Article 1: NAME, CENTER of the ASSOCIATION
A- The name of the association is “CİNSEL SAĞLIK EĞİTİM ARAŞTIRMA VE TEDAVİ DERNEĞİ” (CİSEATED). The association acts in Turkish; however the web-site and some existing Turkish records can be translated and kept in English as well, because it will be in coordination and cooperation with foreign associations with activities on similar subjects. English name of the association is “Association of Sexual Health Education Research and Treatment” (ASEHERT)
B- The beginning web-site of the association is www.ciseated.org ; in time there can be other web-sites as well. Web-sites act in both Turkish and English. Its logo is the logo indicated above. The center of the association is ISTANBUL. There is and will be no other branch of the association; it will act as one branch unless it is decided otherwise in ASEHERT Board of Management and/or General Board.
C- In the beginning, the address of the association is: ISTANBUL. By time, the center of the association will be moved to another address in Istanbul as a result of the association’s income and gain of an amount of pecuniary obligation, and this matter will be recorded in the head information book and circular, the notification of this matter will be made to the Bureau of Associations and administrative-civilian directorships. The association safe, association province documents and all books, records and documents related to the association will be kept in a convenient address the Board of Directors see proper and/or in the residence of the Chief Executive deemed convenient and/or in a safe address.
The purpose of the association and the activity subjects and methods to be implemented to achieve this purpose and the scope of its activities
Article 2: PURPOSE AND SCOPE OF ACTIVITY OF THE ASSOCIATION
1-SHORT DEFINITION: Founding purpose of the association is to do research on sexual health and human sexuality, sexual physiology, sexual dysfunctions, the treatment and causes of sexual dysfunctions at national and international levels, to perform multidisciplinary and interdisciplinary research and studies of sexual treatment and related subjects; educate the public and the society, doctors, sexual therapists, psychiatrists and psychologists, professionals of health; accomplish scientific and academic research on sexual health; undertake service of research, education and treatment about malfunctions related to sexuality; organize scientific and academic studies in cooperation with, associations abroad about the topics mentioned above. Execute scientific, academic studies and scientific research for the purpose of public sexual health promotion, protection, education and information on topics such as family therapy, family counselling, sexual therapy, protection of the family institution. Establishing family counselling centers, sexual therapy centers, and many counselling, education, research and treatment centers for promoting public welfare and protection of the family health compatible with the necessary law, statutes and circulars and legislations of the Ministry of Health and Ministry of Education.
The purpose of the association is:
1-To do research in order to enable Sexual Education, Research and Treatment activities,
2-To organize education activities like courses, seminars, congresses, scientific festivals, conferences and panels,
3-To obtain all kinds of information, document and publication, and establish a documentation center necessary to implement the purpose, to publish publications like newspapers, journals or books in accordance with its purpose in order to announce its activities,
4-To provide a healthy working environment to achieve its purpose, acquire all kinds of technical tool and equipment, stationary and fixture,
5-To organize donation activities with the statuary permits and accept domestic and international donations,
6-In order to acquire the necessary income to achieve the purpose of the statute, establish economical, commercial and industrial businesses and manage them,
7-To open local entertainment foundations, to establish social and cultural facilities and furnish them for the benefit of its members and for their leisure time.
8-To organize dining meetings, congresses, festivals, concerts, balls, exhibitions, sport, travel and entertainment activities, etc., in order to forge the relationship between members or promote its members to benefit from such activities .
9-To buy, sell or rent, chattels or real estates and reclaim ownership on real estates,
10-In order to achieve its purpose if need be, to found foundations, federations or join a federation, to found facilities that associations are capable of with the statuary permits,
11-To participate in international activities, to become members of associations or organizations abroad and to do collaborative work or aid one another, to prepare the necessary internal regulations to implement those activities,
12-In order to achieve its purpose if need be, under the Law no: 5072 on the Foundation and Relationship of Associations and Foundations with Public Institutions and Establishments, to implement collaborative projects with Public Institutions and Establishments within their related areas.
13-To create funds in order to provide its members with fundamental needs like food and clothing and other types of goods or services and to provide for their short term credit needs.
14-To open offices-branches in places where deemed necessary
15- To create platforms with other associations, foundations, syndicates or other NGOs to achieve a
common purpose in fields related to the purpose of the association and not prohibited by law.
