Cooperatives Law No. 1163
Law No: 1163
Accepted Date: 24.04.1969
Law No: 3476
Accepted Date: 06.10.1988
COOPERATIVE AND ESTABLISHMENT
Article 1- Real and public legal entities and private administrations, municipalities, villages, societies and associations established by mutual trust, solidarity and surety to provide certain economic interests and especially the needs of their partners and their livelihoods with their legal personality by mutual assistance, solidarity and bail. corporations with variable capital are called cooperatives.
B) AUTHORITY OF ORGANIZATION-MUTEBALISM-NAMES:
Article 2- A cooperative shall be established by a charter to be signed by at least 7 partners. The signatures in the Articles of Association must be notarized. Commitments regarding the transfer of immovable property to partners in the articles of association of building cooperatives and other cooperatives, including the assignment of immovable property, are valid without seeking any other formal form. Cooperative cannot be established by limiting the amount of capital. The name of the cooperative can only be used by organizations established according to this law. The names of public institutions and organizations cannot be included in the titles of cooperatives and their higher organizations. The members of the board of directors of the cooperatives and their parent organizations that act in contradiction with this paragraph shall be sentenced to imprisonment from one month to six months and a heavy fine of fifty thousand to five hundred thousand, depending on the importance and nature of the act.
C) PERMISSION, REGISTRATION AND ANNOUNCEMENT:
Article 3- The Articles of Association shall be submitted to the relevant Ministry. In case the Ministry authorizes the establishment, the place where the cooperative center is located is registered and announced in the trade registry. Registrations and announcements are as follows:
1- The date of the Articles of Association,
2- The purpose of the cooperative, the subject and the duration of the
cooperative , 3- The title and the center of the
cooperative , 4- The minimum amount paid for the capital and the cash portion of the cooperative, and the value of each partnership
share. that the adayazıl of documents,
6- same capital and inherited Akçal and they are simply caused by the company with the securities they biçilendeg them,
7. What will be represented by way of the cooperative and will be supervised,
8- board members of cooperatives authorized to represent one of the first and last names,
9- The form of the announcements to be made by the
cooperative and if there is a provision in the articles of association, how the decisions of the board of directors shall be notified to the shareholders, 10- The branches of the cooperative: Cooperatives may open branches in the country and abroad if they deem necessary. Branches are registered in the trade registry where they are located by referring to the registry of the center. The relevant Ministry cannot refrain from allowing the establishment of the cooperative, arguing that the articles of association are separated from the optional provisions of the law.
Changes in the Articles of Association also depend on the procedures in the organization.
D) PROVISIONS TO BE INCLUDED IN THE ARTICLES OF ASSOCIATION:
I- Obligatory Provisions:
Article 4- The following provisions shall be included in the cooperative’s articles of association.
1- cooperative name and center
2- cooperative aim and çalışmakonu are
3- Partnership title of winning and losing status and conditions
of 4- shares handling media and cooperative CAPITAL the mode of payment, at least 1/4 of the cash payment fund for cash,
5- environment, but capital koyupkoy they will not,
6- liability status and degree of co-operatives yükümlerindendola partners,
7- Cooperative administrator privileges task of vedenetleyic organ and responsibilities and selection of styles,
8- board of directors the name and surname of the person authorized to represent üyeleriylekooperatif,
9- The form of the announcements to be made
by the cooperative, and if there is a provision in the articles of association, how the decisions of the board of directors shall be notified to the shareholders, 10- Branches of the cooperative: Cooperatives may open branches in the country and abroad if they deem necessary. Branches are registered in the trade registry where they are located by referring to the registry of the center.
The relevant Ministry cannot refrain from allowing the establishment of the cooperative, arguing that the articles of association are separated from the optional provisions of the law.
Amendments to the Articles of Association also depend on the procedures in the organization.
II- Optional provisions:
Article 5- The Articles of Association may also cover the following issues.
1- Provisions on the meeting of the General Assembly, taking decisions and voting;
2- The principles of working of the cooperative,
3- The relations of the cooperative with the unions,
4- The provisions regarding the merger of the cooperative with another cooperative,
5- The duration of the cooperative,
III- Interpretative provisions:
Article 6- In case there is no provision in the articles of association about the matters written in paragraphs 1 and 2 of Article 5 the following provisions apply.
1- The General Assembly is invited to the meeting in return for signature by registered letters signed by the authorities representing the cooperative or in local newspapers and villages.
2- The activity of the cooperative; the purpose of the cooperative and the subject of study.
E) ACQUISITION OF LEGAL PERSONALITY:
Article 7- The legal entity shall be registered with the registration of the cooperative commercial. Those who make transactions on behalf of the cooperative prior to registration are personally and chainly responsible for them.
A) EARNINGS AND LOSS OF PARTNERSHIP
I- Conditions and number of partners:
Article 8- In order to enter into the cooperative partnership, natural persons shall have the competence to exercise civil rights. Real and legal persons wishing to become partners shall apply to the cooperative board of directors with a letter stating that they have accepted the provisions of the cooperative articles of association with all their rights and duties. If the cooperative imposes a personal responsibility or additional payments on its partners other than its own existence, the wish to become a partner is valuable if these obligations are accepted in writing. Board of Directors; partners and applicants to be partners to investigate whether they meet the terms of partnership stated in the articles of association. The members of the board of directors of cooperatives and supreme organizations acting in contradiction with this paragraph shall be sentenced to imprisonment from one month to six months and a heavy fine from fifty thousand to five hundred thousand pounds according to the importance and nature of the act. The number of housing, workplace and partners in building cooperatives is determined by the general assembly. The Board of Directors may not register more than the number of shareholders determined by the General Assembly. Members of the board of directors and officers of the cooperatives and their higher organizations acting in contradiction with this paragraph shall be sentenced to imprisonment from three months to two years and a heavy fine of one hundred thousand liras to one million pounds according to the importance and nature of the act.
II- Partnership of Legal Entities:
Article 9- Public legal entities such as private administrations, municipalities, villages, societies and associations, state-owned enterprises and cooperatives may assist, lead and become partners of the cooperatives of interest for their purposes.
B) TERMINATION OF THE PARTNERSHIP
I- Compensation for withdrawal:
Article 10- Every partner has the right to leave the cooperative. In the event that the co-existence jeopardizes the co-operative’s existence, the entitlement of the partner, who wishes to leave, may be included in the Articles of Association.
II- Restriction of withdrawal from the partnership:
Article 11- The right to exit from the cooperative can be restricted for a maximum of 5 years with the Articles of Association. For the right and important reasons, the Articles of Association may be subject to the provisions of the Articles of Association. The bindings that a partner can never leave the cooperative are null and void.
III- Reporting period and exit time:
Article 12- Exit shall be made only for the end of an accounting year and at least 6 months prior notice. A shorter period can be specified in the Articles of Association and exit can be allowed within the accounting year.
