FOUNDATION DEED

ARTICLE-1 THE ESTABLISHMENT AND NAME OF THE FOUNDATION

The Kurdish Cultural and Research Foundation has been established by the persons listed in "Appendix 1" in order to realize the aims recorded below. It will shortly be mentioned as "KURT-KAV" and related as "FOUNDATION" in the legal deed.

ARTICLE-2 THE CENTER OF THE FOUNDATION

The center of the Foundation is in the province of Istanbul, at Tarlabasi Bulvari Corbaci Sk, No:13 Taksim — Istanbul. This address can be changed through a decision taken by the Board of the Foundation. The Board can establish branches and agencies at home and abroad, if it gets permission from the official authorities.

ARTICLE-3 THE AIMS OF THE FOUNDATION

The ailms of the Foundation are to carry out researches on fundamental reghts and freedoms, to explore and study the Kurdish language, culture, and history, to work for the solution of the health problems and the development of the sports.

ARTICLE-4 THE ACTIVITIES OF THE FOUNDATION

In order to realize these aims, the Foundation will be engaged in activities such as:

  • a. To establish, rent, buy, associate with and run education and instruction8 institutions at all levels such as pre-school, primary, higher and postgraduate degrees and to carry out joint works with the existing similar institutions.
  • b. To hold scientific, cultural, artistic and educational courses, conferences, assemblies, seminaries, panels, symposia, debates and exhibitions independently or in association with the institutions that will give aid in information, money and material, and to participate in such gatherings held by other organizations.
  • c. To establish institutes, research-development centers and similar associations and to carry out all sorts of scientific and academic undertakings.
  • d. To set up all sorts of publications and run radio and television operations in the fields concerning the Foundation, and to associate with, cooperate with and contribute to the institutions and establishments working in these fields.
  • e. To cooperate with the institutions and establishments showing activities in similar spheres, and to give education, instruction, research and development scholarships with or without return.
  • f. To provide resources at home and abroad for the talented children and youths in arts, science and culture fields, so that they can receive education in accordance with their talents.
  • g. To support the artists, scientists, researchers and other persons with similar qualities, who work in the activity fields of the Foundation and to hold contests and give awards in these fields.
  • h. To rent, establish and run resting, amusement and recreation establishments, places suitable for socialxcultural activities, rest homes forthe aged, nursery schools, youth villages, shelter houses for women and to carry out all sorts of tourism activities.
  • i. To take short and long metrage films and to produce and distribute audio-visual cassettes in the fields concerning the Foundation.
  • j. To collect works written or to be written in the fields concerning the Foundation and to establish archives and libraries.
  • k. To carry out and arrange researches in scientific subjects and to establish museums in order to preserve the historical and cultural riches discovered in these researches.
  • l. To help the victims who have suffered from all sorts of natural disasters, social events and wars.

ARTICLE-5 LEGAL TRANSACTIONS TO BE PERFORMED BY THE FOUNDATION FOR REALIZING ITS AIMS

In order to achieve its aims, the Foundation is permitted and empowered for the following undertakings as stated in Article 46 of the Turkish Civil Code: To posses and use movable and unmovable properties (whose amount and value are not restricted except by the legal limitations) through donation, position, purchasing and renting; to sell, transfer and cede the possessions it owns in accordance to the relevant provisions for the foundations, and to acquire and spend their incomes; to use one or more than one of the unmovable properties or their incomes belonging to the assets of the Foundation once or more than once for investment; to spend the movable and unmovable properties that it has owned through donation and bequeathing (with the condition that they are devoted partly or entirely to the aims of the Foundation) purchasing and other means for management and tenure; to buy shares, bonds, financing bonds, deposit certificates, treasury bonds, investment funds and other securities in order to increase the revenues of the Foundation, and to appreciate and sell them when the aims of the Foundation necessitates; to cooperate with foreign foundations engaged in activities towards the similar aims, through the permission of the domestic and authorized offices; to receive aid from the domestic and foreign foundations, and to deal agreements for these aids; to acquire incomes from the projects and all sorts of activities carried out or to be carried out in accordance with the aims of the Foundation; to accept and use the not-in-kind rights of the unmovable properties such as coalescence, benefit, habitation, superior pawn, mortgage, and to receive all sorts of guaranties (including the pawn on movable and unmovable properties) for the existing and possible incomes derived from them and the contracts that the Foundation will deal; to accept the valid bails of the banks; to borrow money, to put in pawn its movable and unmovable properties and to give bail and other guaranties for elaborating the aims of the Foundation; to deal undertakings, disposals, acquirements and contracts subject to the aims determined as partly or entirely useful and necessary for the aims of the Foundation; to establish funds that may be useful for its aims and employment matters; to associate and cooperate with natural persons and corporate bodies. The Foundation can not employ these powers for considerations and intentions prohibited by the law numbered 903.