16-To organize special education activities for the public and the lay men. For the protection of the family and the institution of family to organize education activities about basic sexual physiology, sexual health and sexual function disorders, venereal diseases, HIV-AIDS and their treatment. To organize educational events on BIRTH CONTROL, birth, abortion, healthy child care and upbringing. To plan, program and implement all kinds of educational activity related to women together with institutions domestic and abroad. To publish journals, articles, books and web sites on this topic. To organize seminars, workshops, educational sessions, conferences, panels, symposiums. To organize long or short term paid courses, seminars, conferences, workshops, etc., comprising of different modules and education Programmes in state or private universities for the university students. With the hypothesis to protect Turkish family structure and the institution of family to organize special seminars, lectures, conferences, courses, workshops, paid educational Programmes and to prepare regulations within the association in order to implement those activities,
17-To organize various paid educational Programmes, workshops, seminars, long and short term courses, conferences, congresses for public and youth over 21 years old, about sexual educational topics like TANTRA and Far Eastern sexuality and sexual techniques, ESR (Expanded Sexual Response) etc. As a start, to give special seminars, education about sexual function disorders like vaginismus and anorgazmi as stated in the web site www.tantraakademi.com. To do scientific, academic research, education and studies in order to realize a happier, more harmonious and pleasurable relationship and ‘a happy family institution’,
18- To implement activities in health, cultural , educational and social fields; To organize dining meetings, congresses, festivals, concerts, balls, exhibitions, sport, travel and entertainment activities, etc., in order to forge the relationship between members or promote its members to benefit from such activities. The members of the association benefit from these activities for FREE or with a minimum fee the Board of Directors determined according to the conditions. To prepare regulations within the association in order to buy, sell or rent, chattels or real estates and reclaim ownership on real estates,
19-In order to realize these objectives to establish cooperation and coordination with specialized institutions like NACS, FIAS, SEXPO Foundation, SSSS, WAS, IASR, UNICEF, United Nations, AASECT, ISSWSH, EF; to organize joint scientific and educational studies, congresses, educational Programmes, festivals; for the graduates of these specific courses compatible with the accredited or unaccredited exams, to issue certificates as sexual therapist, sexologist, sexual health expert, sexual health coach, sexual health consultant, etc.,
20-To establish digital documentation and editing centers; film animation centers; centers for education using films; educational centers or systems that are digital, virtual or through internet. To establish elements that realize education through films, film editing, production, animation, videos and all related communication systems and visual material. To establish cooperation and coordination with parties abroad who perform education by similar digital, filmed or animated media and bring those systems to Turkey and translate them; to adopt them to Turkey and Turkish. To open museums and education centers on sexual health in compliance with the related law and regulations.
21-To create and find financial resources or sponsors to organize International Anatolian Sexual Health Congresses and to establish the foundations for these congresses. www.sexologycongress2014.com and www.sexologycongress2014.org
21-To organize the International Anatolian Sexual Health Congresses; to establish their infrastructure; to search, find, create, raise financial resources for them; to find sponsorships. To realize First International Anatolian Sexual Health Congress via www.sexologycongress2014.com and www.sexologycongress2014.org web sites and to release consecutive congresses with these or similar web sites within 2 or 3 year periods. To organize national end international Sexual Health Festival series that are free and open to public (International Sexual Health Festival-EVE Festival). To organize sexual health festivals, congresses, symposiums and similar activities that is open to public via the web site www.evefestival.org or the like.
22- SEXUS JOURNAL: To publish electronic and/or printed international scientific and academic SEXUS Journal or the like; to manage the foundation, board of referees and web activities of this journal and regular publication/printing of it. To publish similar journals and magazines for the public. To manage financial establishments and sponsorship relations for these activities. To publish via the present web site of Quarterly Journal SEXUS that will be released quarterly together with the start of Anatolian Congresses: to buy the web sites www.sexusjournal.com and www.sexusjournal.org and update them. To publish similar national or international academic, scientific or public journals.
23- To establish health institutions in compliance with the current regulations that may do all kinds of RESERACH on sexual health, education, research and treatment; TO DO ALL KINDS OF RESEARCH in compliance with the purposes mentioned in Articles 3 and 4; to establish companies, limited companies, joint-stock companies, holding companies. The research in question may be listed as:
24-In agreement with the Ministry of Health and in compliance with the current regulations, to open treatment centers, polyclinics, sexual therapy centers, and treatment institutions on sexual function disorders, sexual diseases, venereal diseases, HIV-AIDS, bacterial or viral diseases transmitted by genitalia and to manage those institutions with the support of national and international institutions. To find and recruit trained medical staff, psychologists, psychiatrists, gynecologists, urologists to these institutions; to educate both the public and the health professionals on these subject matters.
Activity Fields of the Association
The association implements national and international scientific, social and cultural activities on sexual health, education, research and treatment.
Membership and Membership procedures
Article 3- MEMBERSHIP
1- Every person or legal entity who has the capacity to act and who has the prerequisites mentioned in the regulations that accept to work in accordance with the purpose and principles of the association has the right to be a member of the association. But, the persons with a foreign nationality must have the permit for residency in order to be a member. These conditions are not required for honorary members.
2- The written application to the president of the association should be decided within 30 days and the response as refusal or acceptance is delivered to the applicant in written form. The accepted member is recorded to the log book composed for that purpose.
3- The real members of the association are the people accepted by the founding members and board of directors as members due to their application.
4- Also, individuals that can contribute benefits to the general assembly of ASEHERT and individuals and/or experts, doctors, specialized doctors, psychiatrists, psychologists, health professionals, academicians and individuals with expertize and competency that can contribute to the activities of the association, deemed convenient by the board of directors may be accepted to membership
5-Those who made important contributions to the association materially or personally may be accepted to the association as honorary members with the decision of the board of directors.
