
What Is a Foundation ?
15 July 2025Article 56 of the Turkish Civil Code:
“Associations are legal entities formed by at least seven natural or legal persons who continuously unite their knowledge and efforts to realize a specific and common objective, excluding the sharing of profit.”
In other words, associations are non-profit entities established for social, cultural, educational, sporting, artistic, or professional purposes.
2. Establishment Procedure of an Association in Turkey
To establish an association in Turkey, the following legal steps must be followed:
1. Drafting the Association’s Charter (Bylaws)
The charter must include the following information:
- The name, purpose, and field of activity of the association
- Membership requirements
- Duties and powers of the governing bodies
- Sources of income
- Bookkeeping and record-keeping systems
- Internal audit procedures
Article 4 of the Law No. 5253 on Associations:
“Legal personality is acquired by submitting a declaration of establishment along with the association’s charter to the local administrative authority.”
2. Application to the Local Administrative Authority
The founders must submit the declaration of establishment, the association’s charter, and supporting documents to the Provincial Directorate of Associations. Upon submission, the association is deemed to have acquired legal personality.
3. Governing Bodies of Associations and Their Duties
Article 74 of the Turkish Civil Code and Articles 9–10 of Law No. 5253
Mandatory governing bodies of associations are:
- General Assembly: The supreme decision-making body.
- Board of Directors: Represents and manages the association.
- Auditing Committee: Oversees financial transactions and compliance with internal rules.
Failure of these bodies to fulfill their duties or conduct meetings in accordance with the law may result in both administrative and legal sanctions.
4. Supervision of Associations
Associations are regularly inspected by the Ministry of Interior and local administrative authorities. The inspection typically covers:
- Whether books and records are properly kept
- Completeness of financial documents
- Compliance of the association’s activities with its charter
- Transparency and appropriate use of donations
Article 19 of Law No. 5253:
“The supervisory duty is performed by audit personnel assigned by the local administrative authority.”
5. Common Legal Issues Faced by Associations
Associations often encounter the following legal problems:
- Charters that are incomplete or legally non-compliant
- Failure to hold general assembly meetings on time
- Irregular membership procedures
- Use of association funds for purposes outside its scope
- Transactions carried out by unauthorized individuals on behalf of the association
- Unauthorized use of association premises
- Violations related to foreign memberships or international activities
Such issues may result in administrative fines, suspension of operations, or even dissolution lawsuits.
6. Ensuring Legal Compliance Through Legal Counsel
At Türeli & Ceylan Attorney-at-Law, we provide comprehensive legal consultancy for clients seeking to establish an association or to bring their existing organization into compliance with the law.
Establishment Consultancy
- Drafting a legally compliant association charter
- Preparing application documents and following up official procedures
- Defining responsibilities of founding members
Internal Operations Structuring
- Regulating general assembly and board of directors procedures
- Preparing authorization and representation documents
- Managing membership applications and expulsions
Supervision and Compliance Preparation
- Reviewing association books and financial records
- Preparing for audits by the Ministry of Interior or local authorities
- Legal support against administrative fines
Dispute Resolution
- Settling internal association disputes
- Membership termination lawsuits
- Defense and appeal in dissolution proceedings
Conclusion: Legal Security Is Essential for Associations
Associations play a vital role in the development of democratic societies. However, establishing and operating them in compliance with the law is only possible with proper legal guidance—not merely goodwill.
As Türeli & Ceylan Attorney-at-Law, we are pleased to support you with our expertise in every stage of association law—from incorporation and supervision to charter revisions and dispute resolution.
Please contact us for legal consultancy or further information.