ARTICLE-6 THE ASSETS OF THE FOUNDATION

The founding assets of the Foundation is 300.000.000 TL that has been assigned by the founders.

THE ORGANS OF THE FOUNDATION, THEIR DUTIES AND POWERS

ARTICLE-7 THE ORGANS OF THE FOUNDATION

  • a. General Assembly
  • b. General Assembly of Founders
  • c. Board
  • d. Censor Committee

ARTICLE-8 GENERAL ASSEMBLY

The General Assembly is the highest organ of the Foundation. It consists of the members of the members of the General Assembly of Founders and those who have acquired membership after the establishment of the Foundation. (Everyone who will serve the aims of the Foundation without discrimination in language, religion, race, colour or sex may be a member of the Foundation; the membership applications must be admitted by the Board and approved by the General Assembly.) The General Assembly meets at least once a year. The main duties it executes are as follows:

  • a. It elects the members of the Board.
  • b. It elects the members of the Censor Committee.
  • c. It inspects and evaluates the activities of the Foundation. It endorses the internal regulations of the bodies attached to the Foundation and resolves the issues presented by the Board.
  • d. It modifies or amends the legal deed of the Foundation.
  • e. It approves or rejects the membership applications proposed by the Board.

The General Assembly my meet ordinarily or extraordinarily. Its ordinary annual meeting is held in March. It may also meet extraordinarily upon the request of the Board or one third of the members of the Board or the absolute majority of the General Assembly of Founders. The date, place and agenda of the meeting will be notified to the members by mail or announcement.

If less than one half of the members are not present at the first meeting of the General Assembly, the decisions will be taken by the majority of the members present at the next meeting. The General Assembly will be directed by a presiding board consisting of a chairman and two secretaries. The conclusions will be written down in the record of proceedings.

ARTICLE-9 GENERAL ASSEMBLY of FOUNDERS

The General Assembly of Founders consists of the founder members who have signed the legal deed.
Whenever the General Assembly of Founders determines that the Board is acting contrary to the aims of the General Assembly, it can discharge this organ until the extraordinary meeting of the General Assembly. An interim board may be constituted to work until the new board is created.

ARTICLE-10 THE BOARD

The Board of the foundation consists of 11 titular and 11 reserve members. It is elected by the General Assembly for two years. It executes the activities according to the legal deed of the Foundation and the direction determined by the General Assembly. Seven of both titular and reserve members must be from the General Assembly of Founders.
The Board chooses a president and a vice-president among its members. The president of the Board is also the president of the Foundation. If the president dies or resigns, the vice-president assumes the presidency.
The Board works to fulfil the following main duties:

  • a. To strive for accomplishing the aims of the Foundation and to increase its assets and resources.
  • b. To maintain the management of the Foundation in conformity with the deed of the Foundation and the decisions taken by the General Assembly.
  • c. To prepare directives in accordance with the regulations.
  • d. To create and nominate committees before the affairs and transactions of the Foundation in accordance with the aims of the Foundation and to assign the necessary funds for the success of the committees. These committees execute their duties bound to the Board in direction of the aims of the Foundation, and function in a respect as advisory bodies to the Board.
  • e. The Board takes its decisions by majority system; in the case of the death or resignation of a member, it appoints the first reserve member to fill his place.
  • f. The Board submits proposals of terminating membership of those violating the discipline of the Foundation and acting against the aims of the Foundation for the approval of the General Assembly.
  • g. To sue and pursue actions for and against the Foundation.
  • h. To accept all sorts of aid and donation proper in respect to the aims of the Foundation.
  • i. To determine and apply the stipulations for employing and dismissing the staff who will work at the Foundation and the personnel statue.
  • j. To perform all transactions useful and necessary for accomplishing the aims of the Foundation and sound enforcement of the affairs by the Foundation, convenient within the limits of the law of The Foundations. The Board meets once a month. Extraordinary meetings can be held upon the request of the two third majority of the members. At the meetings, the topics on the agenda will be resolved.

