Revenues of the Association consist of the following sources;
The Association may receive aid from or grant aid to trade unions and employer associations and professional organisations, provided that it is not contrary to the objectives of the Association and is clearly designated for achieving the objective of the Association. In addition, after gaining public benefit status, it may receive aid from general and annexed budget departments, public economic enterprises and affiliated establishments, and organisations where more than half of the capital belongs to the State.
INCOME AND EXPENDITURE PROCEDURE:
Article 29- Income and expenditure documents;
Association revenues shall be collected with a "Receipt Certificate" (a sample of which is included in Annex 17 of the Regulation on Associations). In case of collection of Association revenues through banks, documents such as receipts or account statements issued by the bank shall substitute for receipt certificates.
Association expenses are made with expenditure documents such as invoices, retail sales slips, and self-employed receipts. However, for payments of the Association falling within the scope of Article 94 of the Income Tax Law, an expense voucher pursuant to the provisions of the Tax Procedure Law shall be used as expenditure document, and for payments not falling within this scope, documents such as "Expense Receipt" (a sample of which is included in Annex 13 of the Regulation on Associations) or "Bank Receipt" shall be used as expenditure documents.
Free goods and services deliveries to be made by the Association to persons, institutions or organisations shall be made with an "In-Kind Aid Delivery Certificate" (a sample of which is included in Annex 14 of the Regulation on Associations). Free goods and services deliveries to be made to the Association by persons, institutions or organisations shall be accepted with an "In-Kind Donation Receipt Certificate" (a sample of which is included in Annex 15 of the Regulation on Associations).
These documents shall be printed as volumes consisting of fifty original and fifty stub sheets with self-copying carbon paper bearing consecutive serial and sequence numbers in the form and dimensions shown in Annex 13, Annex 14 and Annex 15, or as forms or continuous forms to be printed through electronic systems and typewriters. Documents to be printed as forms or continuous forms are required to be of the specified quality.
INTERNAL AUDIT OF THE ASSOCIATION:
Article 30- Internal audit may be performed in the Association by the General Assembly, the Board of Directors or the Board of Auditors, or independent audit institutions may also be hired to perform audits. The fact that an audit has been performed by the General Assembly, Board of Directors or independent audit institutions does not eliminate the obligation of the Board of Auditors.
An audit of the Association shall be carried out by the Board of Auditors at least once a year. The General Assembly or the Board of Directors may perform audits or have independent audit institutions perform audits when deemed necessary.
AMENDMENT OF THE STATUTE:
Article 31- In order to amend the Statute of the Association, at least two-thirds of the members entitled to attend the General Assembly must be present at the meeting. If a majority is not achieved at the first meeting, a majority shall not be required at the second meeting. However, the number of members attending this meeting cannot be less than twice the total membership of the Board of Directors and Board of Auditors of the Head Office combined.
A decision regarding an amendment to the Statute shall be taken by the vote of at least two-thirds of the members present at the meeting.
TERMINATION OF LEGAL PERSONALITY, SUSPENSION OF ACTIVITIES, LIQUIDATION
TERMINATION OF LEGAL PERSONALITY:
Article 32– The legal personality of the Association terminates in cases of dissolution by decision of the General Assembly or a court, being deemed dissolved ipso facto, or closure by court decision.
DISSOLUTION BY THE GENERAL ASSEMBLY:
Article 33- The General Assembly of the Association may decide to dissolve the Association at any time. For the General Assembly to decide on the dissolution of the Association, at least two-thirds of the Association members entitled to attend the General Assembly according to the Statute must be present at the meeting. If a majority is not achieved at the first meeting, the number of members attending the second meeting cannot be less than twice the total membership of the Board of Directors and Board of Auditors combined. The decision regarding dissolution must be taken by a two-thirds majority of the members present at the meeting. The dissolution of the Association shall be notified in writing by the Board of Directors to the highest local administrative authority within five days.
BEING DEEMED DISSOLVED IPSO FACTO:
Article 34- The Association shall be deemed dissolved ipso facto in cases where it loses its establishment purpose conditions, becomes insolvent, it becomes impossible for the Board of Directors to be formed in accordance with the Statute, or two consecutive Ordinary General Assembly meetings cannot be held due to the failure to achieve the quorum specified in Article 12 of this STATUTE. Determination of dissolution ipso facto shall be made by a decision of the judge of the civil court of peace.
LIQUIDATION:
Article 35– In cases where the Association is dissolved or deemed dissolved ipso facto, its property, money and rights shall be transferred to an association operating for the same objective.
PROHIBITIONS, MATTERS NOT SPECIFIED IN THE STATUTE, OPENING OF CLUBHOUSES, ENTRY INTO FORCE AND EXECUTION
PROHIBITIONS:
Article 36- In Association activities, prohibitions and orders stipulated by law and other laws shall be strictly observed. Persons under the age of 18 or secondary education students are prohibited from entering the head office and branches of the Association without a parent or guardian.
MATTERS NOT INCLUDED IN THE STATUTE:
Article 37 – In matters not included in this Statute, the provisions of the Law on Associations and the Turkish Civil Code shall apply.
OPENING OF CLUBHOUSES:
Article 38– The Association, its head office and branches may open a clubhouse by obtaining permission from the local administrative authority.
EXECUTION:
Article 39– The Board of Directors of the Association is authorised to implement the provisions of this Statute and to ensure compliance.