Charter

THE CHARTER OF HEALTH ECONOMICS AND POLICY ASSOCIATION

Title and Headquarters of the Association

Article 1- The title of the association is "Sağlık Ekonomisi ve Politikası Derneği". The abbreviation of the association is "SEPD". The English title of the association is "Health Economics and Policy Association". The English abbreviation of the association is "HEPA".

The headquarters of the association is Ankara. There will be no other branches.

The Purpose of the Association and Work Items and Methods Carried Out by the Association To Achieve This Purpose and Field of Activity

Article 2- The association has been founded to contribute in development of health economy and policy fields and to support persons and organizations working in these fields.

Work Items and Methods Carried Out by the Association

1-To carry out researches to activate and develop activities,

2-To organize training studies such as courses, seminars, conferences and panels,

3-To procure all kinds of information, documents, papers and publications required to achieve the purpose, to create a documentation center, to issue publications such as newspaper, magazine, book to announce the activities and to issue work and information newsletters to be distributed to the members,

4-To ensure a healthy work environment, to procure all kinds of technical tools and equipments, fixtures and stationeries to achieve the purpose,

5-To carry out charity collection activities and to accept donations from inland and abroad, provided that the required permissions are obtained,

6-To establish and operate economic, commercial and industrial enterprises to obtain the incomes needed to achieve the purposes of the charter,

7-To open clubhouses, to establish and furnish social and cultural facilities to let its members use them and spend their spare times,

8-To organize meals, concerts, balls, theater performances, exhibitions, sports, tours and entertaining events etc. to develop and sustain social relationships among its members and to ensure the members benefit from such events,

9-To purchase, sell, hire, rent out movable and immovable assets required for the association's activities and to establish real right on the immovable assets,

10-To establish a foundation, to establish a federation or to join an established federation if required to achieve the purpose, to establish facilities, which can be established by associations upon permission, by obtaining required permissions,

11-To carry out international activities, to become member of associations or organizations working on the same purpose and activities abroad, to carry out joint activities and cooperate with these organizations,

12-To carry out joint projects with public institutions and organizations on subjects within the scope of the field of activity, save for the provisions of Law No. 5072 on Relationships of Associations and Foundations with Public Institutions and Organizations, if needed to achieve the purpose,

13-To establish a fund to meet essential needs of the association members such as food, clothing etc., other goods and services and short-term credit needs,

14-To open representation offices at required places in order to carry out the activities of the association,

15-To create platforms with other associations or foundations, syndicates and similar non-governmental organizations to realize a joint purpose in areas that are related to the purpose of the association and not forbidden by laws.

The Association's Field of Activity

The association carries out its activities in the field of social sciences (health economy and policy).

Membership Right and Membership Procedures

Article 3- Any natural and legal person, who has capacity to act, adopts purposes and principles of the association and accepts to work for this purpose and bears the conditions prescribed by the Regulation, is entitled to become a member of this association. However, foreign natural persons should hold the right of abode in Turkey to become a member. This condition is not required for honorary membership.

The membership application, which shall be submitted to the head of the association in writing, shall be concluded by the administrative board of the association within thirty days maximum as acceptance or rejection of the membership and the conclusion shall be notified to the applicant in writing. The member, whose application is accepted, shall be recorded in the book to be kept for this purpose.

Original members of the association are the founders of the association and the individuals who are accepted to the membership by the administrative board upon their application.

The ones, who have provided significant supports for the association in material and spiritual terms, are accepted as honorary members upon the administrative board decision.   

Leaving the Membership

Article 4- Each member is entitled to leave the association membership, provided that a written notification is submitted.

Leaving procedures shall be deemed to be completed when the member's petition of resignation is delivered to the administrative board. Leaving the membership shall not terminate accumulated debts of the member to the association.

Dismissal from the Membership

Article 5- Cases that require dismissal from the association membership are as follows:

         1-To act contrary to the charter of the association,

         2-To continuously abstain from duties assigned,

         3-Not to pay the membership fee within six months despite written notices,

         4-Not to comply with the decisions taken by the association bodies,

5-To lose the conditions of membership.

The member shall be dismissed from the membership by decision of the administrative board in case where any of the above-mentioned cases is determined.

