ARTICLE 1. NAME, HEADQUARTERS AND COLORS OF THE ASSOCIATION
a) Name of the Association: The name of the Association is the ENKA SPORTS CLUB ASSOCIATION
and in this Charter is hereinafter referred to as the Association.
b) Headquarters of the Association: “Sadi Gülçelik Spor Sitesi İSTİNYE
İSTANBUL”.
c) Colors of the Association: “White-Blue”.
ARTICLE 2. FOUNDERS OF THE ASSOCIATION
The identities and occupations of the founders of the Association, their residence addresses and nationalities are shown in the list of founders annexed at the end of this Charter.
ARTICLE 3. OBJECTIVES OF THE ASSOCIATION
The objectives of the Association are as follows:
a) Ensuring the physical and mental development of its members in accordance with the “General Purposes and Main Principles of our National Education”, while also endearing them to sports, and nurturing athletes with an amateur spirit;
b) Developing sports training and ethics;
c) Increasing affection and solidarity among its members;
d) Contributing to Turkish sports to achieve the level of modern sports.
ARTICLE 4. TASKS
In order to realize its objectives, the Association shall:
a) Make all kinds of sports activities;
b) deal with correspondence; organize shows, training courses, seminars, meetings and conferences;
c) Organize instructive, educative and entertaining studies;
d) Offer opportunities to willing and talented children in cooperation with schools so that children internalize and continue sports from their childhood; keep in contact with the teachers and parents of talented children to ensure that they participate in the sportive activities of the Association and assist them in all respects;
e) Procure and educate a sufficient number of qualified trainers and teachers;
f) Carry out research, publications and archive activities that will contribute to the development of Turkish sports;
g) Benefit from the sports and social facilities to be assigned by the ENKA Foundation, according to the conditions to be determined by the ENKA Foundation;
h) Take the necessary measures and realize the income generating activities it deems necessary (such as dinners, balls, piano concerts etc.) for providing the attendance and interest of its members as well as the parents and teachers of its Junior members to the Association;
i) The Association shall not be concerned with politics;
j) Deal with the construction, maintenance and management of the social facilities, instruments and equipment in order to serve the sportive activities of its members, meet their recreational and social needs. To this end, the Association may acquire movable and immovable goods and accept donations.
ARTICLE 5. AREAS OF ACTIVITY OF THE ASSOCIATION
The Association deals with the following sports:
a) Athletics,
b) Gymnastics,
c) Wrestling,
d) Swimming- Diving – Water Polo,
e) Basketball,
f) Volleyball,
g) Tennis,
h) Fencing,
i) Weight Lifting,
j) Table Tennis,
k) Handball,
l) Sailing
The Board of Directors may make changes to these sports and add new ones.
ARTICLE 6. MEMBERSHIP
The ENKA Sports Club Association has four kinds of membership:
a) Full members
b) Honorary members
c) Athlete members
d) Junior members
ARTICLE 7. MEMBERSHIP CONDITIONS
a) Full members:
These are the real people, the memberships of whom have been accepted by the Board of Directors in order to establish the General Assembly.
To become a full member, the applicant has to be at least 18 years of age, fulfill the conditions required by the law and apply to the Board of Directors with a petition in accordance with the printed form.
All members who has been accepted shall be registered in the “Book of Members” and may benefit from all the facilities of the Association in accordance with the conditions determined by the Board of Directors.
b) Honorary members:
Individuals who have assisted in the achievement of the Association’s objectives and who have made material and immaterial contributions shall be elected as honorary members upon the recommendation of one of the members of the Board of Directors and with the approval of the said Board. Their names shall be written in the “Book of members” as honorary members.
Honorary members may participate in the meetings of the General Assembly without paying a membership fee and without election or voting rights. They may also benefit from the facilities of the Association.
c) Athlete members:
Those are young people of at least 18 years of age, who hold a license or who have been accepted by the Association in accordance with the decision of the Board of Directors, in order to practice sport at an amateur level.
The names of athlete members shall be written in the “Book of Athlete Members.”
Athletes may only apply for full membership after they have discontinued licensed sports activities.
d) Junior members:
Talented and enthusiastic minors, of less than 18 years of age, may be accepted as junior members, after having obtained their parents consent and being approved by the local authority for the purpose of training, enabling them to benefit from the facilities of the Association as long as they continue their sports activities on a regular basis. The names of junior members shall be written in the “Book of Junior Members.”
