Community Foundations and Foundations Law Consultancy in Turkey

In community foundations, the board of directors is elected according to the procedures and terms specified in the foundation's charter. Generally, elections are held among community members during a community meeting or a special electoral assembly. Elected members must be Turkish citizens. Election results are notified to the General Directorate of Foundations with the knowledge and consent of the religious leader (patriarch, metropolitan, bishop). The board of directors usually consists of 3-7 people. The term of office is determined in the charter, typically 3 years. Members of the board of directors are fully authorized in the management and representation of the foundation, but permission from the Foundations Administration is required for important decisions (such as buying or selling real estate).

Yes, real or legal persons can establish new foundations according to the Turkish Civil Code. The intention to establish a foundation is declared through an official deed prepared before a notary or by a will. The foundation deed specifies the foundation's name, purpose, dedicated assets and rights, and management style. However, there are certain limitations: A foundation cannot be established for purposes contrary to the fundamental principles of the Constitution, the law, morals, national unity, or national interests. A foundation cannot be established with the aim of supporting members of a particular race or community. The purpose of the foundation must be general and open to the public. Purposes such as education, health, social assistance, culture, and religious services can be specified. An application is made to the court, a registration decision is obtained, and it is announced in the Official Gazette. The foundation acquires legal personality. The process takes an average of 2-6 months. Seeking legal consultancy is recommended.

If the church building is a registered structure, permission from the Regional Board for the Conservation of Cultural Heritage is mandatory for any restoration work. For the permit application, survey, restitution, and restoration projects prepared by expert architects and restorers are submitted. The Conservation Board examines the project and evaluates its compliance with the historical and architectural values of the building. After obtaining permission, notification must also be made to the General Directorate of Foundations. There may be inspections by the Conservation Board during the restoration work. Upon completion, an application is made to the Conservation Board and the Municipality for a usage permit. For simple repair works (such as painting, whitewashing, window repairs), Conservation Board permission may not be required, but notification to the Foundations Administration is recommended.

Yes, properties belonging to foundations can be rented out. However, permission from the General Directorate of Foundations is required for this transaction. The lease term and rent must be in line with market conditions. Special evaluation is made for long-term leases. The rental income must be spent for the foundation's purposes. It must be ensured that the property to be rented will be used in accordance with the foundation's purpose. The lease agreement must be made in writing and reported to the Foundations Administration.

Yes, with the law amendments made in 2008 and 2011, it has become possible to reclaim properties that were not reported in the 1936 declaration but can be proven to belong to a community foundation. For restitution, documents proving the property belongs to the foundation must be submitted. These documents may include Ottoman period foundation charter records, title deed records, and court decisions. The application is made to the General Directorate of Foundations. The Foundations Administration examines the documents and may decide to return the property to the foundation. In case of rejection, there is a right to file a lawsuit in administrative jurisdiction. ECHR decisions have formed important precedents in this matter. The restitution process varies depending on the status of the documents. If the property is still owned by the Treasury or third parties, the restitution procedure may be more complex.

Foundations law consultancy fees are determined according to the scope, complexity, and duration of the work. The initial meeting is usually free of charge or for a nominal fee, during which the foundation's needs are listened to and estimated cost information is provided. For regular consultancy services, monthly or annual package fees can be determined. For litigation and legal proceedings, hourly rates or fixed fees are applied. Reasonable and appropriate pricing is made, taking into account the non-profit nature of foundations. The fee and scope of services are clarified with a written attorney agreement. Separate fee proposals are provided for specific tasks such as establishing a new foundation, restoration permit procedures, property restitution cases. In line with the principle of transparency, all expenses and fees are disclosed upfront.