IV- Avoidance of accepting to leave the partnership:
Article 13- If the Board of Directors avoids accepting the resignation of a partner from the co-operative despite the request to be made in accordance with the Articles of Association, the cooperative shall notify the cooperative through a notary. Exiting from the date of the notification takes place.
V- Death of partner and transfer of partnership:
Article 14- Partnership shall cease with the death of the partner. The heirs of the deceased partner can be ensured to remain a partner in the cooperative under the conditions set forth in the articles of association. The partnership may be transferred. The board of directors accepts this person to the partnership if the person taking over the partnership has the characteristics of partnership.
VI- Completion of the duty or service, partnership in return for immovable property or business:
Article 15- If the title of partnership is related to the performance of a duty or service, the title of partnership shall be terminated upon termination of such duty or service. In this case, the continuation of the partnership may be ensured by the provision of the Articles of Association.
The acquisition of the title of partnership may be attributed to the exercise of rights under the Articles of Association or the operation of an enterprise. In such cases, the Articles of Association may stipulate that the ownership of the immovable property or transfer or assignment of the enterprise to third parties and the title of partnership may be transferred to the new owner or business owner as a right. The acquisition of this form of immovable property against third parties depends on the legitimacy of the title deed register in this way.
C) EXCLUSION OF PARTNERSHIP AND COMPLAINTS
Article 16- The reasons for the exclusion from the cooperative partnership are clearly indicated in the Articles of Association. Partners may not be removed from the partnership for reasons not explicitly stated in the articles of association. The members of the board of directors of the cooperatives and their superiors acting separately from this paragraph shall be sentenced to imprisonment from one month to six months and a heavy fine from fifty thousand to five hundred thousand pounds according to the importance and nature of the act.
With the proposal of the Board of Directors, the General Assembly decides to withdraw from the partnership. The articles of association may authorize the board of directors in this regard without prejudice to the right of the issuer to apply to the general assembly.
The decision of issuance shall be recorded in the minutes as well as in the shareholders’ book. A certified copy of the decision shall be deposited with the notary public within ten days to be notified to the issuing partner. This joint may file an objection within three months of the date of notification. If the notified decision is made by the board of directors, the partner may also appeal to the general assembly within three months. This objection is made in a letter to be notified to the board of directors via a notary public to be presented to the first general assembly to be convened. If the general assembly is objected, an appeal case cannot be filed against the decision of the board of directors. The right to appeal against the decision to be given by the general assembly upon objection is reserved.
Within three months, the dismissal decisions that are not objected by applying to the general assembly or court are finalized. New partners cannot be taken in place of unqualified partners. Partnership rights and obligations of these persons shall continue until the decision of dismissal is finalized. The members of the board of directors and officers of the cooperative and supreme institutions that act in contradiction with this paragraph shall be sentenced to imprisonment from three months to two years and heavy penalties from one hundred thousand pounds to one million pounds according to the importance and nature of the act.
D) ACCOUNTING TIME AND LIABILITY WITH COOPERATIVE PARTNERS
Article 17- The articles of association shall indicate whether the shareholders who have been or are removed from the cooperative have rights to the cooperative existence of their own or their heirs and what these rights are composed of. These rights are calculated on the basis of the balance sheet of the year the partner is separated, except for the reserves.
Refunds and payments that may jeopardize the existence of the cooperative may be delayed by the general assembly for a period not exceeding three years, even if a shorter period is specified in the articles of association. In this case, the cooperative is entitled to claim compensation.
The rights of the shareholders and heirs of the shareholders who have been issued or removed, and their rights shall be time-consuming after a period of five years, starting from the day they may request them. The conditions that the issuing or expelled partner will be partially or completely deprived of capital and deposits are void.
RIGHTS AND DUTIES OF SHAREHOLDERS
Article 18- The membership rights of each partner must be represented on the island by written partnership partnership. In this year, the title of the cooperative, name and surname of the owner, work and residence address, dates of entry and exit of the cooperative shall be written. These matters shall be signed by the holder of the deed and the persons who represent the cooperative. The money deposited or withdrawn by the partner is recorded in order of date. If these records belong to the coins paid by the cooperative, they shall sign jointly. The signed joint deed is in the form of a receipt. The said note may also be issued in the form of a partnership wall, provided that it contains the articles of association. Partnership notes are not in the nature of negotiable documents and are merely documents of the brain.
B) SHAREHOLDERS ‘SHAREHOLDERS
Article 19- At least one share of partnership must be taken from each person entering the cooperative. The Articles of Association may allow the maximum rate to be taken by a partner to receive more than one share within this limit.
The value of a partnership share is TL 100,000. Those entering the cooperative can commit a maximum of 5,000 shares. Those who participate in the cooperative’s parent organization undertake at least 250 shares. The value of a shareholding may be increased up to 10 times with the decision of the Council of Ministers.
A few shares may be shown in a joint venture. Shares not represented by promissory notes shall be credited as 100.000.- TL.
The credit demands of each cooperative are covered primarily by banks or companies by banks.
Investment activities of agricultural cooperatives are supported by low-interest loans to be granted through appropriations to be allocated from the budget within the framework of the regulations of the related ministry.
The personal creditors of a partner can only confiscate the amount of the share of interest and income-expense of the partner and the share of the room to be paid in the dissolution of the cooperative.
C) SAME CAPITAL
Article 20- The establishment of capital from the same or the cooperative to take over an existing business or entities may be accepted by agreement.
Appraisal , expert: Article 21- If the same value has not been determined in the Articles of Association, this determination is made by a person who will be elected by the majority of the shareholders representing 2/3 of the number of partners in the first general meeting to be called by the founders.
In case the shareholders who will enter after the establishment put capital from the same kind, this call is made by the board of directors.
In cases where the merger of 2/3 of the partners is not possible, the selection of the expert is requested from the magistrate’s court.
They may appeal to the local magistrates’ court within one week from the date of the notification against the report given by the selected experts or persons. The decision of the court is final.
2- Decision quorum, acceptance of the reports:
Article 22- The subject matter is discussed at the general assembly meeting to be held after the expert appointed in accordance with Article 21 has prepared and submitted the required reports. A copy of the expert report is added to the call letters.
Provided that at least half of the number of shareholders are present in the meeting in person and on a representative basis, the expert reports are read and examined and, if necessary, the decision of the persons who put capital from the same kind and the owner of the business to be taken over or the owner of the same to be taken into consideration shall be accepted or rejected with the consent of the concerned persons.
D) EQUALITY IN RIGHTS AND DUTIES
Article 23- The partners are equal in rights and duties in accordance with the principles accepted by this law.
1- Right to information, balance sheet:
Article 24- Annual report including the proposals of the Board of Directors on the distribution of income-expense differences and the report to be issued in accordance with the provisions of Article 66 of the balance sheet and auditors for a period of at least 15 days before the annual meeting of the general assembly. in the cooperative center and in the branches, if any, to the examination of the partners.
It is obligatory to provide one copy of the balance sheet and income-expense difference accounts to the requesting shareholders.
The right of the partners to obtain information cannot be eliminated or limited by the articles of association or the decision of one of the cooperative bodies.