ARTICLE 8. ADMISSION FEE AND MEMBERSHIP FEE
Members shall pay an admission fee, an annual membership fee and if necessary pay a fee for contributing towards maintenance and repair. The amounts to be paid shall be decided within the legal limits set by the General Assembly, upon the proposal of the Board of Directors. The admission fee shall be paid in a single sum, while the annual fee shall be paid in cash each year during the month of January. Members who have not paid their fee during the month of January may not take part in the General Assembly meeting to be held that year.
If the member persists in not paying the fee despite notices, the registration of the member shall be deleted by the decision of the Board of Directors.
The obligation of members to pay the subscription fee shall be regulated in accordance with the Charter. If there is no regulation in the Charter, members shall make an equal contribution to compulsory subscription fees in order to realize the objective of the Association and pay its debts. Members who unsubscribe or who get excluded from membership are obliged to pay the subscription fee corresponding to duration when they were a member.
ARTICLE 9. TERMINATION OF MEMBERSHIP
a) Cancellation of membership:
A member may cancel their membership by giving written notification to the Board of Directors six months in advance.
b) Termination of Membership:
1. Those who have lost their right to become a member of associations according to the law.
2. Individuals whose ethics and behavior does not comply with membership of the association inside or outside the association.
3. Members whose behavior is incompatible with the purposes of the Association shall be excluded from membership upon the proposal of the Board of Directors and the decision of the Disciplinary Board.
c) Automatic Expiry of Membership:
Membership shall expire automatically upon the death of the member, the declaration of his/her absence, or in cases where the member loses the qualifications required to be a full or honorary member.
d) Records belonging to members who have canceled their membership or whose membership has been terminated shall be deleted.
ARTICLE 10. ORGANS OF THE ASSOCIATION
The organs of the Association are as follows:
a) The General Assembly
b) The Board of Directors
c) The Supervisory Board
d) The Disciplinary Board
When necessary, other organs may be established upon the decision of the Board of Directors. Nevertheless, the powers and responsibilities of the General Assembly and Supervisory Board may not be delegated to those organs.
ARTICLE 11. GENERAL ASSEMBLY
Comprising the Full Members, this is the highest decision making and auditing body of the Association.
ARTICLE 12. DUTIES OF THE GENERAL ASSEMBLY
The duties of the General Assembly are as follows:
a) Electing the members of the Board of Directors, the Supervisory Board and the Disciplinary Board,
b) Examining and making decisions on reports submitted by the Board of Directors and the Supervisory Board;
c) Examining and approving the budget prepared by the Board of Directors,
d) Negotiating and making decisions on proposals concerning amendments to the Charter;
e) Making the final judgment on the decision of the Disciplinary Board on the objection of the member
which excludes the member from membership,
f) Taking the necessary decisions to realize the objectives of the Association, determining its work program and directing the activities of the Board of Directors,
g) Dismissing the Board of Directors,
h) Deciding to dissolve the Association,
i) Authorizing the Board of Directors for the purchase of immovable goods that are necessary for the Association or for selling existing immovable goods,
j) Fulfilling the other tasks required by law and this Charter.
ARTICLE 13. SESSIONS OF THE GENERAL ASSEMBLY
The General Assembly holds ordinary and extraordinary meetings.
a) The Ordinary Meeting of the General Assembly shall be held once every two years before the end of March.
The Extraordinary Meeting shall be held when deemed necessary by the Board of Directors and the Supervisory Board or upon the written request of the one fifth of association members.
The General Assembly shall be called to the meeting by the Board of Directors.
b) The Board of Directors shall determine the list of members holding the right to participate in the General Assembly according to the Charter of the Association. Members called to attend the General Assembly shall be informed of the meeting at least fifteen days in advance, by notifying the day, hour, location and agenda of the meeting in a local newspaper. The call shall also indicate the date when the second meeting would be held in the event of the first meeting not being made due to the quorum not being met. The time period between the first and second meeting will not be less than one week.
The day, hour and location of the meeting and its agenda shall be notified in writing to the highest administrative local authority at least fifteen days prior to the meeting and the list showing the members that will participate in the meeting shall also be annexed to this correspondence.