Article 4- MEMBERSHIP CANCELLATION
1-Every member has the right to cancel his association membership with a prior written petition. Petitions via e-mails are not accepted. The member has to apply with a petition in written form.
2-The removal procedure is deemed completed as the petition reaches the board of directors. Membership cancellation does not cancel the accumulated debt of the member to the association.
Article 5- MEMBERSHIP DISMISSAL
The conditions that require membership dismissal:
1-To act in violation of the regulations of the association,
2-To abstain from the appointed work load regularly,
3-To not to comply with the decisions taken by the organs of the association.
4-To lose the conditions necessary to be a member,
5-To talk negatively not consistent with the truth, to create bad, negative and incorrect information, to gossip untruthfully about ASEHERT. To damage the association’s work materially or morally.
6- To try to blockade the associations’ actions and to exercise negative actions or efforts regarding association’s running; to create divisions in a hostile manner by lobbying and conspiracy; creating hostility and division antidemocratically, lobbying in order to seize the management and/or to manipulate the purpose and activities of the association for one’s own objectives and to indulge in activities that may prevent the healthy working of the association; to start fights.
7-To indulge in unethical behavior that may be in contrary to the general sexual education and research activities of ASEHERT.
8- To abuse the purpose and activities of ASEHERT for one’s own objectives and material gain and the fact that these activities are proved by concrete evidence and court decision,
9-The drawl of money by a member of the Board of Directors from the bank accounts without the Chairman’s APPROVAL or written request will result in the cancellation of his/her Board of directors membership and the dismissal of this person’s membership from the association.
10-Not paying the annual subscription fees in three consecutive years (300 TL) after the last payment of the subscription fee.
11- To exercise behaviors that is conflicting with ASEHERT’s principles, purpose and scope.
The person will be dismissed with the decision of the Board of Directors in case of identification of any of the situations mentioned above. Individuals that drop out or that are dismissed from the association are deleted from the association’s members log book and cannot claim any rights from the association’s assets.
Article 6- ASSOCIATION ORGANS
Association organs are mentioned below. The Board of Directors and Board of Supervisors are elected by the General Assembly every three years.
2-Board of Directors,
3-Board of Supervisors,
The establishment of the General Assembly, Assembly Time and the Method of Invitation and Assembly
Article 7- ESTABLISHMENT AND ASSEMBLY
General Assembly is the most authorized organ of the association and is comprised of members registered to the association.
1-Assembles regularly at the date that is mentioned in this regulation,
2-Assembles extraordinarily within 30 days if deemed necessary by the Board of Directors or with the written request of 1/5 members of the association.
The regular general assembly assembles every 3 years, in February, at the day, place and hour which is decided by the Board of Directors.
The general Assembly is invited to the meeting by the board of directors.
If the board of directors does not invite the general assembly to the meeting, with the appeal of one of the members, the judge appoints three members to invite the general assembly members to the meeting,
The board of directors manages the list of members that has the right to participate in the general assembly according to the association’s regulations. The members who has the right to participate in the general assembly are invited at least 15 days before, by declaring the day, hour, place and agenda of the meeting in written form in at least one newspaper or at the web site of the association, by sending email to the member’s address or by sending a message to the given contact number or via local broadcasting instruments. The day, hour and place of the second meeting are also stated in this invitation, if the majority number cannot assemble. The time between the first and the second meetings can be less than 7 days or exceed 60 days.
If the meeting is delayed for reasons other than not having the majority number, this situation is declared to the members with the reasons of the delay, in compliance with the invitation methods utilized in the first invitation. The second meeting must be realized within 60 days after the date of delaying. The members are invited to the second meeting according to the principles mentioned in the first article.
The general assembly can not be delayed more than once.
The general assembly assembles with simple majority of the members who has the right to join and with the 2/3 of them in case of regulation change or the dissolution of the association; in case of not obtaining the majority majority is not required in the second meeting. But the number of members that attend this meeting can not be less than twice of the total number of the board of directors and board of supervisors.
The list of members who has the right to participate in the general assembly is kept present at the meeting place. The official IDs of the members that will enter the meeting place is checked by the board of directors and the individuals authorized by the board of directors. The members enter the meeting place by signing their signature where their name is written.
If the quorum is acheived this is recorded and the meeting is initiated by the chairman or a member of the board of directors who is authorized by the chairman. If the majority number is not acheived a written record is prepared by the board of directors.
After the opening, the meeting council is composed by electing a chairperson, enough number of deputies of the chairperson and a transcriber in order to direct the meeting.
In the elections to select the organs of the association, it is obligatory for the voting members to show their IDs to the meeting council and sign under their on the list.
It is the responsibility of the cahirperson to direct and secure the meeting.
In the general assembly only the topics of the agenda is discussed. But if 1/10 of the members present at the meeting submit a written statement of a case then it is obligatory to discuss this topic.
In the general assembly every member has only one vote; it is obligatory to use the vote personally. The honorary members may attend the meetings but they cannot vote. If a legal entity participates in the meeting then the chairman of the board of directors or a person authorized by him/her may vote.