2- Commercial books and sanctions provisions and penalties:
Article 25- The examination of the commercial books and communication related matters of the cooperative is possible with the clear approval of the general assembly or the decision of the board of directors. Except for the secrets to be learned from the books and documents that are allowed to be examined, no partner cooperator is authorized to learn the business secrets. Every partner has to keep the business secrets of the cooperator he / she has learned, regardless of how he / she has learned, even if he / she has subsequently lost the right to partnership. The co-operative shall be liable to the co-operative for any damages incurred that do not comply with this obligation and shall be punished with imprisonment up to one year or heavy penalties from 5000 to 300.000 pounds or both, even if no harm is expected upon the complaint of the cooperative.
3- Right to participate in the General Assembly Meetings:
Article 26- Every partner has the right to participate in the General Assembly except those who are not partners three months ago. This requirement is not required for participation in general assembly meetings in building cooperatives.
E) DUTIES AND RESPONSIBILITIES OF PARTNERS
I- Term and annulment of the partnership:
Article 27- The Articles of Association stipulates the amount of money that the partners can pay for the shares they are committed to. Partnership of those who do not comply with the first request and do not fulfill their obligations within one month after the second request shall automatically fall into partnership. The fall of the partnership does not require the disappearance of the debts of the person born by the Articles of Association or other means.
II- Responsibility of the cooperative:
Article 28- Unless there is a provision in the Articles of Association, the cooperative is only responsible for its creditors against its creditors.
1- Unlimited Liability:
Article 29- The Articles of Association may stipulate that, in cases where the cooperative’s existence is not sufficient to cover its debts, they shall be held personally and unlimitedly liable for their partners. In the event that the creditors cannot fully secure their receivables in case of bankruptcy or other disintegration of the cooperative, the cooperative partners are liable for the chain and all assets of the cooperative.
2- Limited Liability:
Article 30- The Articles of Association may impose a ruling that each shareholder shall be liable for the debts of the cooperative in excess of his share in person and after the cooperative. The amount that the partners will be liable alone can also be shown in proportion to the amount of their shares in the cooperative.
This responsibility is put forward by the bankruptcy administration until the end of the bankruptcy.
3- Additional payment predicate:
Article 31- The Articles of Association may obligate the partners with additional payments. However, additional payments should only be used to cover balance sheet deficits. Additional payment can be unlimited or limited in proportion to certain amounts or throughput or shares.
In the event of bankruptcy of the cooperative, the bankruptcy authority has the right to request additional payments.
4- Non-permissible restriction:
Article 32- The provisions of the Articles of Association which leave responsibility to a certain time or place it on certain partner groups are not valid .
5- Procedures in bankruptcy:
Article 33- In the event of the bankruptcy of a cooperative whose partners are personally responsible or liable for additional payments, the bank administration requests the payment of the debts of each of the partners, even though it regulates the order table.
Amendment of the provisions of liability: Article 34- Amendments to the liability and additional payment obligations of the partners are only possible with the amendment of the Articles of Association. The establishment of liability and additional payment obligations or increases thereof shall be in favor of the registration of the decision and all the receivables of the cooperative. Decisions to reduce liability do not include debts that were born prior to registration.
7- Responsibility of new partners entering the cooperative:
Article 35- In a cooperative whose partners are personally liable, or responsible for additional payments, the person who deliberately reinstates his / her position shall be liable for the debts born before the entry. Any agreement between the provisions of the contract contrary to that of the partners does not govern third parties.
8- Responsibility after the departure of a partner or dissolution of the cooperative:
Article 36- If an unlimited or limited responsible partner dies or for any other reason, if the cooperative fails in a period of one year or longer than the date determined by the articles of association, the cooperative will be born. cannot relieve joint liability for debts.
Additional payment obligation continues to exist under the same conditions or within the same period.
If a cooperative breaks down, the partners are also liable for additional payments in the event that the bankruptcy of the cooperative is decided to commence within one year or longer than the time specified in the articles of association, starting from the registration of the distribution in the Trade Registry.
9- Timeout in Liability:
Article 37 – Unless the claim rights of the creditors arising from the personal responsibilities of the partners have been reduced in accordance with a statutory law, the creditors may claim their creditors for a period of one year starting from the end of the bankruptcy proceedings.
The recourse of the partners to each other shall be time-barred within one year, starting from the moment the payment is made which gives this right to the body.
A) DIVISION OF INCOME AND EXPENSES AND INTEREST TO SHARES
Article 38- Unless otherwise provided in the Articles of Association, all of the proceeds obtained from the transactions made with the partners in one year of activity shall be added to the reserves of the cooperative as income-expense difference.
If the income-expense difference is foreseen to be divided among the partners, this division is made in proportion to the transactions of the partners.
After the distribution of at least 50% of the income-expense difference to the shareholders, the capital shares of the shareholders may be decided by the Articles of Association in which the interest of the shareholders can be paid not to exceed the maximum interest rate given to the government bonds by the decision of the General Assembly.
The articles of association may be stipulated in the articles of association, whereby the dividends obtained from non-joint transactions may be distributed to the shareholders in proportion to their capital shares. If they are not distributed, they are collected in a special fund to be used in the works for the development of the cooperative.
If the results of one year of activity are negative, they are covered by open and reserve funds and in case they are not sufficient, with additional payments or common capital shares.
Income-expense difference and interest distribution cannot be made unless negative results are eliminated.
B) SPARE RESERVES
Article 39- At least 10% of the income-expense difference is allocated to the reserve fund in coopera- tive parent institutions and in addition to this, no distribution is made to the partners unless at least 5% is allocated to extraordinary reserves.
Provisions to be included in the Articles of Association regarding the distribution of reserves are not valid.
C) ASSISTANCE FUNDS FOR PARTNERS AND STAFF
Article 40- The Articles of Association may provide for the establishment of aid funds for the purpose of bringing and operating aid organizations for the officers and workers of the cooperative and the partners of the cooperative.
If the assets allocated for charitable purposes are certain, they are taken into account in a special way to be used for the purposes for which the co-operative is allocated and allocated.
D) FUNDS TO BE FIRST FROM INCOME AND EXPENSES
Article 41- The reserve fund and the funds to be invested in other funds established in accordance with the law or the articles of association shall be set aside from the income-expense difference to be divided.
The terms and conditions of use of the reserves and special funds are indicated in the articles of association.
A) GENERAL ASSEMBLY
Article 42- The General Assembly is the most authoritative body representing all shareholders.
The General Assembly may not assign or delegate the following powers.
1- To change the articles of association,
2- To elect the liquidation committee with the members of the board of directors and the auditors when necessary,
3- To take decisions on the distribution of the balance sheet and income-expense difference when necessary,
4- Release the
boards of directors and auditors,
6- To determine the quality, location and minimum price of the real estate to be purchased with the procedure to be followed in the purchase and sale of real estate,
7- To determine the method of construction and construction works,
8- In building cooperatives; cooperative to do with the number of public housing or tesbitet the number of workplace
1- Call the authorized ones:
Article 43- The Board of Directors or the articles of association with other bodies and, where appropriate auditors authorized in respect of directors, partners that top union and liquidators general kurulutoplantı to have the authority to call. However, if the general assembly cannot be convened as stated above, the relevant ministry has the authority to call the general assembly.
