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Establishment of Association in Turkey offers a straightforward path to form a legal entity that aligns with collective purposes, social goals, or professional interests. This guide provides detailed insights into the steps, requirements, and legal considerations for founding an association in Turkey. Whether you’re a foreign investor, a non-governmental organization (NGO), or a local group aiming to work within a legal framework, understanding the process of association establishment is crucial.
An association (Dernek) in Turkey is a legal entity formed by at least seven individuals who come together for a common purpose, provided it is legal and non-profit. It functions similarly to non-governmental organizations (NGOs) in many other countries and can carry out a range of activities, from charitable work to cultural and educational programs.
Associations are governed under Law No. 5253 on Associations and Turkish Civil Code No. 4721, ensuring that they operate transparently and comply with national laws.
In Turkey, associations can be categorized as:
The first step in establishing an association is drafting its articles of association (tüzük). This document defines the association’s name, purpose, management structure, and operational rules. It must also comply with the Turkish Civil Code.
Key elements to include:
An association in Turkey must have at least seven founding members, who may be Turkish nationals or foreigners legally residing in Turkey. Each founding member must be committed to the association’s purpose and sign the articles of association.
The association must have a physical address in Turkey. The headquarters will serve as the official registered address for all communication and legal purposes.
After the articles of association are prepared and signed by all founding members, the next step is to submit an application for registration to the Governor’s Office (İl Dernekler Müdürlüğü) in the province where the association’s headquarters are located.
Documents required for the registration process include:
Once the application is submitted, the authorities review it for compliance with the law. If all the documents are in order, the association is registered within 60 days, after which it becomes a legal entity.
Once the association is officially registered, it can open a bank account in its name. This is essential for managing the financial activities of the association, including receiving donations and grants.
After registration and the opening of a bank account, the association can begin its activities. The association must adhere to the legal obligations regarding financial transparency and report its activities annually to the authorities.
Associations are required to operate within the framework of Law No. 5253 on Associations. This includes holding regular general assembly meetings, maintaining accurate membership records, and ensuring transparency in financial matters.
Every association must submit an annual activity report to the Directorate of Associations. This report outlines the activities carried out during the year, including financial statements, memberships, and projects.
Associations are generally exempt from taxes because they conduct non-commercial activities. However, if an association conducts commercial activities, the profits it makes may be subject to tax under Turkish tax laws. They may also have to pay withholding tax on properties rented for needs such as administrative offices. Associations must pay income withholding tax and social security premiums for their professional employees. Public benefit associations may benefit from additional tax exemptions.
The association must establish clear rules for membership, including the application process, membership fees, and the rights and responsibilities of members. Membership must be open to all individuals who share the association’s goals, without discrimination.
The Turkish government reserves the right to audit associations, particularly regarding their financial transactions. Regular inspections ensure compliance with the law and help maintain public trust in the association.
The Foreigners can establish an association in Turkey under certain conditions. According to Turkish law, foreigners who have legal residency in Turkey have the right to establish or become members of associations, just like Turkish citizens. However, there are a few important considerations:
Legal Residency: Foreign individuals must have legal residency in Turkey to establish or participate in an association. Those without residency cannot be founding members.
Compliance with Turkish Law: Foreigners must comply with Law No. 5253 on Associations and the Turkish Civil Code. This includes adhering to the general requirements, such as having at least seven founding members and preparing the necessary documentation.
Permission for Foreign Organizations: If a foreign association or organization (e.g., an international NGO) wants to establish a branch or operate in Turkey, they must obtain special permission from the Ministry of Interior.
Restrictions on Activities: Like domestic associations, foreign-founded associations in Turkey are required to carry out lawful, non-profit activities. Political or religious activities that conflict with Turkish laws or public order may face restrictions.
Associations in Turkey operate in diverse fields to fulfill social objectives. Their activities span various sectors, including education, healthcare, sports, and environmental protection. To sustain these activities, associations can draw from several income sources:
Establishing an association in Turkey is a well-regulated process that offers numerous advantages for both local and foreign entities. By understanding the legal requirements, operational framework, and financial obligations, you can successfully form an association that operates effectively and contributes to society.
If you’re considering establishing an association in Turkey, consulting with a local legal advisor can help ensure compliance with all legal provisions and smooth the registration process.
A&M Consulting Co. is a Consulting Company that specializes in providing end-to-end association establishment and management services, especially for foreign individuals and global associations who want to establish an association in Turkey.
We continue to offer cost-effective solutions that will facilitate global associations and individuals who want to establish an association in Turkey smoothly and quickly, to fully comply with local legislation and to access tax exemptions.
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Yes, foreigners can establish an association in Turkey, provided they have legal residency and meet the same requirements as Turkish nationals.
The costs primarily involve registration fees, documentation expenses, and any costs associated with renting a headquarters for the association.
The registration process typically takes 15-30 days from the date of submission of all required documents.
At least seven founding members are required to establish an association in Turkey. These members must be individuals who are eligible under Turkish law.
Yes, foreigners with legal residency in Turkey can establish or become members of an association, as long as they comply with Turkish laws. Foreign associations looking to operate in Turkey need special approval from the Ministry of Interior.
To establish an association, you must draft the articles of association, have at least seven founding members, designate a headquarters in Turkey, and apply for registration at the Governor’s Office.
The main types of associations include:
Key documents include:
Associations are generally exempt from Corporate Income Taxes on non-commercial activities. However, if an association engages in commercial activities the profits from these activities may be subject to taxation. Additionally to be hired emloyee’ and hired any property subjeft to Withholding Tax & Social Security Contrubution liabilities.
Associations must submit an annual report to the Directorate of Associations, detailing their activities, financial statements, and any changes in membership or leadership.
Public benefit associations may receive special tax exemptions, can accept donations from local and international sources, and have additional privileges in terms of funding and partnerships with government bodies.
Yes, associations in Turkey can receive international funding, but they must report such funding to the authorities as part of their financial transparency requirements.
Yes, but only if the commercial activities are related to the association’s main objectives. Any profits generated must be used to further the association’s goals, and such activities may be subject to taxation.
Membership rules must be clearly outlined in the association’s articles of association. Membership must be open to individuals who share the association’s goals, without discrimination.
Associations are typically governed by a general assembly (consisting of all members), a board of directors (responsible for management), and an audit board (responsible for financial oversight). The structure and decision-making processes are outlined in the articles of association.
Associations that violate Turkish law or operate outside of their stated purpose can face sanctions, including fines, suspension, or dissolution by the authorities.
Yes, but they must obtain special permission from the Ministry of Interior. The foreign organization must comply with Turkish regulations governing foreign entities.
Associations are required to hold general assembly meetings at least once every three years, but this can vary depending on the association’s bylaws.
Yes, associations can collaborate with government bodies and other public institutions, especially if they serve the public interest. Public benefit associations, in particular, often engage in such partnerships.
The Directorate of Associations is the government body responsible for overseeing and regulating associations. It ensures compliance with laws, reviews annual reports, and handles the registration and dissolution of associations.
Yes, an association can be dissolved voluntarily through a decision by its general assembly, as outlined in its articles of association. The dissolution process must follow legal procedures and be reported to the relevant authorities.
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