The members leaving or being dismissed from the association shall be deleted from the member registration book and cannot have any claims for the association's properties.

Bodies of the Association

Article 6-Bodies of the association are listed below.

         1-General Board,

         2-Administrative Board,

         3-Supervisory Board,

Manner of Establishment, Period of Meeting, Procedure of Call and Meeting of the General Board of the Association

Article 7- The general board is the most authorized decision body of the association and consists of the members enrolled in the association.

         The General Board;

1-  holds ordinary meetings in periods set out in this charter,

         2- holds extraordinary meetings when required by the administrative or the supervisory board or upon written request of one-fifth of the association members within thirty days.

The ordinary general meeting is held on the day, at the place and time to be determined by the administrative board in November triennially.

The general board is called to the meeting by the administrative board.

If the administrative board does not call the general board to the meeting; the magistrate assigns three members to call the general board to the meeting upon application of any member.

Procedure of Call

The administrative board arranges the list of the members who are entitled to participate in the general meeting according to the association's charter. The members who are entitled to participate in the general meeting shall be called to the meeting via an announcement in a newspaper or via printed or electronic mail stating date, time, place and agenda of the meeting at least fifteen days in advance. Date, time and place of a possible second meeting shall also be stated in this call if the meeting cannot be held as majority is not ensured. The period between the first meeting and the second meeting cannot be less than seven days and more than sixty days.

If the meeting is adjourned due to any reason other than lack of majority, this fact shall be announced to the members in accordance with the procedure of call for the first meeting, stating reasons for this adjournment. The second meeting should be held within six months following the date of adjournment. The members shall be called to the second meeting in accordance with the principles set out in paragraph one.

The general board meeting cannot be adjourned for more than once.

Procedure of Meeting

The general meeting shall be held with participation of the absolute majority of the members entitled to participate and with participation of two-third of the members in cases of amendment of the charter or dissolution of the association; if the meeting is adjourned due to lack of majority, no majority shall be required for the second meeting. However, the number of members participating in this meeting cannot be less than twice the number of members in administrative and supervisory boards.  

The list of the members entitled to participate in the general meeting shall be kept ready at the place of the meeting. Identity cards of the members, who shall enter the place of the meeting, granted by official authorities shall be checked by the members of the administrative board or by officials to be assigned by the administrative board. The members shall append their signatures next to their names on the list issued by the administrative board to enter the place of the meeting.

If the meeting quorum is ensured, this fact shall be recorded by a protocol and the meeting shall be opened by the chairman of the board or an assigned member of the administrative board. If the meeting quorum is not ensured, a protocol shall be executed by the administrative board.

After the opening, a chairman to manage the meeting, deputy chairmen at the adequate number and a clerk shall be elected to form the council committee.

The voting members shall be obliged to present their identities to the council committee and to append their signatures next to their names on the list of attendants at the voting to be held for election of the association bodies.

Management and security of the meeting is under responsibility of the council chairman.

Only the items on the agenda shall be discussed at the general meeting. However, it is obligatory to take the items, which are requested to be discussed by one-tenth of the attending members in the meeting, to the agenda.

Each member has one right to vote at the general meeting; the members are obliged to vote in person. Honorary members may participate in the general meetings, but they cannot vote. If the member is a legal person, the chairman or authorized representative of the legal person shall vote.

Subjects discussed and decisions taken at the meeting shall be written on a protocol and signed by the council chairman and the clerks. At the end of the meeting, the protocol and other documents shall be delivered to the chairman of the board. The chairman of the board shall be responsible for protecting these documents and delivering them to the new-elected administrative board in seven days.

Procedures and Manners of Voting and Decision-Taking at the General Meeting

Article 8- If no contrary decision is taken, elections of the members of the administrative and supervisory boards shall be made by secret voting, but decisions on other matters shall be made by open voting at the general meeting. Secret votes are the ones which are collected by papers or ballots sealed by the meeting chairman and put into an empty box by the members after doing what is necessary and which are determined by open breakdown after the voting process.

The method specified by the general meeting chairman shall be applied for open voting.