In the event of the meeting being postponed for any reason, this situation shall be notified to the members by making a second announcement in the newspaper where the meeting had been made known, together with an indication of the reasons for the postponement. The second meeting should be made within two months at the latest starting from the date of the postponement.
The members shall be called once again to the meeting, according to the rules mentioned in the first paragraph and the meeting shall be notified to the highest administrative local authority according to the rules mentioned in the second paragraph.
The General Assembly meeting may not be postponed more than once.
c) General Assembly meetings may only be made at the headquarters
of the Association.
ARTICLE 14. NEGOTIATIONS, RESOLUTIONS AND QUORUM
The General Assembly meeting shall be held with one more than half of the total number of full members holding the right to participate in the meeting. In the event of this majority not being met, quorum shall not be required if the meeting has already been postponed. However, the number of members participating in this second meeting may not be less than two times the total number of members of the Board of Directors and the Supervisory Board.
Each member has the right to one vote in the General Assembly and has to use his/her vote personally.
Only topics included in the written agenda shall be negotiated and finalized during the General Assembly meeting. Topics that are required to be negotiated by at least one-tenth of the total member number should be placed on the agenda. General Assembly decisions shall be taken by the majority of existing members. Decisions relating to the amendment of the Charter shall be taken with the vote of two-thirds of the members who have participated in the meeting.
The General Assembly meeting shall be opened by the Chairman of the Board of Directors or by one of the members of the Board of Directors appointed by the Chairman.
The General Assembly shall select a Chairman, a Vice-Chairman and a Clerk with a majority of the votes in order to manage the meeting, canvass, draw up the necessary minutes, and sign them.
ARTICLE 14. NEGOTIATIONS, RESOLUTIONS AND QUORUM
The General Assembly meeting shall be held with one more than half of the total number of full members holding the right to participate in the meeting. In the event of this majority not being met, quorum shall not be required if the meeting has already been postponed. However, the number of members participating in this second meeting may not be less than two times the total number of members of the Board of Directors and the Supervisory Board.
Each member has the right to one vote in the General Assembly and has to use his/her vote personally.
Only topics included in the written agenda shall be negotiated and finalized during the General Assembly meeting. Topics that are required to be negotiated by at least one-tenth of the total member number should be placed on the agenda. General Assembly decisions shall be taken by the majority of existing members. Decisions relating to the amendment of the Charter shall be taken with the vote of two-thirds of the members who have participated in the meeting.
The General Assembly meeting shall be opened by the Chairman of the Board of Directors or by one of the members of the Board of Directors appointed by the Chairman.
The General Assembly shall select a Chairman, a Vice-Chairman and a Clerk with a majority of the votes in order to manage the meeting, canvass, draw up the necessary minutes, and sign them.
ARTICLE 15. NOTIFICATION OF GENERAL ASSEMBLY DECISIONS
Decisions of the General Assembly shall be notified in writing to members that have not attended the meeting.
ARTICLE 16. THE BOARD OF DIRECTORS
The Board of Directors is the representative, decision making and executive organ responsible for realizing the objectives of the Association, performing the decisions of the General Assembly and
carrying out the affairs of the Association.
The Board of Directors shall consist of seven full members and seven reserve members who have been elected by the General Assembly for a period of two years.
During its first meeting, the Board of Directors shall itself elect a chairman, a vice-chairman, a secretary general and a technical member.
The Chairman: The Chairman of the Board of Directors is the President of the Association. He/she shall represent the Association before official authorities, courts and third persons, in the name of the Board of Directors and shall chair the meetings of the Board of Directors.
He/she shall organize the necessary administrative, financial, social and technical activities for realizing the objectives of the Association and making it advance in all respects and shall provide the continuation of fraternity, unity, integrity and solidarity within ENKA SPORTS CLUB ASSOCIATION.
The Vice-Chairman: He/she shall be the assistant of the Chairman in every respect. In the event of the Chairman not being present for any reason, he/she shall serve as a deputy with the same duties, powers and responsibilities.
The Secretary General: He/she shall implement the decisions of the Board of Directors together with the Chairman, shall make correspondences, shall keep the books of the Association in accordance with the law and shall prepare the meeting agenda of the Board of Directors.
