The Basic Structure of Association Law

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

An association is a body of persons established to pursue a specific common purpose other than the sharing of profits. Article 56 of the Turkish Civil Code (TMK) and the Associations Law govern its legal personality and basic framework. An association may own assets and undertake economic transactions in pursuit of its purpose; the principle against profit sharing concerns the purpose of distributing profits among members. Not every economic transaction, by itself, deprives an organisation of its status as an association.

The constitution and notification procedure are important at formation. Under TMK Article 59, legal personality is acquired when the formation notification, constitution and required documents are submitted to the competent civil administrative authority. The subsequent administrative examination should not be confused with this moment of acquisition. Missing documents or unlawful provisions are subject to the statutory procedures for rectification and examination. As a general rule, forming an association is not conditional upon obtaining prior permission to establish it.

The constitution is the basic text defining the purpose, membership, governing bodies and decision-making arrangements. Under TMK Article 72, the general assembly, board of directors and supervisory board are mandatory bodies. The ability to establish additional bodies does not mean that the statutory duties of mandatory bodies may freely be transferred to them. Day-to-day administration, the powers of the general assembly and internal supervision are considered separately.

Membership and authority to represent the association are not the same. The competent body's resolution, the constitution and the relevant statutory provisions are examined together. Documenting income and expenditure, maintaining records and fulfilling notification duties are separate elements of the association's operations. A transaction's connection with the association's purpose does not automatically cure defects in decision-making and representation procedures. Association law therefore requires the connection between purpose, membership, the powers of governing bodies and asset transactions to be established through specific documents.

Legal Basis: Turkish Civil Code No. 4721, Articles 56, 58-60, 72; Associations Law No. 5253, Articles 2-4, 9, 11.

This article has been prepared for general legal information.