ARTICLE-11 GENERAL SECRETARY

The Board will appoint the general secretary of the Foundation in its first meeting. The general secretary is the head of the administrative organization and the professional staff of the Foundation. The implementation of the decisions taken by the Board and the regulation of the secretarial affairs of the Board and the trustees committee ae among the duties of the general secretary. The general secretary is responsible to the Board. He/She attends to the meetings of the Board but has no right to vote.
If the general secretary is a member of the Board, he/she may be paid for this and will also have a vote.

ARTICLE-12 CENSOR COMMITTEE

The Censor Committee of the Foundation inspects the activities of the Foundation and submits the inspection results to the General Assembly as a report. When necessary, it unanimously calls the General Assembly to an extraordinary meeting and states duties
The Censor Committee is elected by the General Assembly for two years. It consists of 3 titular and 3 reserve members. When a titular member dies or resigns, the reserve members become titular members according to their rank. Two of both titular and reserve members must be from the General Assembly of Founders.

ARTICLE-13 DONATION OF THE MEMBERS

The members may establish scholarships through donations in their name and allocations that will bring revenue. They may also donate unmovable properties that befit the aims of the Foundation and that will bear their names.

ARTICLE-14 THE COVER OF THE SERVICES PERFORMED FOR THE FOUNDATION

The members of the General Assembly of Founders, the Board and the Censor Committee will perform their duties without any fee. But the journeys and expenses made by them for the Foundation will be met by the Foundation.
If the members of the Board assume a special or staff duty besides their memberships at the Foundation or the affiliated bodies, they may be paid for these services. The powers, responsibilities and payments will be determined by the Board.

ACCOUNT TERM

ARTICLE-15

The account term of the Foundation is the calendar year.

ARTICLE-16

The recording document of the Foundation are the decision register and the necessary account books.

ARTICLE-17

The Foundation administration will allocate and spend 20 percent of the gross revenues acquired in the year for the maintenance expenses, the needs and the investments to increase the assets of the Foundation, and the remaining 80 percent for the aims of the Foundation.

ARTICLE-18

At least 10 percent of the capacity of the education establishments set up by the Foundation will be allocated to the students who are talented, but deprived of material resources; at least 10 percent of the capacity of the health establishments will be allocated to the patients without material resources.

ARTICLE-19 MODIFICATIONS IN THE DEED OF THE FOUNDATION

The deed of the Foundation may be modified in accordance with the needs. For this end, a modification proposed by the Board must priority be approved by the two third majority of the General Assembly of Founders. Then this proposal text will be discussed at the General Assembly; a decision for modification can be taken only by two third majority.
The abolition of the Foundation is also bound to the same procedure to modify the deed of the Foundation. Upon the abolition, the assets of the Foundation may be delivered to another foundation working for the same aims.

ARTICLE-20 THE INAUGURATION FOR THE FOUNDATION FUNCTION

After being registered according to Article 74 of the Turkish Civil Code, which has been modified by the law numbered 903, this foundation is legitimated and begins to function.

ARTICLE-21 THE FOUNDERS THE FOUNDATION

The founders of the Foundation are indicated below.

PROVISIONAL ARTICLES:

PROVISIONAL ARTICLE-1

The first Board of the Foundation consists of the persons whose names are written below.

PROVISIONAL ARTICLE-2

In order to perform all transactions necessary for the registration of this foundation;

  • Atty. Mehmet Celal BAYKARA
  • Atty. Ercan SEZGİN
  • Atty. Tülay GEYİK are empowered.