The Treasurer: The Treasurer shall carry out all the financial operations of the Association, shall ensure that all the ledgers are duly kept and the membership fees, admission fees and donations are collected on time. While the Treasurer is in charge of money and all expenses, he/she shall keep a register of payments and certificates of receipt that he/she shall sign jointly with the Chairman or the Secretary General. The Treasurer shall draw money from the bank, make advance payments and deductions according to the rules to be determined by the Board of Directors. The Treasurer shall make all payments on the decision of the Board of Directors and against a certificate of receipt and shall retain those receipts. The cash kept behind the Treasurer may not exceed 50,000 TL. The money exceeding this amount shall be deposited at a bank.
The Technical Member: The Technical Member shall take all necessary measures for training the athletes and preparing them for the sporting competitions in the best way. The Technical Member shall make written proposals to the Board of Directors in this respect. He/she shall ensure that competitions held within and outside the Association are performed in the best way. The Technical Member shall take all the measures he/she deems necessary in accordance with the principles of the internal regulation for athletes to compete in discipline and to represent the Club in the best way with regards to behaviors as well as clothing. The Technical Member shall inform the Board of Directors continuously in this respect.
The Board of Directors may establish directorates and division captains for technical, administrative and health services; it may nominate general captains, specialist trainers, instructors, assistants and ancillary staff.
ARTICLE 17. DUTIES OF THE BOARD OF DIRECTORS
The duties of the Board of Directors are as follows:
a) Preparing the working report, the statement, and the budget and submitting them to the General Assembly,
b) Reviewing the applications of persons applying for membership of the Club and make the decision,
c) Giving the decision about persons who have been proposed for membership of the Club as honorary members,
d) Determining the meeting date and agenda of the General Assembly and making the announcement for the meeting and other procedures for implementing the meeting,
e) Determining the admission fee, the membership fee and the contribution towards maintenance and repair costs,
f) Keeping the ledgers for the Association in accordance with the Law of Associations and the Charter,
g) Making all the procedures that are not contrary to the provisions of the law and of this Charter and
that may be beneficial and necessary for the Association,
h) Applying to the Disciplinary Board to provide the punishment of members acting against the objectives of the Association and implementing the decisions taken by the Disciplinary Board,
i) Nominating persons who will work in the Association for a remuneration and terminating their employment,
j) Regulating and supervising the status and activities of the different sports,
k) Electing the Sports Director and the captains for each sport,
l) Establishing all councils, commissions and committees that shall be helpful in realizing the objectives of the Association,
m) Notifying the minutes of the General Assembly to the appropriate authorities,
j) Fulfilling all other tasks required by law and this Charter.
ARTICLE 18. MEETINGS OF THE BOARD OF DIRECTORS
Meetings of the Board of Directors shall be held with a majority of the members. The decisions of the Board of Directors a taken by a majority vote. A member who does not participate in three (3) meetings without providing any excuse shall be deemed to have resigned and a reserve member shall be appointed in his/her place.
ARTICLE 19. SUPERVISORY BOARD
The Supervisory Board shall consist of three (3) full members and three (3) reserve members who audit the procedures and accounts of the Board of Directors. The Board shall elect a chairman from among its members.
ARTICLE 20. DUTIES OF THE SUPERVISORY BOARD
This Board shall execute its audit task according to the rules and procedures determined in the Charter of the Association at intervals that do not exceed six months and shall submit the results in a report form to the Board of Directors and to the General Assembly when it is held.
ARTICLE 21. THE DISCIPLINARY BOARD AND ITS DUTIES
The Disciplinary Board shall comprise three (3) full members and three (3) reserve members who have been elected by the General Assembly for two years. The Court shall elect a chairman from among its members. The Disciplinary Board shall give the appropriate penalties to members who violate the Charter of the Association and its objectives.
Decisions made by the Disciplinary Board are taken by a majority vote. The decision of the Court shall be notified to the Board of Directors within 15 days at the latest.