2- The request of the partners, the call of the ministries, the permission of the court:
Article 44- The General Assembly shall be convened upon the request of at least one tenth of the number of partners provided that it is not less than four partners.
If the Board of Directors does not fulfill this request in at least ten days, the General Assembly may be convened upon the application of the requestors or directly by the relevant ministry.
If not, the applicants may apply to the local court to obtain the permission to call the general assembly to the meeting in person.
Article 45- The General Assembly convenes ordinarily and extraordinarily when necessary. The ordinary meeting must be held within 6 months of the end of each accounting period and at least once a year. The members of the Board of Directors who do not call the General Assembly to an ordinary meeting shall be sentenced to imprisonment from one month to six months and to a fine of fifty thousand pounds to five hundred thousand pounds according to the importance and nature of the act.
The General Assembly shall be convened in the form and manner indicated in the Articles of Association.
The meeting quorum is shown in the Articles of Association. However, at least 1/4 of the partners must be present in person or on behalf of the general assembly meetings of the building cooperatives.
The date, place and agenda of the General Assembly meeting shall be notified in writing to the relevant ministry and the local authority at least 15 days before the meeting.
The administration and management of the general assembly is provided by the chairman and members selected from among the partners or representatives of the parent organization.
Article 46- Agenda shall be written in the meeting call and in the agenda. If the amendment of the articles of association is the subject of the amendment, the number of the articles to be changed shall be sufficient.
At least 1/10 of the shareholders, not less than four, must be included in the agenda at least 20 days before the general assembly meeting.
Issues that are not on the agenda cannot be discussed. However, if at least 1/10 of the partners registered to the cooperative make a written proposal before the discussion of the agenda items, the election of the account audit commission, the release of the balance sheet review and release of the shareholders, the decision of the shareholders who have been issued or issued, the general assembly is called to a new meeting and the law, issues related to the cancellation of the resolutions of the board of directors, which are alleged to be contrary to the articles of association and goodwill principles and the resolutions of the general assembly, dismissal of the board members and auditors and the election of new ones for the members of the board of directors are taken into consideration by the approval of more than half of the attendants.
IV- Presence of all shareholders:
Article 47- Decisions may be taken even if the provisions of the call for the meeting are not complied with, provided that all the partners of the cooperative are present at the meeting and the other provisions relating to the general assembly meetings are reserved. Such decisions shall be signed by the partners or representatives to be unanimously elected by the partners at the meeting.
V- Right to vote:
Article 48 – Each shareholder has one vote in the general assembly.
Article 49- In case of disclosure in the Articles of Association, a vote may be cast to another partner at the general assembly meeting by giving permission by a joint letter. A partner cannot represent more than one partner in the general assembly.
It can be foreseen that each partner can represent more than 9 other partners in the cooperatives with more than 1,000 members. Partnership is not sought for spouses and first degree relatives.
shall not be able to participate in the vote: Article 50- Those who have participated in the review of the cooperative works by any means shall not participate in the voting in the decisions concerning the release of the board of directors. This provision does not apply to auditors.
None of the partners shall exercise the right to vote in the negotiations concerning a personal business or case between himself and his / her husband and husband, or with the cooperative.
Article 51- Unless there is a contradiction in the law or the articles of association, more than half of the votes shall be respected in the decisions of the general assembly and elections.
Decisions on the dissolution of the cooperative or the merger with another cooperative and the amendment of the Articles of Association require a majority of two thirds of the votes actually used. The Articles of Association may impose heavier provisions on the majority of votes for the acquisition of the votes.
2- Increasing the Shares of the Shareholders:
Article 52- For the decisions to be taken regarding the aggravation of the personal responsibilities of the partners or the creation of additional payment obligations, the consent of 3/4 of all partners is required.
However, in the decisions taken by the cooperatives that receive loans from public institutions to benefit from the increase in the loan amount, this requirement is not required and the provision of the first paragraph of Article 51 shall apply.
Decisions do not bind partners who do not participate if they declare that they have left the cooperative within three months of the announcement. In this case, the statement of exit from the co-operative shall be effective from the date on which the decision enters into force.
The exercise of the right to leave the co-operative in this way is not subject to the payment of a departure compensation.
3- Disruption of decisions and conditions:
Article 53- The following persons may apply to the court where the cooperative center is located within one month, starting from the day that chases the meeting, against the decisions of the general assembly, alleging that it is contrary to the laws, articles of association and the principles of good faith.
1- The persons who are present at the meeting and who are not authorized to participate in the meeting or who are not authorized to participate in the meeting or who are not authorized to participate in the general assembly meeting or that the call to the meeting is not made in accordance with the procedure or the agenda is not duly announced;
2- Board of Directors;
3- If the execution of the decisions is due to the personal responsibilities of the members of the board of directors and the auditors;
The board of directors shall announce the procedure on the day the corruption case is opened and the hearing will be held.
The hearing cannot be commenced before the expiry of the one-month entitlement written in the first paragraph. If more than one case is opened, the cases are combined.
The court may, at the request of the cooperative, order the plaintiffs to assure their possible damages. It is up to the court to specify the nature and amount of the guarantee.
Revision of a decision shall apply to all partners.
4- Voting by letter and meeting of representatives:
Article 54- By registering the articles of association of cooperatives with more than 1,000 partners :
1- The decision of the General Assembly, all or a part of the shareholders by giving their votes by letter,
2- Shareholders will be divided into groups by the decision to be determined in accordance with the instructions to vote among themselves, the
General Assembly can be counted.
In case of notification by letter, the examination of the letters in front of the board of directors and the representative of the ministry shall be carried out and the minutes shall be determined and written down in the minutes. The decision, which appears to have been made according to the minutes signed by the attendants, enters into force.
In the general assembly of group representatives, each representative has the number of votes cast by the number of shareholders it represents. The decision of the representative to vote in contradiction with the instruction received does not affect the decision.
B) BOARD OF DIRECTORS
I- Assignment and number of members:
Article 55- The Board of Directors is the executive body that manages and represents the activities of the cooperative within the provisions of the law and the articles of association.
The Board of Directors shall consist of at least three members. These and their substitutes must be cooperative partners.
Legal entities elected to the Board of Directors shall notify the names of their representatives to the cooperative.
II- Membership requirements and remuneration:
Article 56- The following conditions shall be sought in the Board of Directors.