The decisions at the general meeting are taken by absolute majority of the attending members. However, decisions to amend the charter or dissolve the association can only be taken by two-third majority of the attending members.

 Decisions Taken Without Meeting or Call

 Decisions taken by written participation of all the members without meeting and decisions taken by meeting of all the association members without the procedure of call set out in this charter shall be valid. Taking decisions in this manner shall not be deemed to be ordinary meetings.

Duties and Authorities of the General Board

Article 9-The matters set out below shall be discussed and concluded by the general board. 

         1-Election of the association bodies,

         2-Amendment of the association's charter,

         3-Discussion of the administrative and supervisory board reports and release of the administrative board,

         4-Discussion of the budget prepared by the administrative board and acceptance as the same or upon amendment,

         5-Authorization to the administrative board for purchase of immovable assets required for the association or for sale of the existing immovable assets,

         6-Examination of the regulations to be prepared by the administrative board with regard to the association's activities and approval as the same or upon amendment,

         7-Determination of salary and all kinds of allowances, provisions and compensations  to non-public official chairman and members of the association's administrative and supervisory boards and allowance and provision amounts to be granted to the members to be assigned for the association's services,

         8-Decision on the association entering or leaving the federation,

         9-Decision on international activities of the association, entering or leaving associations and organizations abroad,

         10-Decision on the association establishing a foundation,

         11-Decision on dissolution of the association,

         12-Discussion and decision on other suggestions of the administrative board,

13-Fulfilment of other duties set out to be performed by the general board in the charter.

The general board audits other bodies of the association and may discharge them any time with rightful reasons.

The general board performs works and exercises authorities that are not granted to another body of the association, as being the most authorized body of the Association.

Formation, Duties and Authorities of the Administrative Board

Article 10-The Administrative Board is elected by the general board as five original and five reserve members.

The administrative board shall distribute tasks with a decision at the first meeting following the election and determine chairman, assistant chairman, secretary, bookkeeper and member.

The administrative board may be called to meeting any time, provided that all the members are informed. It shall meet upon presence of half of the number of members plus one. Decisions shall be taken by absolute majority of the number of attending members.

When there is an empty office in original membership of the administrative board due to resignation or any other reason, it is obligatory to call the reserve members to duty according to the number of votes obtained at the general meeting.

Duties and Authorities of the Administrative Board

The administrative board shall fulfill the following matters:

         1-To represent the association or to authorize one or more of its members for this purpose,

         2-To make calculations about income and expense accounts, to prepare the budget for the future period and present to the general board,

         3-To prepare regulations about operations of the association and to submit them to the general board for approval,

         4-To purchase immovable assets, to sell movable and immovable assets of the association, to construct buildings or facilities, to execute rental contracts, to establish pledge, mortgage or real rights in favor of the association via the authorization granted by the general board,

         5-To ensure opening of representation offices where required,

         6-To implement the decisions taken at the general meeting,

         7-To issue the operating account statement or balance sheet and income statement of the association and the report explaining the administrative board's operations at the end of each operating year, to submit it to the general board at the meeting,

         8- To ensure implementation of the budget,

         9- To take decisions about accepting or dismissing members into/from the association.

         10-To take and implement all kinds of decisions to achieve the purpose of the association,

11-To fulfill other duties and exercise authorities assigned by the legislation,

Formation, Duties and Authorities of the Supervisory Board

Article 11-The supervisory board is elected by the general board as three original and three reserve members.

When there is an empty office in original membership of the supervisory board due to resignation or any other reason, it is obligatory to call the reserve members to duty according to the number of votes obtained at the general meeting.

Duties and Authorities of the Supervisory Board

The supervisory board shall audit whether the association carries out its activities in accordance with the purpose set out in the charter and the work items set out to be performed to achieve this purpose; whether books, accounts and records are kept in accordance with the regulations and the association's charter pursuant to the principles and procedures designated in the association's charter in periods not more than one year and submit the results of the audit to the administrative board and the general board as a report at the meeting.

The supervisory board shall call the general board to meeting when required.

Sources of Income of the Association

Article 12- The sources of income of the association are listed below.

         1-Membership Fee: The members pay TL 30 as the entrance fee and TL 20 for once a year. The general board is authorized to increase or decrease these amounts.