The subjects discussed in the meeting and the decisions taken are recorded in a proceeding book and signed by the chairperson of the meeting council and the scribers. At the end of the meeting the proceeding book and other documents are handed to the chairperson of the meeting council. The chairperson of the meeting council is responsible for securing these documents and hand it to the new board of directors within seven days.
Voting and Decision making procedures of the general assembly
Article 8-VOTING AND DECISSION MAKING
If not decided contrary, the voting can be done openly in the general assembly. In the open voting, the method the chairperson of the board of directors suggests is utilized.
In secret voting, the papers signed by the chairperson of the meeting or ballot papers are put into an empty case/box terminates it is opened and counted explicitly and the result is determined. The general assembly decisions are given by simple majority. The regulation changes and the dissolution of the association can only be realized by the votes of 2/3 of the present members.
Decisions without a meeting or invitation
The decision taken by a written consent of all the members without them all assembling or the decisions of all the members taken by assembly without the meeting of the totality of all members in compliance with the invitation method mentioned in the regulations are admissible. Taking decisions in this manner is not compensatory with the stated meeting.
The Mission and Authority of the general Assembly
Article 9-The below mentioned subjects are discussed and decided by the general assembly
1-The election of the association’s organs,
2-Changing the regulation of the general assembly,
3-Discussion of the reports of board of directors and board of advisors and their submission to the board of directors,
4-Discussion and admission of the budget prepared by the board of directors with or without changing anything,
5-Buying the necessary real estates or authorizing the board of directors for selling the already acquired real estates,
6-The approval of the regulations about the activities of the association with or without making changes, by the board of directors,
7-Determination of the daily fees and transportation fees that will allocated to the members who will be assigned for the activities of the association and the salary and all kinds of allowances which will be allocated to the chairman and members of the board of directors and board of supervisors of the association who are not government officers.
8-Decission for the association’s joining or separation from the federation,
9-Association’s international activities, joining or leaving the associations or institutions abroad,
10-Founding a foundation,
11-Dissmisal of the association,
12-The decision about the other suggestions of the board of directors,
13-Implementation of other tasks that are assigned to the general assembly by the regulation,
The General Assembly inspects the other organs of the general assembly and can always remove them from office for justifiable reasons.
The general assembly makes the last decision about the acceptance to membership and dismissal from membership. As the supreme organ of the association, settles the affairs not assigned to another organ of the association and implements its authority.
Constitution, Mission and Powers of the Board of Directors
Article 10-BOARD OF DIRECTORS
The board of directors is chosen by the general assembly as 5 full members and 5 alternate members
The board of directors determines the chairman, deputy chairman, secretary, accountant and member by allocation of duties, at the first meeting after the election.
The board of directors can always call for a meeting by informing all the members in advance. It meets with simple majority of the members. The decisions are taken by the simple majority of the members that attend the meeting.
In case of any discharge due to resignation from the board of directors’ full membership or for other reasons it is obligatory to call alternate members to duty.
The Duty and Powers of the Board of Directors
The board of directors implements the below mentioned tasks.
1-To represent the association or assign one or more of its members in this regard,
2-To do the transaction regarding the income and expenditure accounting and prepare and propose the next budget to the general assembly,
3-Preparing the regulations and proposing it to the approval of the general assembly.
4-With the authority given by the general assembly to buy real estate, to sell the movable and immovable properties of the association, to construct buildings or facilities, to make rent contract, to realize mortgages or estates in favor of the association.
5-To open representative offices where deemed necessary,
6-To implement the decisions taken at the general assembly,
7-At the end of every activity year, preparing the management accounting chart or the balance sheet and income chart together with a report explaining the activities of the board of directors and presenting it to the general assembly at the meeting ,
8- Facilitating the implementation of the budget,
9-Deciding to accept or dismiss members to the association.
10-Taking and implementing all kinds of decisions in order to realize the mission of the association,
11-Implementing the other tasks and using the powers assigned,
12- To cooperate and coordinate with national and international institutions, associations and establishments on sexual health, education, research and treatment that are ASEHERT’s scope.
13-To take all kinds of decisions in order to realize the association’s mission and implement them.
14- To realize all the mission and activity of ASEHERT mentioned in this constitution.
15-To organize all national and international scientific activities, congresses and festivals that ASEHERT will do on sexual health, education, research and treatment, by finding and creating financial resources.
Constitution, Mission and Powers of the Board of Supervisors
Article 11-BOARD OF SUPERVISORS
The board of directors is chosen by the general assembly as 3 full members and 3 alternate members
In case of any discharge due to resignation from the board of directors’ full membership or for other reasons, it is obligatory to call alternate members to duty.
The Mission and Powers of the Board of Supervisors
The board of supervisors inspects: if the association is operating in accordance with the mission and tasks mentioned in the constitution of the association in order to achieve its mission; if the book, accounting and records are kept in accordance to the regulations and constitution of the association; according to the principles and methods stated in the constitution of the association, with intervals not exceeding a year and presents the results of the inspection to the board of directors and to the general assembly when it meets.
The Board of supervisors calls the general assembly to meet if necessary.
