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.
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:
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.
Use of HES Code in the Workplace and KVK Precautions
The Ministry of Health has developed the Life Fits into Home "HES" application in order to keep the Covid-19 pandemic under control within social life. In this article, we will examine the processing of people's health data with the HES Code in terms of protecting personal data.
Review of Corporate Emails without Employee Consent: Important Decision of the Constitutional Court
The importance of corporate business e-mail accounts is increasing especially in the face of widespread shift to remote work and the use of corporate emails to track operations. This raises the question: "Can the employer inspect the content of corporate emails?".
Yargıtay Kararları Köşesi
Yargıtay Hukuku Genel Kurulu, banka şubesinde çalışan işçi kadının mesai saatleri içerisinde giydiği topuklu ayakkabı ve bol paçalı pantolon nedeniyle merdivenden düşmesini iş kazası olarak değerlendirdi. Karar, çalışanın giydiği kıyafetlerin, işverenin “İş Kıyafeti Uygulama Esasları”na uygun olduğu ve bu nedenle çalışanın ağır kusurlu sayılmayacağına dayandırıldı.
Administrative Fine Imposed on an Association for Breach of Personal Data Legislation
In accordance with the decision numbered 2020/691 that has been recently published by the Personal Data Protection Authority (“Authority”), an administrative fine has been imposed on an association within the scope of the Law on Personal Data Protection (“KVK”).
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.
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.
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.
Rights of Employees in Case of Salary Reduction
Employer’s proposals for salary reductions are becoming more frequent as the economic impacts of the pandemic increase. In this post, we have evaluated salary reduction proposals made by the employer, amendments in collective employment agreements regarding salary reduction and the rights that an employee possesses in these circumstances.
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.
Liabilities of the Liquidation Officer Regarding a Voluntary Liquidation
The Turkish Commercial Code Numbered 6102 stipulates the significant duties to be undertaken by liquidation officers during the liquidation process. These duties also carry certain forms of liability for the liquidation officers. In this article we have examined the liability of the liquidation officers and claims that may be brought against them
Revival of Companies that Have Completed Voluntary Liquidation
Can it be possible to claim receivables from a company that has been liquidated? In this post we have evaluated the claim of receivables form and the revival of liquidated companies.
Exiting the Voluntary Liquidation Process
Is it possible for a company to exit a voluntary liquidation process to ensure its continuity? In this article, we have examined the issue of exiting voluntary liquidation with respect to joint-stock and limited liability companies.
Payment of Company Debts During Voluntary Liquidation
The Turkish Commercial Code contains important provision ensuring the protection of company creditors and payment of their receivables within the scope of the liquidation process. In this article, we evaluated provisions regarding the payment of debts of the company in liquidation and the protection of creditors.
Voluntary Liquidation Procedure of Equity Companies with a General Assembly Resolution
Liquidation of companies is regulated in detail under the Turkish Commercial Code. Companies may enter the liquidation process for several reasons arising from the law or articles of association. In this post, we examine the process to be followed for the liquidation of joints stock and limited liability companies.
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.
Personal Data Protection and VERBIS Registration Obligations for Foreign Company Branches and Liaison Offices Located in Turkey
Data controllers that are processing personal data directly or through liaison offices or branches from Turkey are obligated to register with VERBIS and to take administrative and technical measures to protect personal data they process. In our post, we have evaluated these obligations in light of the decisions made by the Personal Data Protection Board and relevant legislation.
Postponing and Cancellation of Organizations Due To the COVID-19 Outbreak
Collectively held activities such as concerts, weddings, and festivals have been temporarily suspended within the scope of the measures to combat COVID-19. In this post, we have briefly evaluated issues relating to refunds of event tickets and venue leases which have been prepaid by consumers.
Digital Service Tax Has Been Enacted!
As a result of the expanding digital ecosystem and developing digital economy, a new tax liability has been introduced for digital service providers. In this post, we have evaluated the digital service tax and the scope and exemptions of this new tax liability.
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.
Prohibition on Stockpiling and Unjust Pricing within the Scope of COVID - 19 Measures!
Legal amendments allowing additional measures against stockpiling and unfair pricing have been enacted. These amendments are likely to have a significant impact on stockpiling and pricing practices for wholesalers and retailers. We have evaluated these amendments together with relevant actions that may constitute crimes under the Turkish Criminal Code.
Amendments to Terminations, Unpaid Leave and Unpaid Leave Insurance Termination through the Omnibus Law
Within the scope of the Omnibus Law numbered 7244, important amendments have been made to the Labor Law and Unemployment Insurance Law including limitations to terminating employment agreements by employers and application of unpaid leave without employee consent. In this post, we have evaluated these amendments.