         2-Donations and aids granted by natural and legal persons to the association with their own discretion.

3-Incomes obtained from events organized by the association such as tea and dinner parties, tours and entertainments, performances, concerts, sport contests and conferences.

4-Incomes obtained from properties of the association.

5-Donations and aids collected in accordance with the provisions of the regulation on charity collection.

6-Incomes obtained from commercial activities undertaken by the association to obtain the income needed to achieve the purpose.

7-Other incomes.       

The Association's Principles and Procedures of Bookkeeping and Respective Books

Article 13-The principles of bookkeeping are as follows;

The book is kept at the association according to the operating account basis. However, if the annual gross income exceeds TL 500 thousand, the book shall be kept according to the balance sheet basis starting from the next accounting period.

If the balance sheet basis is adopted, in case where the amount goes below the aforementioned amount in two successive accounting periods, the operating account basis may be adopted again as of the next year.

The book may be kept according to the balance sheet basis upon the administrative board decision, notwithstanding the aforementioned amount.

If a commercial enterprise of the association is opened, the book shall be kept for this commercial enterprise separately in accordance with the provisions of the Tax Procedure Law.

Recording Procedure

Books and records of the association shall be kept in accordance with the procedures and principles set out in the Regulation on Associations.

Respective Books

The books written below shall be kept at the association:

a) The books to be kept and procedures to be followed at the operating account basis are as follows:

1- Decision Book: Decisions of the administrative board shall be written in this book according to order of date and number and the attending members shall append their signatures below these decisions.

2- Member Registry Book: Identity information, entry and leave dates of the members of the association shall be entered in this book. Entrance and annual fees paid by the members may also be recorded in this book.

3- Document Registry Book: Incoming and outgoing documents shall be written in this book according to order of date and number. Original copies of incoming documents and copies of outgoing documents shall be filed. Documents incoming or outgoing via electronic mail shall be printed out and filed.

4- Fixtures Book: Date and manner of acquisition of the fixtures belonging to the association, places they are used or given and the fixtures with expired life cycle shall be recorded in this book.

5- Operating Account Book: Incomes received and expenses made on behalf of the association shall be recorded in this book clearly and regularly.

6- Receipt Certificate Record Book: Serial and order numbers of receipt certificates, name, surname and signature of the ones taking and returning these certificates and dates of return shall be recorded in this book.

b) The books to be kept and procedures to be followed at the balance sheet basis are as follows:

1-The books set out in sub-paragraphs 1, 2, 3 and 6 of paragraph (a) shall also be kept at the balance sheet basis.

2-Day Book, General Book and Inventory Book: Procedure of keeping and recording these books shall be in accordance with the Tax Procedure Law and the General Communiqué on Implementation of the Accounting System, which is issued in accordance with the authority granted by this law to the Ministry of Finance.

Attestation of the Books

Before the books that are obligatory to be kept at the association are used, they shall be attested by the provincial directorate of associations or notary public. These books shall be used until all the pages are finished and no intermediate attestation shall be made for them. However, it is obligatory to attest the books kept at the balance sheet basis or the books with continuous form pages every year in the last month before the respective year.

Issuance of Income Statement and Balance Sheet

If the accounts are kept according to the operating account basis, the "Operating Account Statement" (set out in ANNEX-16 of the Regulation on Associations) shall be issued at year-ends (December 31st). If the books are kept according to the balance sheet basis, balance sheet and income statement shall be issued at year-ends (December 31st) in accordance with the General Communiqué on Implementation of the Accounting System published by the Ministry of Finance.

Income and Expense Transactions of the Association

Article 14-Income and expense documents;

Incomes of the association are collected by "Receipt Certificate" (a sample of which is present in ANNEX-17 of the Regulation on Associations). If incomes of the association are collected via banks, documents issued by the banks such as receipt or abstract account shall be used as receipt certificates.

Expenses of the association are made by expenditure documents such as invoice, retail sale receipt, self-employment receipt etc. However, an expense note for payments of the association within the scope of article 94 of the Income Tax Law and an "Expense Voucher" (a sample of which is present in ANNEX-13 of the Regulation on Associations) for payments not within this scope shall be issued.