Income Sources of the Association
Article 12-REVENUE SOURCES OF THE ASSOCIATION
The revenue sources of the association are listed below:
1-Subscription Fee: For subscription 100 TL and monthly 8.5 TL (102 TL ANNUALY) is taken from members the general assembly is authorized to increase or decrease those numbers.
2-The donations and aids taken with the free will of the real or legal persons.
3-The revenues that are obtained from activities organized by the association like tea parties, dinned meetings, travels and entertainment, live performances, concerts, sport contests and conferences
4-The revenues that come from the property holdings of the association,
5-The donations and aids that are taken in accordance with the legal provisions of fund raising.
6-The revenues that come from the commercial activities initiated for realizing the necessary income in order to achieve its purpose.
7- The management revenues of the movable or immovable property. Taşınır ve taşınmaz malların işletme gelirleri.
8-Bank deposit rates.
9-The revenues that come from the sales of journals, periodicals, brochures, books, post cards, cassettes, video cassettes, DVDs, CDs , etc. that are produced by the association or whose copy rights are ceded to the association.
10-The revenues that come from the registration fees and hotel accomodation sales of all kinds of scientific meetings like congresses, conferences, seminars, panels and workshops; meetings and organizations for educational purposes or social and cultural meetings like tea party, ball, kermes, lottery, festival and dinning meetings.
11-The revenues that come from the commercial activities that the association initiates in order to obtain the necessary income to achieve its purpose.
12-The revenues that come from the economical-commercial businesses, all kinds of companies, educational establishments, institutes, polyclinics and health institutions that are established in compliance with the current regulations, in order to implement the mission of the association.
13-The revenues that are obtained at participation in International Anatolia Congress Series or other congresses or scientific activities and the consecutive festivals for various reasons, like all kinds of registration fees, stand sales, accommodation fees and food-drink sales, etc.
14-The revenues that come from all kinds of education, like courses, seminars, supervisions, post-graduate trainings, etc., given to public or health professionals, mentioned in the constitution in the related part.
15-All the revenues that come from various kinds of education, treatment and commercial activity.
16-All other types of revenues that although not mentioned in the constitution, has the potential to be a revenue source in the future and which can be added with the decision of the Board of Directors and with the approval of the General Assembly.
The principles and methods of keeping an accounting book for the association and the books to be kept
Book keeping principles;
The book is kept according to the business accounting principle. But, in case of an exceeding of the gross revenue under the 31st Article of the Regulation of Associations, the book is kept according to the balance sheet principle, starting from the next accounting period.
In case of passing to balance sheet principle, if the revenue drops below the level mentioned above in two consecutive accounting periods, then business accounting principle can be reinitiated.
Accounting book can be kept according to the balance sheet principle with the decision of the board of directors, notwithstanding the limit mentioned above.
If the association establishes a commercial business, additionally an accounting book under the provisions of the Tax Regime Law is kept for this commercial business.
Registry Book Keeping Method
The registry book keeping is done in accordance with the methods and principles stated under the Associations Regulation.
Registry Books to be kept
The below stated registry books are kept in the association.
a) The registry books to be kept under the business account principle and the principles to follow are as below:
1-Decission Registry Book: The decisions of the board of directors are written in this book with the date and the number sequence and the members that attend the meeting sign under the decision.
2-Member Registry Book: The ID information and the registration and dismiss date of the members are kept in this book. The membership and annual subscription fees can also be recorded in this book.
3-Document Registry Book: The incoming and outgoing documents are registered in this book with the dates and a sequence numbers. The original of the incoming documents and a copy of the outgoing documents are filed. The documents that are sent or received via email are kept by taking a printed copy.
4-Business Accounting Book: The incomes taken and expenditures made for the association are kept in this book openly and regularly.
5-Receipt Registry Book: The serial and sequence numbers of receipt documents, names, surnames and signatures of the persons who took or gave the receipt together with the date of taking or giving the receipt are registered in this book.
6-Fixed Assets Registry Book: The acquisition date and method of the fixed assets of the association together with the place where it was given or is used and the expired ones are registered in this book. Receipt Registry Book obligatory to keep.
b) The registry books to be kept by the balance sheet principle and the principles to be followed are as below:
1-The registered books in the 1, 2 and 3. subparagraphs of (a) are kept also in case of bookkeeping under the balance sheet principle.
2-Daily Wage Book and The Big Book: The method of keeping this book and registry type is under the Tax Regime Law and the General Notice on Accounting System Implementation which was released with the authority given to the Ministry of Finance by this Law .
Ratification of the Registry Books
The registry books that are obligatory to be kept at the association (except the big book), should be ratified by the City Associations Directorate or the notary. Until the pages finish, these registry books are continued to be used and no intermediary ratifications are done. But, the Daily Wage Book which is kept according to the balance sheet principle should be ratified every year, the last month before the year it will be used.
Revenue Chart and balance Sheet Management
In case of registry keeping according to the business account principle, “Business Account Chart” is managed at the end of the year (31 December) (as stated in Associations Regulation, Appendix-16). In case of book keeping according to the balance sheet principle, the balance sheet and revenue chart is prepared under the General Notice on Accounting System Implementation released by the Ministry of Finance at the end of the year (31 December).