ARTICLE 22. PENALTIES
The penalties given by the Disciplinary Board are as follows;
a) Warning
b) Reproach
c) Temporary Exclusion
d) Exclusion
ARTICLE 23. REVENUES OF THE ASSOCIATION
a) The annual membership fee shall be determined by the General Assembly.
b) The admission fee (shall be determined each year by the Board of Directors).
c) Donations and grants given to the Association.
d) Revenue generated from activities organized by the Administration, such as balls, entertainments, shows, concerts, sporting competitions, shows and conferences.
e) Revenues from lotteries organized by the Association.
f) Revenues obtained from the estate and facilities of the Association.
ARTICLE 24. BOOKS OF THE ASSOCIATION
The Association is responsible for duly keeping the following books.
a) Book of full members,
b) Book of athlete members,
c) Book of junior members,
d) Minutes book of the Board of Directors,
e) Minutes book of the Disciplinary Board,
f) Book of incoming and outgoing documents,
g) Books of revenue and expenditure,
h) Budget book, book of the final account and balance book,
i) Inventory book,
j) Association’s Book of Honor,
k) Register for the certificates of receipt,
Receipts and invoices showing expenditure shall be kept for five (5) years.
ARTICLE 25. The Association has no branches.
ARTICLE 26. INTERNAL AUDIT PROCEDURES OF THE ASSOCIATION
The internal audit of the Association shall be carried out by publishing regulations and directives upon the resolution of the General Assembly for establishing and co-executing the duties, authorities and responsibilities of organs, subsidiaries and officials determined for realizing the above mentioned objective;
continuing the unanimity among members that have come together and strengthening the solidarity, establishing the discipline in membership relations;
realizing in the best possible way the working plan that has been determined and the program implemented within the budget;
establishing rules concerning the procedures to be applied in collecting the incomes of the Association and making its expenditures;
bringing and implementing objective criteria and values based on the reports of experts on subjects such as activity characteristics, social aids etc. and resolving all other matters deemed necessary.
ARTICLE 27. AMENDMENT OF THE CHARTER
The Charter may be amended under the condition that the amendment is placed on the agenda of the ordinary or extraordinary meeting and that the amendment proposals are notified to members in writing having given reasonable notice.
A quorum shall be required to start the General Assembly meeting.
The quorum for the amendment of the Charter shall be two-thirds of the votes of members who are present at the meeting.
ARTICLE 28. DISSOLUTION OF THE ASSOCIATION
The Association may be dissolved upon the decision of the General Assembly. The General Assembly may decide to dissolve the Association only if two-thirds of General Assembly members that would convene according to this Charter are present at the meeting.
In the case of this majority not convening for the first meeting, the General Assembly shall be called to a second meeting and the dissolution decision shall be given with the votes of the two-thirds of the participating members.
In the event of the Association being dissolved, its assets shall belong to the ENKA FOUNDATION.
ARTICLE 29. THE HONORARY PRESIDENT
The Association receives material and spiritual support from the ENKA FOUNDATION.
The Chairman of the Board of Trustees of ENKA FOUNDATION and of its Board of Directors is the Honorary President of the Association.
The Honorary President may participate to all the meetings of the General Assembly and of the Board of Directors.
ARTICLE 30. MISCELLANEOUS PROVISIONS
a) The member may only participate in competitions under the name of the Association.
b) The Association festival shall be celebrated each year with a suitable event.
c) The Association shall have a library and a museum. All prizes won in competitions by Association members must be kept in this museum.
d) The Association will have two honor boards. One of them shall comprise the names of members who have broken records in Turkey, while the other shall contain the names of members who have won prizes in international competitions.
e) The General Assembly shall establish the social component of the Association. The enjoyment of the social component of the Association by members and the ways they contribute to the expenditures of the social branch in return, as well as the conditions under which guests benefit from the social branch, shall be established by the Board of Directors under a regulation to be approved by the General Assembly of the Association.
f) At the end of the electoral period of the assemblies or in the event of dissolution, each committee shall undertake a handover procedure and certify it with an official report and register it in the minutes book of the Board of Directors.
g) Decisions taken at the General Assembly shall be announced by placing them on the bulletin board and giving notice to the interested parties on matters concerning others.
ARTICLE 31. The Law of Associations numbered 2908 and the provisions of the Law of Communities of the Civil Code shall be applied in matters that are not explicit in this Charter.
ARTICLE 32. This Charter shall enter into force on the date of its approval by the Legal Authority.