Free good and service deliveries to be made by the association to persons, institutions or organizations are made by "Aid in Kind Delivery Document" (a sample of which is present in ANNEX-14 of the Regulation on Associations). Free good and service deliveries to be made by persons, institutions or organizations to the association are accepted by "Aid in Kind Receipt Document" (a sample of which is present in ANNEX-15 of the Regulation on Associations).

Receipt Certificates

The "Receipt Certificates" (in the form and size shown in ANNEX-17 of the Regulation on Associations) to be used in collection of the association's incomes shall be printed by a printing house upon decision of the administrative board.  

Relevant provisions of the Regulation on Associations shall be adopted in matters related to printing and control of receipt certificates, receipt from the printing house, recording in the book, delivery-receipt between old and new bookkeepers, utilization of these receipt certificates by person/s to collect incomes on behalf of the association and delivery of the incomes collected.

Certificate of Authorization

Person or persons to collect incomes on behalf of the association shall be determined by decision of the administrative board, provided that the period of authorization is also set out. The "Certificate of Authorization" (a sample of which is present in ANNEX-19 of the Regulation on Associations) containing full identity, signature and photos of the persons to collect incomes shall be issued in three copies and approved by the chairman of the association. A copy of the certificate of authorization shall be delivered to the concerned associations department. Amendments regarding the certificate of authorization shall be notified by the chairman to the associations department within fifteen days.  

The persons to collect incomes on behalf of the association may start collecting incomes right after a copy of the certificate of authorization issued in their own name is submitted to the associations department.

Relevant provisions of the Regulation on Associations shall be adopted with regard to utilization, renewal, return and other matters of the certificate of authorization.

Period of Keeping Income and Expense Documents

Receipt certificates, expense documents and other documents used by the association, except the books, shall be kept for 5 years in accordance with the order of number and date in the books, save for the periods set out in special laws.

Submission of Statement

Article 15- The "Statement of Association" (a sample of which is present in ANNEX-21 of the Regulation on Associations) shall be filled in by the administrative board of the association about activities of the association for the previous year and results of the income and expense transactions as of the year-end and submitted to the civil administration by the chairman within the first four months of each calendar year.   

Obligation of Statement

Article 16-Statements to be submitted to the civil administration are as follows

General Meeting Conclusion Statement

The "General Meeting Conclusion Statement" (a sample of which is present in ANNEX-3 of the Regulation on Associations) about original and reserve members elected for the administrative and supervisory boards and other bodies and its annexes shall be submitted by the chairman to the civil administration within thirty days following ordinary or extraordinary general board meetings:

Documents to be attached to the general meeting conclusion statement are:

1- A copy of the general board meeting protocol signed by the council chairman, assistant chairmen and clerk,

2- If there is an amendment in the charter, old and new forms of the amended articles of the charter and a copy of each page of the association's charter as signed by the administrative board.

Statement of Immovable Assets

Immovable assets acquired by the association shall be notified to the civil administration via the "Statement of Immovable Assets" (a sample of which is present in ANNEX-26 of the Regulation on Associations) within thirty days following registry at the title deed office.

Foreign Aid Statement

If the association shall receive aid from abroad, the "Foreign Aid Statement" (a sample of which is present in ANNEX-4 of the Regulation on Associations) shall be filled in two copies and submitted to the civil administration before the aid is received. .

A copy of the administrative board decision for receiving aid from abroad, protocol, agreement or similar documents about this matter, if any, and a copy of receipt, abstract or similar document of the account shall be attached to the statement form.

It is obligatory to receive financial aids via banks and to fulfill the statement requirement before utilization.

Statement on Joint Projects with Public Institutions and Organizations

The protocol executed with regard to joint projects of the association with public institutions and organizations on subjects related to its field of activity and a sample of the project shall be attached to the "Project Statement" (a sample of which is present in ANNEX-23 of the Regulation on Associations) and delivered to governorate of the province, where the headquarters of the association is present, within one month following the date of the protocol.