Revenue and Expenditure Transactions of the Association
Article 14- REVENUE AND EXPENDITURES, DOCUMENTS
1-Revenue and Expenditure Documents;
The revenues of the association are collected with a “Voucher” (an example is shown in the Associations Regulation, appendix-17). If the association’s proceeds are collected via banks, then the documents prepared by the banks like account summary document is accepted as a receipt. The association’s expenses are done with expenditure documents like a bill, retail sales slip or free professional receipts. But for the expenses that are under the 94. Article of the Income Tax Law, “expense voucher” according to the provisions of the Tax Procedure Law, “Charge Slip” or “Bank Receipt” for the expenses that are not under it (stated in the Associations Regulation, Appendix-13), can be used as expense documents.
The delivery of free goods and services to the institutions and organizations (stated in Associations Regulation, Appendix-14) are done with “material aid delivery document”. The delivery of free goods and services to the association by individuals, organizations or institutions is accepted by “Material Donation Receipt Document” (stated in the Associations Regulation, Appendix-15).
These documents are printed in the form and size shown in Appendixes-13, 14 and 15, as volumes composed of fifty originals and fifty coupons with carbon copy papers, with serial and sequence numbers, or as forms or permanent forms that can be printed by electronic systems or printers. The documents that will be printed as forms or permanent forms should have the necessary qualifications.
The “receipt documents” that will be used in collecting the revenues of the association (with the size and form stated in Associations Regulation, Appendix-17) is printed by a printing house with the decision of the board of directors.
The related provisions of the Associations Regulation are implemented in matters regarding the printing and control of the receipt documents, their receiving from the printing house, their registry in the book, the handover between the new and old accountants, receipt document and the use of these receipt documents by the individuals who will receive revenues on behalf of the association and the submission of these revenues.
Persons that will collect revenues on behalf of the association are chosen with the decision of the board of directors by stating the duration of authorization. The “authorization document” that has the ID information, signature and photographs (stated in the Associations Regulation, Appendix-19) is prepared as two copies and approved by the Chairman of the association. The full members of the board of directors may collect revenues without the authorization document.
The duration of the authorization document is determined as one year the most. The expired authorization documents are renewed according to the first clause. It is obligatory to return the authorization documents back to the board of directors within one week, in case of expiry of the document, dismissal or death of the person the document is authorized for. Also, the authorization for collecting revenues can always be cancelled with the decision of the board of directors.
The Reservation Duration of the Revenue and Expenditure documents;
The receipt, expenditure and other documents that are used by the association, except the registry books, are conserved for 5 years in accordance to the number and date sequence within the books they are registered without prejudice to the duration stated in specific regulations.
2-Expenditures of the Association:
A-The General Expenditures of the Association:
1-The rent, electricity, internet, ADSL, telephone, gsm, natural gas, water, heating, apartment allowance, of the center address of the association
2- The rent, electricity, internet, ADSL, telephone, gsm, natural gas, water, heating, apartment allowance, of the centers, education places and flats that the association will rent for its activities.
3-Management and office expenditures
5-Fixed assets expenditures.
6-Publication and correspondence expenditures.
7-All the expenditures of every activity, compatible with the purpose of the association that the board of directors assesses.
8-All kinds of web site expenditures and spending.
9-All kinds of general expenditures on publication.
B-Private Expenditures of the Association:
1-Expenditures that are billed by congress companies or by companies that organize infrastructure for congresses, festivals, scientific activities, seminars, trainings; expenditures on congress services.
2-All kinds of expenditures in all kinds of possible activites for education, rental expenditures.
3-All kinds of expenditures in all the projects and activities that are developed for sexual health, education, research and treatment in order to realize its special purposes.
4-All kinds of expenditures for acquiring and maintaining vehicles for the implementation of the activities of the association (maintenance, gas, diesel, etc.)
5-Billed purchasing expenditures of all necessary materials, equipments, machines, computers, computer accessories, laptops, projectors, sound systems, simultaneous translation systems, amplifiers, speakers, amplified mixers, holographic sound and image systems PURCHASED AND/OR RENTED for the association activities in congresses, festivals, scientific-cultural-social events.
6-The payments to the experts in order to actualize the activities stated in the constitution of the association. Payments done by the board of directors for unskilled or skilled human labor like technical work, consultancy or labor for an activity that requires a certain expertise and a certain amount of time.
7-Payments done to the employees recruited for long or short term with salary (secretary, scientist, researcher, surveyor, congress or festival committee attendants) in order to realize the association’s activities.
8- Transportation and accommodation expenses of other scientists, researchers or educators that come from within Turkey or abroad.
C-Other expenses of the association:
All kinds of extra expenses that the association must pay, not written in this section but may suddenly pop up, in order to realize the purpose of the association for protecting the family and for the common good, within ASEHERT’s scope in sexual-health, education and research. All kinds of expenses and payments that may be related to realizing these purposes.
