STATUTE OF POSITIVE LIVING ASSOCIATION
ASSOCIATION’S NAME AND ITS CENTER
The name of the association is Positive Living Association. The association is based in İstanbul.
ASSOCIATION’S OBJECTIVE, WORK CONDITIONS AND FORMS TO BE ADOPTED TO ACCOMPLISH THIS OBJECTIVE, AND ITS SCOPE
The association was founded with the objective of establishing a communication network among people living with HIV/AIDS in order to facilitate their access to treatment, conducting practical and general informing studies that will improve their life quality, ensuring their and their relatives’ physical, mental and social empowerment, pursuing the required prevention and fight by advocating for their rights violation and ensuring social awareness for HIV/AIDS, actual execution of human and patient rights secured by international agreements, prevention of rights violation, detection of existing rights violation, prosecution on behalf of association’s legal entity or its members to cease or monitor the violations, partaking in the lawsuit and taking every legal step, and facilitating the members’ finding justice.
Study Topics and Procedures To Be Exercised By The Association
a-Information and Communication Network Establishment: To create confidential databanks specific to our association to the extend permitted by law and regulations in order to be informed about issues such as difficulties people living with HIV/AIDS experience, their conditions they want to share, their critically important information (age, gender, transmission ways and so on), treatment and medication behaviors, course of disease. To adopt assessment and evaluation techniques, prepare reports, share this information with public, conduct surveillance studies and establish the necessary communication channels to reach people living with HIV/AIDS. For this purpose; to create a HOT-LINE offering counseling service, website, bulletin networks and databases, to establish joint communication networks with national and international institutions and organizations to provide the most accurate and satisfactory information for people living with HIV/AIDS, subscribe to existing existing networks, create top formations if necessary, and develop policies with relevant authorities by creating analysis and evaluation criteria.
b- Advocacy: To take all steps under the law to protect, advocate and improve the legislated rights of people living with HIV/AIDS and their relatives. To prevent discrimination against people living with HIV/AIDS in their social activities and particularly during their treatments, and inform all walks of life and public. In this regard, to take steps and perform activities in order to prevent discrimination and maintain equality in workplaces, public offices, health and educational institutions, media and daily life. To cooperate with public and private institutions for protection and improvement of the rights of people living with HIV/AIDS and their relatives, and to this end, to organize people living with HIV/AIDS and their relatives. To conduct studies that will alert the authorities about health care and policy practices of state and political authority. To take steps in ensuring absolute confidentiality by all public and private institution employees about provided personal data and records during counseling, testing and treatment, and to prevent sharing and disclosure of this information via media, and facilitate the lives of people living with HIV/AIDS.
c-Easy Access To Treatment: To take all steps and conduct facilitating activities to ensure easy access to treatment under equal terms regardless of race, language, religion, nationality, gender, sexual orientation, class or social status of people living with HIV/AIDS. To strive for facilitation of testing and diagnosis processes, cooperate with relevant centers, or establish financial organizations.
d-Solidarity and Mutual Aid: To increase solidarity and mutual aid between people living with HIV/AIDS, their relatives, state and society. To ensure mutual aid and cooperation among people living with HIV/AIDS. To provide counseling services for people living with HIV/AIDS and their relatives, establish centers to provide psychological, social, legal and medical support. Offer services such as providing medication from abroad or within the country, donation, stockpiling, distribution, exchange. To make in-kind and in-cash donations to associations, institutions, organizations serving with this purpose, and helpless people diagnosed with HIV Positive.
To establish financial organizations if necessary, create charity funds and funds to provide financial aid.
e- Education Services:
To accomplish these objectives, the association may apply to national/international funds, conduct source creating activities and develop projects. The association may hire personnel to carry out the projects. The association may provide financial aid and form partnerships in accordance with its objectives. On condition of meeting the legal conditions and obtaining required permits, the association may affiliate with other relevant international organizations with the executive board’s decision, or disaffiliate.
Activity Field of the Association
The association operates in the field of people living with HIV/AIDS and HIV/AIDS Disease.
All legally qualified natural and legal persons with legal capacity, who accepts working in this field by espousing the objective and principles of the association are eligible to become members of the association. However, foreign natural persons must hold a valid residency permit in Turkey to become a member. This term is not be required for honorary memberships.
The association has two membership types: Permanent Members and Honorary Members.
a- Honorary Members: As per executive board’s suggestion, honorary membership may be granted to those who are known to be close with the association, contribute to association’s objectives, whose membership would be an asset and honor to the association. Honorary members do not have the right to vote. They are allowed to speak in all association meetings to benefit from their opinions. Honorary membership may also be granted to foreign nationals.
