Watch Out for Additional Regulations: Notification Obligations Regarding Donations and Aid Sent Abroad

Amendments to the Law on Associations will place an obligation on associations to carry out a notification before aid is sent outside of Turkey. It has been determined that his issue will be further detailed in secondary legislation. Moreover, amendments on the Law on Aid Collection stipulate that "the procedures and principles in the aid disbursed domestically or abroad shall be determined by secondary legislation."

28 December 2020

Cash Transaction Limits: The Obligation to Use Banks or PTT for Transactions

A monetary limit has been introduced regarding the cash transactions that associations may carry out. Associations will be obligated to carry out transactions exceeding the limit of TRY 7.000 regarding all kinds of income, expense, collection of revenues and payments through the PTT, banks or other financial institutions. An administrative fine shall be imposed directly on the members of the board of directors for a breach of this provision. The amount of the administrative fine shall be determined in accordance with the value of the transaction which exceeds the respective limit.

27 December 2020

Regular Association Inspections and Increase of the Scope of the Inspections

The Amendment introduces regular inspection of associations and an increase in the scope of such inspections. According to the risk assessment carried out by the MoI, associations shall be inspected annually and no later than once every three years. Moreover, the Amendment includes provisions which aim to remove bureaucratic obstacles for the appointment of inspectors, for the inspection of associations, from public institutions and organizations other than the MoI. This is likely to make it easier for several public institutions and organizations to conduct inspections at the same time. In addition, new provisions allow experts who are not public officials to be engaged for the purposes of inspecting an association. The changes suggest that the MoI aims to be much more effective in its inspection processes.

26 December 2020

New Administrative Fines and Increased Penalties

The Amendment introduces new steps for certain breaches as well as an increase in sanctions currently regulated under the Law of Associations. These are briefly consolidated below:

25 December 2020

Removal of Directors and Auditors, Appointment of Trustees and  Suspension of Activities of Associations

The Amendment authorises the Ministry of Internal Affairs (“MoI”) to remove one or all members of the board of directors and auditors of an association; to suspend activities of an association; and to apply to the court for the appointment of trustees to associations. A criminal investigation regarding the financing of terrorism, production and trafficking of drugs or stimulants, and laundering assets accrued through criminal income iniaited against a member of the board of directors and auditors of an association is sufficient for the MoI to exercise this authority.

24 December 2020

Occupational Health and Safety Responsibilities of Non-Governmental Organizations

Occupational health and safety requirements are often neglected during compliance processes that are carried out for employees to operate in accordance with the Labor Law and other legislation on employment.

10 November 2020

NGO Audits: Legal Basis, Scope and Process

Organizations which are subject to the Law of Associations, such as associations, representative offices, direct activity offices and branches of international non-governmental may be audited by the Ministry of Interior Auditors of Associations.

09 November 2020

Preparation for an Audit on an Association

It is important to note that the best preparation for an audit is to conduct the daily governance of organizations in accordance with applicable legislation.

08 November 2020

Amendment to the Associations Regulation: Declaration Obligations Regarding Cash and In-Kind Donations Received From Abroad

Amendment to the Associations Regulation has resulted in significant changes to the declaration requirements for cash and in-kind donations received by an INGO’s Turkey office. Authorized individuals should be diligent with respect to these obligations since it may result in criminal liability punishable with a prison sentence or judicial fine of up to three months.

23 September 2020

Personal Data Protection and VERBIS Registration Obligations of Representative Offices, Direct Activities and Branches of International NGO’s Located in Turkey

INGOs that are processing personal data directly or through representation office, direct activities or branches from Turkey are obligated to register with VERBIS and to take administrative and technical measure to protect personal data they process. In our post, we have evaluated these obligations considering the decisions made by Personal Data Protection Board and KVK.

31 August 2020

Documentation of Cash and In-Kind Assistance Programs for INGO’s and Associations

Due to the COVID-19 outbreak, in-kind and cash donation activities of International and Local Non-Governmental Organizations that are operating and registered in Turkey have increased. In our blog post, we have evaluated the important point that should be considered during the registration process of the associations' incomes and expenses.

03 August 2020

Social Cooperatives in Turkish Law

Social Cooperatives in Turkish Law Share In this blog, we aim to provide a framework regarding the legal structure of social cooperatives. This framework is important for understanding how cooperatives are regulated under Turkish law and will provide a ground for comparing social cooperatives with foundations and associations.

06 April 2020

Social Cooperatives and Their Importance

As a model of social entrepreneurship social cooperatives stand out as structures which bring together the purpose of social impact and entrepreneurship. In this post we have outlined the importance and certain aspects of social cooperatives.

01 March 2020
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