Article 15-DECLERATION FORM
“Declaration Form” about the annual results of the activities and revenue and expenditure transactions of the previous year (present in the Associations Regulation, Appendix-21) is filled by the board of directors and submitted to the civil administration authorities within the first four months of the year by the chairman of the association.
Announcements to be submitted to the civil authorities;
General Assembly Decisions Announcement
Within 30 days after the regular or irregular general assembly, the General Assembly decision announcement that includes the full and alternate members elected to the board of directors, supervisors and other organs (as stated in the Associations Regulation, Appendix-3). In case of regulation change in the general assembly; general assembly meeting proceedings, the new and old form of the articles changed, the last form of the regulation every page signed by the simple majority of the members of the board of directors is submitted to the civil administrative authorities as appendix to an announcement in written form within the time limits stated in this article
Announcement of Real Estates
The real estates acquired by the association are announced to the civil administrative authority within 30 days after their registration at the land registry Office (as stated in the Associations Regulation, Appendix-26).
Announcement for receiving donations from abroad
In case of receiving donations from abroad “Notification for Receiving Donation from Abroad” is filled and submitted to the civil administrative authorities before receiving the donation (as stated in the Associations Regulation, Appendix-4).
It is obligatory to receive cash donations via banks and fulfill the announcement procedures before using it.
Announcement of Changes
The change in the location of the association by filling “Announcement for Location Change” (stated in the Associations Regulation, Appendix-4); the change in the organs of the association except the general assembly (stated in the Associations Regulation, Appendix-25) by filling “Announcement for Change in the Association’s Organs) is announced to the civil administrative authority within 30 days after the change is made. The changes in the constitution of the association are submitted to the civil administrative authorities as an appendix to the general assembly resolution within 30 days after the general assembly meeting where the changes are made.
The association may open agencies where it deems necessary with the decision of the board of directors in order to implement the activities of the association. The address of the agency is announced in written form, to the civil administrative authority of that region by the person or persons authorized with the decision of the board of directors.
Internal Inspection of the Association
Madde 18- INTERNAL INSPECTION
Altough the inspection in the association can be made by the general assembly, board of directors or the board of supervisor, independent inspection organizations can also be assigned for this. Inspection by the general assembly, board of directors or independent inspection organizations does not cancel the responsibility of the board of supervisors for inspection.
Inspection of the association is realized by the board of supervisors every year at least once. The general assembly or the board of directors can do inspection if deems necessary or assign independent inspection organizations for this purpose.
Indebtment Methods of the Association
The association can take loans if necessary with the decision of the board of directors in order to fulfill its mission and implement its activities. These loans may be in the form of acquiring goods and services with credit or in cash. But these loans cannot be in amounts that cannot be paid by the association’s resources or that may put the association in a difficult situation regarding the payment.
The changing of the constitution
Article 20- CONSTITUTION CHANGE
The constitution change can be made with the decision of the general assembly.
In order to make a change in the constitution, 2/3 of the members that has the right to attend the general assembly are required. In case of postponement of the meeting due to not obtaining majority, majority is not needed in the second meeting. But, the number of members that participate in this meeting cannot be less than twice the number of members of the board of directors and supervisors.
Decision majority needed for constitution change is 2/3 votes of the members that has the right to attend the meeting and vote. In the general assembly constitution change is done openly.
The Duties of the Members in the board of directors
Article 21-DUTIES OF THE MEMBERS IN THE BOARD OF DIRECTORS
1-The Duties of the Chairman; Definiton: Chariman of the association directs the association and the board of directors. He/she directs all kinds of administrative activities for the implementation of the constitution, the realization of the necessary meetings, invitation of individuals to the meetings by e-mails, all kinds of administrative activities for the actualization of objectives and mission regarding sexual health, education and treatment, required to realize that are written in ASEHERT’s constitution
A-He/she manages the association and the board of directors.
B- He leads the board of directors’ meetings and founder member meetings.
C-He inspects the work of comissions that are established by the board of directors, management comittees and members that are assigned for various tasks.
D- When he is not available he assigns the deputy chairman for his Office.
E- He calls the board of directors to the board of directors meetings by email and/or telephone; he leads the board of directors meetings and votes for the decisions to be taken.
2-The Duties of the deputy chairman; Definition: When the chairman is not available, in case of sickness or other kinds of human conditions, he/she can take the place of the chairman with his permission and knowledge.
The Mission and Powers of Deputy Chairman
A- He/she is responsible to the Board of Directors. He participates in the meetings of the board of directors and votes for the decisions to be taken.
B-He completes the tasks assigned by the board of directors or by the general assembly.
C-He represents the chairman if he is not present.
3-The duties of the general secretary; Definition: Secretary is the member responsible from all kinds of secretariat, correspondence and archiving.
The Mission and powers of the General Secretary;
A-He is responsible to the board of directors and the chairman.
B- He organizes the meetings of the board of directors together with the chairman.
C- Together with the chairman, he writes the proceedings and decisions of the meetings.
D- He administers the tasks assigned by the decision of the board of directors stated in the Associations and Foundations Regulation or the newly defined tasks or tasks assigned by the chairman, and notifies the Board of Directors and the chairman about the results.