B-Permanent Members: Permanent membership requirements:
2)Knowledge of sexually transmitted diseases such as HIV/AIDS, inquisitiveness, volunteerism to participate in various activities. Eligible persons who wish to become a member of the association shall meet the conditions designated by general board and submit their application form.
The written membership application to the Association Committee is finalized within 30 days and the response as refusal or acceptance is delivered to the applicant in written form.
Association members have equal rights. Each member is eligible to join the General Board, vote, elect and be elected. Members cannot vote by proxy. Members cannot partake in the votings regarding themselves. No one can be forced to become a member nor remain a member of the association.
Every member has the right to cancel their association membership with a prior written petition. The cancelation procedure is deemed completed as the petition reaches the executive board. Membership cancelation does not cancel the accumulated debt of the member to the association.
Members are obliged to obey the law and statute provisions and authorized board decisions, fulfill the tasks assigned by Executive Board, pay the membership fees on time or as per written notices within six months, behave in accordance with association’s objectives and principles, avoid attitude and behaviors compelling the execution of these objectives and principles, maintain, increase and consider the prestige of association’s legal entity.
Those who fail to fulfill their obligations shall be warned in writing by Executive Board. Despite the warning, members who fail to fulfill their obligations without a justified apology within 30 days, put the association under obligation by making savings not authorized by the executive board, lost the conditions necessary to be a member will be dismissed from membership with the decision of Executive Board.
Individuals that resigned 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.
BODIES OF THE ASSOCIATION
Bodies of the association are mentioned below.
All qualified members of the association shall partake in General Board with the right to vote. Executive Board and Supervisory Board have been formed to manage the activities of the association and supervise the activities of Executive Board as per procedures to be stated in future.
FORMATION, MEETING TIME, INVITATION AND MEETING PROCEDURES OF THE ASSOCIATION’S GENERAL BOARD
General Board is the supreme body of the association and comprised of registered members.
1-Convenes biannually in March,
2-Convenes extraordinarily within 30 days if deemed necessary by Executive Board and Supervisory Board, or with the written request of 1/5 members of the association.
General Board is invited to the meeting by Executive Board. If Executive Board does not invite General Board to the meeting, with the appeal of one of the members, the judge appoints three members to invite General Board members to the meeting.
Executive Board prepares the list of members that has the right to participate in the general board meeting according to the association’s statute. The members who are eligible to participate in the general board meeting are invited at least 15 days before, by declaring the day, hour, place and agenda of the meeting in written form in a newspaper or via e-mail. If the required majority cannot be achieved, the day, hour and place of the second meeting are also stated in this invitation. The time between first and second meetings cannot be less than 7 days or exceed 60 days.
If the meeting is delayed for other reasons, this situation is declared to the members with the reasons of delaying, in compliance with the invitation procedures exercised 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.
General Board meeting cannot be delayed more than once.
Place Of Meeting
General Board meetings are held at the association center, or the meeting is held at the place announced in the newspaper if the center won’t suffice,
Quorum For Meeting
General Board assembles with one more than half of the members who have the right to join according to the association’s statute. If majority cannot be achieved, majority is not required in the second meeting. But the number of members that attend this meeting cannot be less than twice the total number of Executive Board and Supervisory Board members.
VOTING AND DECISSION MAKING PROCEDURES OF GENERAL BOARD
If not decided contrary, secret voting is exercised for election of Executive and Supervisory Board members, and voting for other topics are done openly.
In secret voting, the papers signed by the chairperson of the meeting or ballot papers are put in an empty case, when voting ends, papers are opened and counted explicitly, and the result is determined. In open voting, the method the chairperson of the executive board suggests is utilized. Decisions of the general board meeting are given by simple majority. Statutory changes and dissolution of the association can only be realized by the votes of 2/3 of the present members.
Participating members sign next to their names on the list prepared by Executive Board. If the quorum is achieved, this is recorded and the meeting is initiated by the chairperson or an Executive Board member authorized by the chairman. 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 lead the meeting. Chairperson leads the meeting. Transcribers prepare the meeting record and sign it with the chairperson. At the end of the meeting, the meeting record and other documents are handed to Executive Board and kept at the association. Only the topics of the agenda are discussed at the general board meeting. If there are topics requested to be discussed by 1/10 of the members present at the meeting, then it is obligatory to discuss these topics.
DUTIES AND AUTHORITIES OF GENERAL BOARD
The subjects mentioned below are discussed and decided by General Board.
