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Feb 2021, 18

Association Membership Procedures

Barış Dur
| Blog
Association Membership Procedures

What Kind of Process is Required to Become a Member of Associations?

Generally, real and legal persons with de facto competence have the right to become a member of associations. In addition, the membership conditions specified in the special regulations determined by the laws and the association regulations and the membership conditions of the associations are determined. If individuals wish to become a member of the association, they must apply to the association in writing, and the decision of acceptance or rejection must be made by the board of directors of the association in accordance with the association's charter and must be notified to the applicant within 30 days.

Is it Possible for Civil Servants to Be Members of Associations or to Take Part in Association Bodies?

Although there are restrictions imposed by law for the members of the Turkish Armed Forces and security forces and other civil servants, anyone who is excluded from this and has a de facto capacity has the right to establish an association without any permission.

Although there is no prohibition when the legislation of associations is examined, it is important for the civil servants whether there are any prohibitions in the special laws of the institutions they work for. If there is no legal regulation, these people can become the founder of the association or become a member of the associations and of course they can take part in the bodies of the associations.

Can the Dues Paid to Those Leaving the Association Membership Be Returned?

Generally, associations determine the payments to be made by their members in their statutes. If there is no regulation on this subject in the statute, the amount required for the fulfillment of the activities and objectives of the association and the payment of its debts, if any, is equally covered by the members. Each member must make their payments as long as their membership continues. Payments to be made for the period of membership of the member withdrawn or removed from membership are recorded as debt.

Incomes of the association, member payments, income obtained from the activities of the association and the assets of the association, and donations and aids collected by the association. The member who voluntarily quits or dismissed from membership of the association cannot claim any rights in this property.

This situation clearly shows us that; It is not possible to refund the payments paid to the association members previously.

Can Non-Members of the Association be Elected to the Board of Directors?

Turkish Civil Code numbered 4721 makes various arrangements in this regard. While Article 68 of the Law states that every member has the right to participate in the activities and management of the association, Article 73 of the same law is the most authoritative decision-making body of the association. It includes a definite regulation with the provision that it consists of registered members.

In this context, the members of the association's board of directors must be members of that association.

Is it OK for a Foreign Citizen to Become a Member of the Association?

foreign nationals resident in Turkey may establish associations and natural persons can become members of the association. This situation is stipulated in Article 93 of the Turkish Civil Code numbered 4721. If the person will be an honorary member of the association, this condition is not sought.

When examined in this context, the main requirement to be a member of an association of foreign nationals in Turkey is that it has allowed to live in Turkey. There is no obstacle for Turkish citizens living abroad.

Can a Member of the Association be Dismissed From Membership for not Paying the Membership Fee?

Issues such as whether members will make payments to associations, if so, the amount and method of payment are determined by the association's internal statutes. If a regulation has not been made by the statute, the members will meet the amount required to fulfill the activities and objectives of the association and at the same time pay their debts jointly and in equal amounts.

The statute of the association stipulates the exclusion of members from membership, as in many other issues. If there is a decision in the association's charter that members can be dismissed from membership in cases where they do not participate in dues and payments, in this case the member can be banned from membership with the decision of the board of directors. If there is no decision in the statute regulating this situation, there may be a right to appeal this decision. In such cases, the general assembly is the final decision maker regarding the acceptance and removal of the member. If the general assembly makes a similar decision, then the member has the right to file an action for annulment of the decision by applying to the court within one month.