1- To be a Turkish citizen,
2- Not to be a member of the board of another cooperative of the same type,
3- The conditions of membership of the Turkish Penal Code regarding embezzlement, conflict, corruption, bribery, misconduct, fraud, theft, fraud, fraudulent bankruptcy, abuse of security and crimes against the person of the State shall be
investigated by the auditors. The duties of those who have been elected and those who have subsequently lost these conditions are terminated by the Board of Directors. Members of the supervisory board of the executive and supreme institutions acting in contradiction with this paragraph shall be sentenced to imprisonment of from one month to six months and a heavy fine of up to five hundred thousand pounds for a period of one month to six months according to the importance and nature of the act.
Although the duties of those who have been prosecuted in relation to the above offenses continue until the first general assembly meeting, an item shall be included in the agenda of the first general assembly to be held by the board of directors for the dismissal or continuation of the duty of such members by the general assembly.
If the board of directors loses the quorum for this or any other reason specified in the articles of association, sufficient substitute members shall be called to the vacant management board memberships by the members of the supervisory board without delay. The members of the supervisory board of the cooperatives and their higher organizations acting in contradiction with this paragraph shall be sentenced to imprisonment from one month to six months and a heavy fine of fifty thousand to five hundred thousand pounds according to the importance and nature of the act.
One or more of the members of the board of directors may be elected as executive director who is authorized to represent the cooperative. The election and replacement of executive members shall be registered in the Trade Registry.
No other payment may be made to the members of the board of directors under any name other than the monthly salary, attendance fee, risturn and travel allowance determined by the general assembly. Members of the board of directors and officers of the cooperatives and their higher organizations that act in contradiction with this paragraph shall be sentenced to imprisonment from three months to two years and a heavy fine of one hundred thousand pounds to one million pounds according to the importance and nature of the act.
III- Term of Membership
Article 57- Members of the Board of Directors may be elected for a maximum of 4 years.
If there is no contrary provision in the Articles of Association, they may be re-elected.
IV- Management and representation:
1- Transfer of powers:
Article 58- The Articles of Association may authorize the General Assembly or the Board of Directors to delegate the management and representation of the cooperative to one or more directors or members of the Board of Directors who do not necessarily have to be a cooperative partner.
2- The limitation and limitation:
Article 59- The persons authorized to represent may carry out all legal procedures required by its purpose on behalf of the cooperative.
The limitation of this power of representation does not imply any provision against third parties with good intentions. The registrations which are registered to the commercial representative of the use of the authority of representation or the cooperative title only, are reserved.
The cooperative is liable for any damages arising from unjust acts committed by the persons authorized to represent the management or representation during the execution of the duties of the cooperative.
The purchase of the real estates to be purchased by the cooperatives must be made with a transfer of title deed or a sale promise agreement to be annotated to the title deed.
The real estate to be purchased must be suitable for the purpose of the cooperative.
The members of the board of directors and the cooperative personnel shall not engage in a business transaction involving us or indirectly with the cooperative.
The announcements, advertisements and explanations to be made by the cooperative and the top institutions for the purpose of introducing and registering partners cannot be incomplete and untrue, nor can they contain misleading information and elements.
The members of the board of directors and the persons authorized to represent may not exercise the powers that the general assembly cannot delegate. Members of the board of directors and officers of the cooperatives and their superior organizations who act in contradiction with the fourth, sixth, seventh and eighth paragraphs of this article shall be sentenced to imprisonment from three months to two years and heavy penalties from one hundred thousand liras to one million liras, depending on the importance of the act.
Article 60- The persons authorized to represent the cooperative shall bind the cooperative only by placing their signatures under the title of the cooperative.
Article 61- The cooperative, the board of directors shall submit the names, signatures and notarized certified copies of the persons authorized to represent the cooperative to the trade registry.
5- The degree of diligence and responsibilities of the members:
Article 62- The Board of Directors shows the diligence necessary for the management of the cooperative affairs and makes every effort to ensure the success and development of the cooperative.
The Board of Directors is responsible for preparing, keeping, keeping and keeping the minutes of the General Assembly, the necessary books and the common lists, and submitting the operating account and the annual balance sheet in accordance with the legal provisions and submitting them to the Board for auditing.
The members of the board of directors and the cooperative officers are responsible for the damages caused by their own faults. They are punished as “civil servants dolayı for their criminal acts and actions, and especially for the crimes committed by the cooperative on the balance sheet, minutes, reports and other documents and documents.
V- Works to be performed in case of insolvency of the cooperative:
Article 63- If there are serious reasons to accept that the cooperative is incapacitated, the board of directors shall immediately issue an interim balance sheet, mainly current prices, in the market. the Board of Directors notifies the relevant ministry of arbitrariness and calls the General Assembly to an extraordinary meeting immediately.
In the case of a cooperative whose shares have been issued, if the half of the cooperative’s existence in the balance sheet of the last year remains unrequited, the board of directors shall immediately call the general assembly to the meeting and submit the situation to the shareholders. It also informs the relevant court and the relevant ministry. However, in cooperatives whose partners are liable for additional payments, the relevant ministry shall be informed if the deficit determined in the balance sheet is not closed by the additional payments of the partners within three months.
If it is possible to correct the financial situation, the court may postpone the bankruptcy upon the request of the board of directors or one of the creditors. In this case, it shall take measures to maintain and maintain the cooperative existence, such as keeping the book of assets and appointing a management officer.
Article 64- The Board of Directors may dismiss the persons assigned by the performance of the works and the directors and other representatives and deputies appointed by them at any time.
The rights of persons who have been dismissed to claim compensation are reserved.
Article 65- Auditors shall examine all transactions and accounts of the cooperative in its general assembly.
The general assembly elects one or more auditors for at least one year as the supervisory body. The general assembly may also appoint alternate auditors. Auditors and their substitutes need not be cooperative partners.
The provisions of the first and third paragraphs of the first paragraph of Article 56 shall also apply to the auditors.
1- Obligation to review:
Article 66- The auditors inspect all the transactions and accounts of the cooperative on behalf of the general assembly.
As a supervisory body, the general assembly elects one or more auditors for at least one year. The general assembly may also appoint alternate auditors. Auditors and their substitutes need not be cooperative partners.
The provisions of the first and third paragraphs of the first paragraph of Article 56 shall also apply to the auditors.
1- Obligation to review:
Article 66- The auditors are obliged to examine whether the business account and the balance sheet are in compliance with the books and whether the books are kept on a regular basis and whether the results of the enterprise and the transactions are carried out in accordance with the provisions required to be complied with. In cooperatives that are personally responsible or obliged to pay additionally, the auditors must also check whether the list of partners is duly kept.
For this purpose, administrators give the auditors books and documents.
The information book and the principles on which this book is prepared and information about each subject is given on the requests of the auditors. The members of the board of directors of the cooperatives and superiors acting in contradiction with this paragraph shall be punished with imprisonment from one month to six months and heavy fines from fifty thousand to five hundred thousand pounds according to the importance and nature of the act.
The partners are authorized to draw the attention of the auditors and ask for explanations in matters they deem necessary.
The members of the supervisory board of the cooperatives and the higher organizations that act in contradiction with this article shall be sentenced to imprisonment from one month to six months and a heavy fine of fifty thousand pounds to five hundred thousand pounds according to the importance and nature of the act.