1-The election of the association’s bodies,
2-Changing the statute of the association,
3-Discussion of Executive Board and Supervisory Board’s reports, submission of Executive Board,
4-Discussion and approval of the budget prepared by Executive Board, with or without changes,
5-Determination of the annual membership fee, which can be minimum 1. – TL and maximum 10,000. -TL,
6-Determination of membership dismissals suggested by Executive Board,
7-Buying the necessary real estates or authorizing Executive Board for selling the acquired real estates,
8-Decision for the association’s joining or separation from the federation,
9-Determination of the
10-Upon granting the permits from relevant departments as per relevant legislations and provisions, to decide for the international activities of the association, joining or separation from associations or organizations abroad.
11-Execution of other tasks assigned to General Board by the regulations,
12-In the General Board meeting, Executive Board is chosen as 5 permanent members and 5 alternate members, and Supervisory Board as 3 full members, 3 alternate members. Meetings of Executive Board and Supervisory Board are held biannually. Candidates should not have served 3 (three) terms as an Executive Board and Supervisory Board member. Members attending the meeting elect 5 permanent members and 5 alternate members for Executive Board, 3 full members and 3 alternate members for Supervisory Board among the candidates of their choice. Members not present at the meeting can also be nominated for Executive Board and Supervisory Board. Secret voting and open counting is executed. Top-voted candidates are elected permanent members, and less-voted ones are elected alternate members. If deemed necessary, permanent members and alternate members are elected by drawing lots among candidates who received equal number of votes, or alternate members if there are any. Votes for un-nominated members are also considered valid. The result of the election is sent in written form to the supreme civilian authority closest to the center of the association, along with name and surname, father’s name, place and date of birth, occupation and address of permanent and alternate members elected for Executive Board, Supervisory Board and other bodies of the association by chairperson of Executive Board within the legal time period.
FORMATION, DUTIES AND AUTHORITIES OF EXECUTIVE BOARD
Executive Board is formed in accordance with the procedures mentioned in Item 12 of Article 9.
In case of any discharge from Executive Board, it is obligatory to call corresponding number of alternate members to duty in the order stated at the meeting.
Executive Board elects the chairman, secretary and accountant out of Board members within the first week after the election.
Duties and Authorities of Executive Board:
1-To manage the association within the scope of law, statute and decisions of General Board,
2-To duly keep the books and records,
3-To implement the income and expenditure accounting of the association,
4-To implement the budget,
5-To prepare and submit the next year’s budget for General Board’s approval,
6-To employ paid personnel. As per General Board’s decision, one (1) person out of five (5) members of Executive Board can become a paid employee of the association. However, Chairperson of Executive Board is excluded and cannot become a paid employee of the association,
7-To supervise the personnel and terminate from employment if deemed necessary,
8-To collect required information and documents for the members, and have the documents in foreign language translated,
9-To operate in compliance with the objectives and services listed in the statute,
10-To coordinate all operations of the association,
11-To prepare a program draft and operation plans for next term,
12-To prepare required regulations and circular letters in compliance with legislations and statute,
13-To organize trainings for the members on the objectives and activities of the association,
14-To form and coordinate required commissions to execute the objectives and studies of the association more effectively, and ensure that they function effectively,
15-To implement the decisions of the general board and prepare the agenda of the general board,
16-To invite General Board to stated or emergency meetings,
17-To designate the persons to represent the association at national and international meetings.
18-To execute other tasks assigned to General Board by the regulation.
Executive Board may file a lawsuit on behalf of the association if deemed necessary, and attend the court sessions. With Supervisory Board’s suggestion, Executive Board may also take disciplinary prosecution with a member’s written defense, and give warning, reprimand or membership dismissal punishment. Executive Board determines the chairman, deputy chairperson, secretary, accountant and member by allocation of duties at the first meeting after the election. Chairperson of Executive Board leads the meetings. In absence of the chairperson, deputy chairperson or an assigned Executive Board member can lead the meeting. The secretary is responsible for all kinds of administrative affairs and correspondence of the association. The accountant implements the monetary and financial transactions of the association. Executive Board convenes regularly every month. And it may convene extraordinarily if deemed necessary by the chairman or with the request of 3 members, with the condition of notifying all Executive Board members in advance. Those who don’t attend the regular Executive Board meetings three times in a row without proper apology may be dismissed from membership as per Executive Board’s decision. The discharge in Executive Board is filled by calling alternate members to duty. Executive Board may convene with simple majority, and in case of a tie vote, chairperson exercises a casting vote.