Statement of Changes

Changes in address of the association shall be submitted to the civil administration via the "Statement of Address Change" (a sample of which is present in ANNEX-24 of the Regulation on Associations), whereas changes in the association's bodies, other than the general board meeting, shall be submitted via the "Statement of Change in Association Bodies" (a sample of which is present in ANNEX-25 of the Regulation on Associations) within thirty days following the change.  

Changes made in the charter of the association shall be submitted to the civil administration as attached to the general meeting conclusion statement within thirty days following the general board meeting where the charter is changed.

Internal Audit of the Association

Article 17- The general board, the administrative board or the supervisory board may carry out internal audit within the association, or independent audit organizations might perform it. Audit by the general board, the administrative board or independent audit organizations shall not relieve the supervisory board from its responsibilities.

The supervisory board shall audit the association at least once a year. The general board or the administrative board may carry out audits or have independent audit organizations perform such audits when required.

 Borrowing Procedures of the Association

Article 18- The association may get into debt upon the administrative board's decision if needed to achieve its purpose and to carry out its activities. This borrowing may be good and service purchase on credit or in cash. However, the borrowing cannot be at an amount that cannot be met by sources of income of the association and that may put the association in financial difficulty.  

Amendments in the Charter

Article 19-Amendments in the charter may be made by the general board's decision.

In order to make any amendment in the charter at the general meeting, 2/3 majority of the members that are entitled to participate in the general meeting is required. If the meeting is adjourned due to lack of majority, no majority shall be required at the second meeting. However, number of members attending this meeting cannot be less than twice the number of members in administrative and supervisory boards.

Majority of decision required for amendments in the charter is 2/3 of the members that are attending the meeting and that are entitled to vote. Voting for amendments in the charter is made on open basis at the general meeting.

Procedure of Dissolution of the Association and Liquidation of Properties

Article 20-The general board may decide to dissolve the association any time.

In order to discuss the dissolution issue at the general meeting, 2/3 majority of the members that are entitled to participate in the general meeting is required. If the meeting is adjourned due to lack of majority, no majority shall be required at the second meeting. However, number of members attending this meeting cannot be less than twice the number of members in administrative and supervisory boards.

Majority of decision required for decision of dissolution is 2/3 of the members that are attending the meeting and that are entitled to vote. Voting for dissolution is made on open basis at the general meeting.

Procedures of Liquidation

When the general board decides to dissolve the association, liquidation of monies, goods and rights of the association shall be made by the liquidation committee consisting of the latest administrative board members. These procedures shall be commenced as of the date of the general board decision about dissolution or the date on which dissolution becomes certain.  The expression of "Health Economy and Policy Association in Liquidation" shall be used in the title of the association during all the procedures within the liquidation period.  

The liquidation committee is assigned and authorized to complete the transactions for liquidation of monies, goods and rights of the association in accordance with the charter. This committee shall first examine the accounts of the association. During this examination, books, receipt certificates, expense documents, title deeds and bank records and other documents belonging to the association shall be determined and assets and liabilities shall be recorded. Creditors of the association shall be called and assets shall be converted into cash, if any, and paid to the creditors during the transactions of liquidation. Receivables shall be collected if the association is the creditor. All monies, goods and rights remaining after collecting the receivables and paying the debts shall be transferred to the place specified at the general meeting. If no place of transfer is specified at the general meeting, these shall be transferred to the association which has the closest purpose and highest number of members on the date of dissolution in the respective province.

All the transactions about liquidation shall be shown on the protocol of liquidation and completed within three months, except time extensions granted by civil administrations with a rightful reason.

Following completion of money, good and right liquidation and transfer transactions of the association, the liquidation committee shall be obliged to communicate the situation to the civil administration of that province in writing within seven days and attach the liquidation protocol to this letter.  

The latest administrative board members shall be responsible for keeping books and documents of the association as being the liquidation committee. This task may be assigned to a member of the administrative board. These books and documents shall be kept for five years.

Missing Provisions

Article 21- For matters not set out in this charter, the provisions of the Law on Associations, Turkish Civil Code and the Regulation on Associations issued in accordance with these laws and other respective regulations shall be applied.

This charter consists of 21 (twenty-one) articles.
 
Copyright © 2010, Health Economics & Policy Association / powered by: ventio
All rights reserved by Health Economics & Policy Association