2- Report preparation:
Article 67- Auditors are obliged to submit their proposals to the General Assembly every year together with a written report.
The auditors are obliged to inform the organ and to the general assembly, if necessary, of the deficiencies in the execution of the works within the framework of their duties, and the acts responsible for this, contrary to the law or the articles of association.
Auditors participate in management and general assembly meetings. However, they cannot vote on the board of directors.
Members of the supervisory board of the operative and supreme institutions acting in contravention of this article shall be sentenced to imprisonment from one month to six months and a heavy fine of fifty thousand pounds to five hundred thousand pounds according to the importance and nature of the act.
3- Obligation to keep secrets:
Article 68- The auditors may not disclose to the cooperative partners and third parties what they have learned during their duties and which are expected to harm the parties of the cooperative or its partners.
III- Special Provisions:
Article 69- By the Articles of Association and the General Assembly decision, it is possible to put in more extensive provisions on the inspection organization, to increase the duties and powers of the auditors, and in particular to envisage interim audits.
Cooperative Associations, Cooperatives Central Union of Turkey’s National Cooperative Union and the Advisory Board Duties and Responsibilities:
Article 70- protect the common interests of co-coordinating the activities available economic activity to achieve their goals, to supervise and to regulate the relations with dışmemleket do I veeğit develop cooperatives, advise the cooperative Threads Cooperative associations for the fulfillment of gibihizmet, cooperatives and Turkey merkezbirlik National Cooperative Union is established.
Cooperative associations, cooperatives, associations and centers in Turkey National Cooperative Union law officers yönetimkurul members with the provisions of Article 62 applies.
Article 71- The partners of the cooperatives participating in the unions shall not be charged more than the obligations in the law or the articles of association of their own cooperatives by entering the union.
A) COOPERATIVE ASSOCIATIONS
Article 72- 7 or more cooperatives whose subjects are the same or related to each other can be determined in the articles of association that associations can be established. These associations are established in the form of cooperatives.
If regions are determined by the relevant ministry, more than one cooperative association with the same working subjects cannot be established in these regions.
1- General Assembly:
Article 73- The most authoritative body of the cooperative unions is the general assembly consisting of the representatives of the cooperative, unless otherwise stipulated in the articles of association.
It is possible for the members of the Board of Directors to be elected as representatives.
2- Board of Directors:
Article 74- The board of directors of the Union shall be elected from among the representatives included in the general assembly of the Association.
The members to be elected to the Board of Directors must not be representatives of the same cooperatives.
3- Supervision and training:
Article 75- Cooperative central unions supervise the unions and cooperatives affiliated to them and meet their education and training needs. In cases where the establishment of the central union is not completed, the unions supervise the cooperatives affiliated to it. The results of the audits conducted by the top institutions are notified to the relevant ministry.
The cooperative and its parent organizations participate in the expenses related to the audit and training services for them in accordance with the principles to be determined by the parent company.
B) COOPERATIVES CENTRAL ASSOCIATIONS
Article 76- Cooperative unions can establish central unions among themselves in the form of cooperatives.
The general assemblies of the Central Unions shall be composed of the representatives to be elected by the general assemblies of the cooperatives and unions included in this Union.
The members of the executive boards of the cooperatives unions can be elected as members of the general assemblies of the central unions.
Cooperative unions having the same working subjects cannot establish more than one cooperative central union.
C) Turkish National Cooperative Association
Article 77- associations or unions may set up the centers National Cooperative Union of Turkey in the form of cooperatives.
Terms of Participation, National Cooperative Union of Turkey stated in the contract.
Turkey National Cooperatives Union General Assembly included in this union associations and centers are made up of representatives to be elected by the general assembly. Cooperative, unity and central unions of this board may be constituted by the Articles of Association.
D) REPRESENTATION OF REPRESENTATIVES
Article 78-Union, merkezbirlik and Turkey Cooperatives Union will constitute their genelkurul the Articles of Association cooperatives, associations and central associations The number of representatives is specified to a maximum of 5 people by the number of partners.
Article 79- Unions, National Cooperative Union and Turkey are preparing the National Cooperative Union Home sözleşmelerinib according to legal provisions.
E) ADVISORY BOARD
Article 80 Turkey Association National General Cooperative General Board of the State Planning Organization, Industry and Trade, Agriculture and Rural Affairs, Finance and Customs, Public Works and Housing, Ministry of Education, Youth and Sports, Trade and Industry Ministry, cooperatives that finance banks and Turkish Cooperative with the participation of the institutions of a müessil “Turkey Cooperatives Advisory Board” is established.
The duties and powers of this board are determined by a regulation to be prepared by the relevant ministry.
Distribution of Cooperatives
A) DISTRIBUTION REASONS
Article 81- Cooperative:
1- In accordance with the Articles of Association,
2- With the decision of the General Assembly,
3- With the opening of bankruptcy,
4- In other cases foreseen in the laws, upon the decision of the related ministry from the court,
5- By the merger or acquisition of another cooperative,
6- Three years In case it does not hold its ordinary general assembly,
7- The decision shall be taken by the court in case it is determined by the relevant Ministry that it is not possible to reach its
Housing building cooperatives are deemed to have achieved their purpose by completing the works indicated in the articles of association and by being selected for individual ownership and registering the houses on behalf of the partners. However, if the purpose of the cooperative is changed by duly changing the articles of association within 6 months from the date of registration, the provision regarding dissolution shall not be applied.
Individual housing affairs shall be concluded in accordance with the Law on the Ownership of the partners within one year at the latest after obtaining the permission to use the buildings in the housing cooperatives.
Unless the liquidation officers are elected by the court or the general assembly, the Board of Directors performs the liquidation works. The members of the liquidation committee shall be paid an amount to be determined by the appointing authority.
If a special quorum has not been determined by the Articles of Association, in case of liquidation, no fee is required from the general assembly meetings of cooperatives. Decisions are taken by majority vote.
The duties of the liquidation committee are indicated in the articles of association.
The liquidation committee members are obliged to work for the completion of the liquidation works as soon as possible.
The provisions of paragraphs 3 and 62 of paragraph 1 of Article 56 shall also apply to the members of the liquidation committee.
B) NOTICE TO TRADE REGISTRY
Article 82- In case of bankruptcy, the distribution of the cooperative shall be registered with the Trade Registry by the authorized bodies. Who will be the authorized bodies is shown in the Articles of Association.
C) SHARING OF LIQUIDATION MATERIALS
Article 83- After the payment of all the debts of the cooperative in liquidation and the return of the common share prices, the remaining goods shall be shared among the partners only if this provision is stipulated in the Articles of Association.
Unless otherwise agreed in the Articles of Association, allocation shall be made equally between the registered partners or their legal successors at the time of dissolution.
The distribution to the partners shall be made equally between the registered partners or their legal successors at the time of dissolution.
Joint statement on whether they could be sharing the liquidation of main contract, if the remaining amount neticesindenart, Turkey to be spent in accordance with the purpose cooperatives are deposited in the National Cooperative Union.