If The Discharge In Executive Board Cannot Be Filled:
If the number of members in Executive Board is less than half of total number of memberships due to discharge, General Board shall be invited to an extraordinary meeting within one month by current Executive Board members or Supervisory Board.
In case of no invitation to the meeting, with the appeal of one of the members, the judge appoints three members to convene General Board.
FORMATION, DUTIES AND AUTHORITIES OF SUPERVISORY BOARD
Supervisory Board is formed in accordance with the procedures mentioned in Item 12 of Article 9. In case of any discharge from Supervisory Board, it is obligatory to call corresponding number of alternate members to duty in the order stated at the meeting.
Supervisory Board inspects if bank accounts, cash accounts and records are kept in accordance with the law of associations; if correspondences, membership subscriptions and dismissals are exercised in accordance with the regulations and law of associations. These inspections are executed at intervals not exceeding six months, and results report is submitted to Executive Board and also to General Board when it convenes. Supervisory Board may ask Executive Board to call General Board to convene within a month if deemed necessary. If this request is not fulfilled, with the appeal of Supervisory Board, the judge appoints three members to convene General Board.
ESTABLISHMENT OF BRANCH OFFICES
The association does not have any branch offices.
The association may open representative agencies where deemed necessary and grant representative rights to foreign nationals or agencies. The representatives act as a communication point. Representatives do not have the right to vote. They may only be consulted at General or Executive Board meetings. General Board decides if the representatives or representative agencies shall be paid, and also decides on the payment period and amount. Termination of a representative is again decided by General Board. The decision is announced within a month.
REVENUE SOURCES OF THE ASSOCIATION
Membership Fees: Permanent members are obliged to pay a subscription fee and an annual fee. The amount is determined by Executive Board’s suggestion and General Board’s decision, as minimum 1.0 -TL and maximum 10.000. -TL. Honorary members can contribute if they wish to.
Entertainment Events Revenues: The revenues earned from activities such as lotteries, balls, entertainment, presentations, concerts, sports contests.
Publication Revenues: The revenues earned from all visual, audial, textual or online publications issued by the association .
Professional Events: The revenues earned from conventions, conferences, fairs, promotions, cocktails, presentations, seminars, meetings, training courses.
Project Revenues: The revenues earned from developed event projects to be held domestically and internationally.
Rent, Real Estate, Interest, In Kind and In Cash Revenues: The revenues earned from forex, interest, repo, bono, bond, fund, stock via assets of the association.
Donations and Charities: Donations and charities to be collected in accordance with the legislation provisions regarding charity collection.
Other: The revenues earned from financial and commercial enterprises, partnerships, foundations, charity funds, lawsuits and branch office incomes.
REVENUE AND EXPENDITURE TRANSACTIONS OF THE ASSOCIATION
1-Revenue and Expenditure Documents:
The revenues of the association are collected with a “Voucher”. If the association’s revenues are collected via banks, the documents prepared by the banks, such as bank receipt or account summary document, are accepted as a receipt.
The association’s expenses are made with expenditure documents such as invoice, retail sales slip or self-employed invoice. However, an expenditure note according to the provisions of Tax Procedure Law is issued for the expenses under Article 94 of Income Tax Law, and an “Expenditure Voucher” for expenses not under this article.
The delivery of free goods and services to individuals, institutions or organizations are documented with In Kind Aid Delivery Receipt. The delivery of free goods and services to the association by individuals, institutions or organizations is accepted by In Kind Aid Donation Receipt.
The “Receipt Documents” to be used in collecting the revenues of the association are printed by a printing house with the decision of Executive Board.
The related provisions of the Associations Regulation are implemented in matters regarding the printing and control of the receipt documents, receiving them from the printing house, their registry in the book, the handover between the new and former accountants, 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.
BOOKS TO BE KEPT BY THE ASSOCIATION
1-Decision Registry Book: The decisions of Executive Board are written in this book in chronological and numerical order, and the attending members sign under the decisions.
2-Member Registry Book: ID information, registration date, monthly and annual subscription fees of the members are kept in this book.
3-Document Registry Book: Incoming and outgoing documents are kept in chronological and numerical order in this book. Original copies of incoming documents and copies of outgoing documents are filed. Printout copies of outgoing and incoming documents via e-mail are kept.
4-Fixed Assets Registry Book: Date and method of acquisition of fixed assets of the association, places they were used or given to, and unregistration of the expired ones are recorded in this book.