E-Implements the correspondences of the board of directors together with the Chairman.
F-He secures the discipline among the employees working in the office as their chief.
G- He prepares the term working report of the Board of Directors and presents it to the General Assembly.
H- He attends the meetings of the board of directors and votes for the decisions.
4-Duties of the Accountant; Definition: The accountant implements the monetary and financial transactions of the association together with the chairman. Makes investigations about this and prepares the monetary and financial report of the association. In order to implement all of his duties he should take the written and oral orders and PERMISSION of the Chairman.
He is responsible to the Board of Directors and the chairman. He cannot implement financial transactions by himself alone, without the knowledge, initiative, and oral and written order or PERMISSION of the chairman.
Duties of the Accountant;
A-Implements the transactions about the movable or immovable properties of the association, under property directives.
B-Records the revenues of the board of directors in the related log books do the expenses together with the chairman.
C- Takes necessary precautions for preserving the value of the monetary accumulation of the association.
D-Ensures the implementation of the budget and examines the results.
E-Arranges the payroll and SSK entrance-exit forms of the staff of the association makes the payments for taxes, SSK and salaries.
F- Arranges the specifications, contracts about the works to be done and presents it to the vote of the Board of Directors.
G-Receives or gives valuable documents like receipt, cheque, pay slip, invoice, bill, voucher, etc., with a signed written document.
H-Collects money on behalf of the association with a receipt, and expends with pay slips or notary confirmed expenditure documents. Signs the cancellations by writing the reasons and submits it to the chairman for ratification.
I-Makes the spending that are exceeding the amount determined by the board of directors with the decision of the board of directors.
J-Withdraws the deposited money of the association which is staying at an institution like a bank or a postal cheque account, together with the chairman of the association being present with him. Receives the donations on behalf of the association with donation document and with the confirmation of the chairman.
K- Keeps all kinds of valuable document and Money in the safe of the association with the approval and knowledge of the chairman.
L- Registers the money withdrawn from the bank together with the chairman and secures it in the safe. Hands the Money from the safe after registering it in the safe log book, in exchange with signature, with the knowledge and CONSENT of the chairman. The association safe is located in a secure address decided by the board of directors or at the residency of the chairman.
M- Joins the meetings of the board of directors and votes for the decisions.
Dissolution of the Association and the method of Clearance of its properties
The general assembly can always decide in the dissolution of the association.
For the dissolution to be discussed at the general assembly, 2/3 of the members who has the right to attend the meeting must be present. If majority cannot be achieved and the meeting is postponed, majority is not required in the second meeting. But, the number of the members attending this meeting cannot be less than twice the total number of members of the board of directors and supervisors.
Decision majority needed for dissolution is 2/3 votes of the members that has the right to attend the meeting and vote. In the general assembly decision for dissolution is done openly.
When dissolution decision is given by the general assembly the clearance of the money, property and rights of the association is executed by a dissolution committee composed of the members from the last board of directors. These procedures begin from the date when the general assembly decision about the dissolution was taken or when the automatic dissolution status becomes definite. During the dissolution period, “Sexual Health Education Research and Treatment Association in Dissolution State (Dissolution-ASEHERT)” expression is used in all the transactions for the association.
Dissolution committee is in charge of and authorized to complete the clearance transactions in accordance with the regulations regarding the association’s money, property, and rights. This committee first of all investigates the accounts of the association. During this investigation the registry books, receipt books, expenditure books, real estate registry and bank documents and other documents are listed and all the properties and obligations are recorded in protocol. During the dissolution process the creditors of the association are called and if there is any property, they are transformed into cash and the debts are paid to the creditors. If the association is the creditor then the loans are collected. All the money, property and rights left after the clearance of the debts and credits are handed over to the place/entity determined at the general assembly. If such a place cannot be determined at the general assembly it is handed over to the association that has the closest purpose and most members at the date of the dissolution in the city where the association is located.
All the transactions about the dissolution are shown in the dissolution protocol and the dissolution process is completed within three months, except the additional time given by the civil administrative authority due to justifiable reasons.
After the completion of the clearance and hand over of the association’s money, property and rights, the situation is declared by the dissolution committee, to the civil administrative authority where the association’s center is located, and it is obligatory to attach the protocol to this declaration in written form.
The last board of directors as the dissolution committee is responsible for keeping the registry books and documents of the association. This duty may also be given to a member of the board of directors. The duration of safeguarding these books are five years.
Lack of decision
Article 23-LACK OF DECISSION AND RELATED REGULATIONS
In matters that are not stated in this constitution, Association Law, Turkish Civil Law, and the Associations Regulation which was issued under these legislations and the provisions on associations that exist in other related legislation are implemented. These legislations and regulations are as stated at the web site address: www.dernekler.gov.tr
Temporary Article 1- Until the organs of the association are composed at the first general assembly, the temporary board of directors that will represent the association and implement the procedures and transactions related to the association are stated as below:
This constitution is comprised of 23 (twenty three) articles and 1 (one) temporary article.