If such a union is not established, it shall be deposited in the fund under the order of the relevant Ministry in order to donate it to the institutions pursuing the purposes of Article 94.
D) DISTRIBUTION WITH MERGER
Article 84- The following provisions shall apply if a cooperative is distributed by taking over all its assets and liabilities by another cooperative.
1- The Board of Directors of the transferred cooperative calls upon the dissolving coopertif to declare its receivables in accordance with the provisions on liquidation.
2- The disbursed cooperatives are managed separately until the debts of the cooperatives are settled. Management takes over the board members of the cooperative taking over.
3- The members of the board of directors of the transferred cooperative are personally responsible for the chain management of the creditors.
4- The competent court before the dissolution of the cases to be filed against the dispersed cooperative shall be dealt with during the period in which the product is managed separately.
5- In the relations of the distributed cooperative creditors with the acquiring cooperative and its creditors, the goods taken over shall belong to the cooperative distributed within the same period. In the event of the bankruptcy of the acquired cooperative, these goods constitute a separate masate. If necessary, it is used only to pay the debts of the cooperative that is disbanded.
6- Both co-operatives can be merged from the moment that it is permissible to save on the goods of the cooperative, but not on the goods of the co-operative.
7- The registration of the dissolution of the cooperative shall be requested from the Trade Registry Office. After the debts are paid or secured, the cooperative’s registration is deleted.
8- With the registration of the dissolution of the cooperative, the cooperative taking over all rights and debts of the partners shall be included.
9- As long as the product is managed separately, the partners of the cooperative that is disbanded can only be followed up for its debts and in accordance with the principles to which the responsibilities are attached.
10- During the same period, to the extent that the responsibilities or additional payment obligations of the partners of the disintegrating cooperative are mitigated as a result of the merger, such mitigation cannot be brought against the creditors of the disintegrating cooperative.
11- The merger decision may only be made with the majority of 3/4 of all partners if the liability of the cooperative that is dissolved as a result of the merger arises or becomes aggravated by the personal responsibility or additional payment obligation. The provisions regarding liability and additional payment obligation do not apply to the partners who have not participated in the merger decision and who further declare that they will leave the cooperative within three months starting from the date of announcement of the decision.
E) To be taken over by a public legal entity
Article 85- The existence of a co-operative may be taken over by the municipality, an economic State organization, a public institution or publicly beneficial associations and societies. In this case, the decision to be taken by the general assembly shall be registered and announced in accordance with the provisions regarding the dissolution.
In the event that such cooperative assets are taken over by a State economic organization or by any economic organization or by any association or association, the general assembly may decide not to liquidate it.
The active and passive of the cooperative shall be transferred to the transferee as of the date of the transfer decision. The name of the distributed cooperative is deleted from the trade registry. This issue is also announced.
Each creditor of the merging organization and the cooperative may appeal to the merger by applying to the competent court within three months of the date of announcement. Unless the right of objection is waived or the decision given by the court about the rejection of the objection in this matter is finalized or the guarantee to be appreciated by the court is not given by the institution or the cooperative, the merger shall not be valid.
Duties and Powers of the Ministry
A) DUTIES AND AUTHORITIES OF THE MINISTRY IN GENERAL
Article 86- The main duties and powers of the relevant Ministry concerning cooperatives are as follows;
1- for Cooperatives, cooperative associations, the central union, Turkey’s National Cooperative Union to the establishment and guidance of the organization, to assist in the management with advice and study,
2- cooperatives, associations, inspecting the central union and Turkey’s National Cooperative Union, supervising or audited,
3- Cooperatives , unions, associations and centers reasons for requiring the dissolution of the National Cooperative Union of Turkey to report to the court,
4 of cooperatives, especially production of useful primarily creditable to the establishment of the cooperative and in matters do not operate for the benefit of the country relevant ministries and make the necessary undertakings on compliance with and acts as a coordinator,
5- Cooperative regulators for public and social security funds related to the support to be made to parent organizations in the implementation of legislation and cooperatives make savings,
relevant ministries, regarding the cooperatives and the parent organization of the management and supervisory board members and officers for the crimes they committed may request the intervention of the public prosecution opened.
B) EXECUTIVE CONDITIONS OF RELATED MINISTRY REPRESENTATIVES AND DECISIONS
Article 87- Related ministries, cooperatives, unions, associations and centers of Turkey will be represented in the National Cooperative Union’s general meeting.
General Assembly meetings are opened and continued with the peace of mind of the Ministry representative.
The administration ensures that there is a representative on the reported day.
Representatives are responsible for monitoring and ensuring that the meeting is conducted in accordance with the laws, articles of association and the agenda. Each of the representatives shall be remunerated at the amount determined by the relevant ministry not to exceed twice the one-day amount of the maximum domestic allowance determined for the first-degree officer. This fee is paid by the cooperative and its top institutions to the cashier before the general meeting to be paid to the authorized representative.
The minutes of the General Assembly resolutions and the list of the participants are signed by the representatives. The representative is obliged to present his opinion on the decisions taken in contravention of the law and the articles of association at the general assembly.
The nature and duties of the representative shall be specified in the bylaws.
However, if the representative does not come to the meeting even though the application is made duly, the situation is notified to the local administrative supervisor to ensure the execution of the meeting. If the representative does not come again, the meeting starts at the end of one hour.
C) PREPARATION OF SAMPLE ARTICLES OF ASSOCIATION
Article 88- The relevant ministries, cooperatives, cooperative unions, for example, the condition to be taken without comment in the formation of these centers for cooperative associations and Turkey Union of Cooperatives Mille prepare articles of association studies.
D) ACCOUNTING PROCEDURES AND BOOKS
Article 89- cooperatives, cooperative associations, central cooperatives associations and the accounting procedures of National Cooperative Union and Turkey are obliged to keep books as may be specified by the relevant ministries.
The provisions of the tax procedure law regarding these matters are reserved.
E) INSPECTION AND INSPECTION
Article 90- The Ministry of Interest, cooperatives, cooperative associations and cooperatives Central Association of National Cooperative Union of Turkey can be audited transactions and accounts and assets of the cooperative inspector or controller.
The selection and operation of the controllers and their duties and powers are determined by statute.
These organizations are obliged to comply with the instructions given by the relevant Ministries according to the audit results. The members of the board of directors of the cooperatives and their higher organizations that act in contradiction with this paragraph shall be sentenced to imprisonment from one month to six months and fines of fifty thousand to five hundred thousand pounds according to the importance and nature of the act.
Public institutions and organizations, municipalities and related ministries that give credit to cooperatives and their top institutions; they can check whether the loans are used in accordance with the purpose of opening, the suitability of the plan and the project in terms of technical characteristics and quality.