5-Receipt Registry Book: The serial and sequence numbers of receipt documents, name, surname and signature of the persons who acquired and returned these documents are registered in this book, along with acquisition and return dates.
6-Daybook, Ledger and Book Inventory: The method of keeping this book and registry type is under the Tax Regime Law and the General Notice on Accounting System Implementation issued with the authority given to the Ministry of Finance by this Law .
The books listed in this article must be notarized.
INTERNAL INSPECTION OF THE ASSOCIATION
Chairperson: Chairperson of Executive Board is the chairperson and administrative representative of the association. Chairperson presides over the Executive Board.
Duties of the Secretary-General:
a-To manage the correspondences of the association,
b-To keep the books and files of the association,
c- To co-organize the meetings with the chairperson,
d-To keep the meeting records, collect and secure the meeting notes, reports and summaries in a file,
e-To enter the decisions of Executive Board meetings in the relevant book,
f-To cooperate with the relevant Executive Board member regarding the association magazine and other publications,
g-To present a report on the activities of the association at the General Board meeting.
Duties of The Accountant:
a-To execute the financial duties of the association,
b- To prepare the required log books and documents in this matter,
c-To explain the monetary and financial transactions to Executive Board,
d- Money of the association is deposited in its account current at a national bank. The money in this account can only be deposited by the chairperson or the accountant. The money in this account can only be withdrawn with joint signature of the chairperson and the accountant. The accountant may spend the money on behalf of the association only if approved by the chairperson.
INDEBTMENT PROCEDURES OF THE ASSOCIATION
In accordance with its objectives listed in the statute and the decision of Executive Board, the association can take loans from national banks or commercial enterprises and make installment agreements accordingly. These loans may be in the form of purchasing goods, fixed assets, vehicle or real estate. In debt and loan contracts, indebtment is enforced with the signature of the chairperson of Executive Board and the accountant.
THE STATUTORY CHANGE PROCEDURES
Statutory change can be enforced as per the decision of General Board.
In order to make a change in the statute, 2/3 of the members that have the right to attend the general board meeting are required. In case of postponement of the meeting due to not achieving majority, majority is not required in the second meeting. However, the number of members attending this meeting cannot be less than twice the number of members of the executive board and supervisory board.
The majority needed for statutory change decision is 2/3 votes of the members that have the right to attend the meeting and vote. The statutory change voting is done openly at the General Board meeting.
DISSOLUTION OF THE ASSOCIATION AND LIQUIDATION OF ITS ASSETS
General Board can always decide for the dissolution of the association.
For the dissolution to be discussed at the General Board meeting, 2/3 of the members that have the right to attend the General Board meeting are required. In case of postponement of the meeting due to not attending this meeting cannot be less than twice the number of members of Executive Board and Supervisory Board.
The majority needed for dissolution decision is 2/3 votes of the members that has the right to attend the meeting and vote. The dissolution voting is done openly at the General Board meeting.
When the dissolution decision is granted by General Board, the liquidation of the money, property and rights of the association is executed by a liquidation committee composed of the last Executive Board members. These procedures are enforced as of General Board’s dissolution decision date, or when automatic termination is ascertained. During the liquidation process,”Positive Living Association In Liquidation” expression is used in all transactions of the association.
Dissolution committee is in charge of and authorized to complete the liquidation procedures in accordance with the regulations regarding the association’s money, property and rights. This committee initially investigates the accounts of the association. During this investigation; the registry books, receipt books, expenditure books, property deeds and bank records and other documents are listed, and all properties and obligations are recorded in protocol.
During the dissolution process, creditors of the association are called and available properties are monetized and the debts are paid to the creditors. If the association is the creditor, the loans are collected. All residual money, property and rights after creditors are paid and debt is cleared are transferred to the place determined at the General Board meeting. If such a place cannot be determined at the General Board meeting, these are transferred to a local association that has the closest purpose and most members as of dissolution date.
All liquidation procedures are recorded in the liquidation report and finalized within three months, except the additional time granted on reasonable grounds by the civil administrative authority.
Upon completion of the liquidation and transference of the association’s money, property and rights, the liquidation committee is obliged to send a written declaration of the final status along with the liquidation report to the local authority.
The last Executive Board members acting as the liquidation committee are responsible for securing the registry books and documents of the association. This duty may also be given to a member of the Executive Board. The duration of securing these books and documents is five years.
LACK OF DECISION
In matters not stated in the association’s statute; the provisions of Associations Law, Turkish Civil Law and other related legislations regarding associations are executed.
This statute is comprised of 20 (Twenty) articles.