When those who are in charge of cooperatives and their higher institutions are required to provide the goods, money and money papers and related books and documents related to these institutions to inspectors, cooperative controllers and auditors of the cooperative, to assist in the counting and examination of the required information and to provide the necessary information in a real and complete manner. and make an accurate declaration. The members of the board of directors and the officers of the cooperatives and their higher organizations acting in contradiction with this paragraph shall be sentenced to imprisonment from three months to two years and heavy penalties from one hundred thousand to one million pounds according to the importance and nature of the act.
F) INSPECTION AND AUDITING AND ASSIGNMENT
Article 91- Related Ministry; the relevant institutions of the cooperative top institutions and independent audit institutions.
The relevant principles shall be laid down in the by-law to be prepared in accordance with Article 90.
A) PROHIBITION OF POLITICAL ACTIVITY
Article 92- Cooperatives and higher organizations; political activities and general security, public order and public order to operate in order to disrupt, and cooperative and supreme organization activities can not be used for these purposes.
Cooperative and supreme organizations cannot accept financial aid from political parties and organizations or persons and organizations engaged in the activities mentioned in the first paragraph. The rules of management and supervision of the cooperative and its top institutions cannot participate in all kinds of meetings of political parties representing their organizations.
Cooperative founders, chairman and members of the board of directors who act in contradiction with the provisions of this article and the chairman of the general assembly that tolerates this act if it occurs in the general assembly shall be sentenced to imprisonment of from three months to one year.
This Article (Article 1 of Law No. 4274 dated 12.6.1997, abrogated)
Article 93- 1- cooperatives, cooperative associations, cooperative associations and centers National Cooperative Union of Turkey;
a) have to bail its partners with interest and commissions they receive from each other from and shared so monies they receive from their bank and insurance transactions tax,
b) all types of books and articles of association malaria attestation and sealing of the page in the opening confirmation and without any kind of fees and stamp the tax,
c) or not given Kiran
d) The real estates to be assigned by the partners are exempt from all taxes to be levied on the real estate goods they own, unless they are allocated to a non-income
e) The declaration to be submitted in accordance with Article 13 is not subject to Stamp Tax, other fees and pictures.
2- to cooperatives of real estates of easements and real estate liabilities, the cooperative associations, cooperatives Central Association, Turkey if put into the capital to the National Cooperatives they Estate Purchase Tax for the reduced proportion of the Law Article 9,
3- 5422 numbered Corporate Tax Law 199 Law No. different 7 of Article 16 Benefit from the exemption of Corporate Tax in accordance with the principles set forth in paragraph 3
4- Cooperatives, cooperatives associations and cooperatives central associations cannot benefit from the exemptions written in paragraph (b) and paragraph 2 of paragraph (1) of this article, unless they enter into the upper institutions which are in operation.
C) FUND TO PROVIDE PROMOTION AND TRAINING SERVICES
Article 94- 1% of the positive income-expenditure difference generated according to the annual balance sheets of the cooperatives for the services such as promotion of the cooperatives, training and guiding in their organizations, assisting the management and activities with the advice shall be deposited in a fund under the order of the relevant Ministry.
D) DISPUTES, REFEREE BOARDS
Article 95- cooperative bodies with cooperatives, cooperative associations they are affiliated with cooperatives, central union and Turkey’s National Cooperative Union of disputes due to matters within their field of activity among the general provisions referee projected mAlArIndA articles of association without prejudice councils surmountable.
E) RESERVED PROVISIONS
Article 96- The provisions of the Law No. 2834 on Agricultural Sales Cooperatives and Unions and the provisions of the Law No. 2836 on Agricultural Credit Cooperatives regarding the Building Cooperatives are reserved. So far, the provisions of this Law shall apply in cases where there is no clarity in the abovementioned laws.
Article 97- 2836 Law No. 2834 and established with cooperatives and cooperative unions, such as the National Cooperative Turkey can organized as cooperative central unions can enter the Birliği’ne.
F) ANONİM ŞİRKETİ PROVIDED
Article 98- The provisions of the Turkish Commercial Code relating to Joint Stock Companies shall be applied in matters that are not contrary to this Law.
G) NATURE OF THE CASES AND PROCEDURE
Article 99- The law arising from the matters regulated in this Law shall be deemed as commercial litigation regardless of whether the parties are merchants.
In these cases, simple reasoning procedure is applied.
H) TERMINATED PROVISIONS
Article 100- Articles 485-502 of the Turkish Commercial Code, which constitute the 6th chapter of the cooperatives, have been repealed.
Provisional Article – Currently established and operating coopertives are obliged to adapt their contracts to the provisions of this Law within two years. Cooperatives that do not comply with this issue are deemed to be dispersed. If the liquidation is not commenced within two months from the date of dissolution by persons assigned by law, they may be asked by the relevant Ministry or Treasury to appoint a liquidator from the court.
The general assemblies to be held by cooperatives in order to adapt their articles of association to this law shall convene and decide in accordance with the procedures and majority of ordinary general assemblies.
I) ENTRY INTO FORCE
Article 101- This Law shall enter into force 3 months after its publication.
İ) OFFICE TO LAW THE LAW
Article 102- The provisions of this Law shall be executed by the Council of Ministers.
LAW NO 3476 – ADDITIONAL ARTICLE 1-
The names of the Ministries mentioned in this Law have been changed as “Related Ministries..
The term ministry shall mean the Ministry of Agriculture and Rural Affairs for agricultural cooperatives and their superiors within the scope of this Law, and the Ministry of Industry and Trade for other cooperatives and superiors.
LAW NO 3476 – ADDITIONAL ARTICLE 2-
Freedom binding penalties stipulated in Article 92 cannot be bonded and this provision enters into force on 25.04.1989.
The relevant ministries, cooperatives and their supreme bodies may request to intervene in the public lawsuits filed against the members of the board of directors, supervisory board and civil servants for their crimes.
PROVISIONAL ARTICLE 1-
Cooperatives and their superiors whose titles do not comply with the principles specified in Article 1 are obliged to register their titles in accordance with this law within six months by making amendments to the Articles of Association.
Pursuant to paragraph (2) of the first paragraph of Article 56 amended by Article 14 of this Law, those who are members of the Board of Directors in more than one cooperative in the same type shall choose one of these memberships within three months following the entry into force of the Law.
PROVISIONAL ARTICLE 2-
The cooperatives who have gained legal personality before the effective date of this Law are deemed to have been established in accordance with the provisions of this Law.
PROVISIONAL ARTICLE 3- Law 3476
The cooperatives that have been established and operate are obliged to adapt the articles of association to the provisions of this law within two years. Cooperatives that do not comply with this issue are deemed to be dispersed. If the liquidation is not commenced within two months of being dispensed by the persons assigned by the liquidation by law, the relevant ministry or the Treasury may be asked to appoint a liquidator from the court.
The general assemblies to be held by the cooperatives in order to adapt their articles of association to this Law shall convene and decide in accordance with the procedures and majority of the ordinary general assemblies.
The Law no. 3476 shall enter into force on 25.10.1988 (without prejudice to the exception in the first paragraph of Annex Article 2).
The provisions of this Law shall be executed by the Council of Ministers.