Bylaws of the Turkish–German Association for Psychiatry, Psychotherapy and Psychosocial Health

1. Name and Place of Establishment

1. The name of the Association is “Turkish-German Association for Psychiatry, Psychotherapy and Psychosocial Health” (Deutsch-Turkische Gesellschaft für Psychiatrie Psychotherapie und Psychosozialegesundheit).

2. The Association has been established in Marburg, Lahn.

3. The Association has been registered by Marburg Administrative Court.

4. The financial year of the Association is a calendar year.

2. Purpose of the Association

1. The purpose of the Association is to ensure that both countries encourage, directly and entirely for public benefit, cooperation among Turkish and German specialists who work in fields of psychiatry, psychotherapy, social work and other branches, and contribute to mental health.

2. In order to achieve the above-mentioned purpose, the Association mainly seeks:

a. to support and encourage research and training studies aimed at improving the psychosocial status of immigrants and returning migrants in Turkey and in German speaking countries, and their relatives,

b. to promote, in a systematized manner, development of psychosocial services primarily in fields such as psychiatry, psychotherapy, rehabilitation, educational institutions, youth services and care for the elderly both in Turkey and in Germany,

c. to promote enactment of legislation which regulates the priorities of immigrants and returning migrants as well as the priorities of living together with the native population in the migrant-receiving country,

d. to reinforce cultural exchange in respect of mental health between Turkey and Germany,

e. with the help of volunteers, to organise conventions and professional meetings aimed at exchange of information between regions.

The Association intends to make initiatives for achieving the purposes specified above, and to assist institutions which are responsible therefor.

3. Status as a Non-Profit and Public Benefit Organisation

The Association pursues solely public benefit in its activities, and complies with the section entitled “tax-privileged purposes” of the Tax Code. The Association conducts its activities on voluntary basis. The activities are not aimed at obtaining any profits or earnings.

The instruments or earnings obtained by the Association may only be used for purposes specified in the bylaws. The members may not acquire any gains or any share from the assets of the Association. Real persons or legal entities may not benefit from payments or disproportionate rewards that do not conform to the objectives of the Association.

4. Funding

1. The Association shall use the membership fees, donations, cash and in-kind contributions of members for financing its activities.

2. Members shall pay an annual membership fee. The minimum amount and method of payment of membership fees shall be determined by the General Assembly. The amount of membership fees for members with low income (such as students, part-time employees, the unemployed), and the members who are not required to pay membership fees (e.g. honorary members) shall be agreed by the General Assembly.

5. Membership

1. Membership to the Association is on voluntary basis and is open to all real persons or legal entities, from among those listed below, who wish to assist the Association in its activities as set out in its bylaws.

2. Legal entities (associations, unions, etc.) that wish to actively contribute to the purposes of the Association may also join the Association as supporting members.

3. Real persons or legal entities who wish to support the Association in its activities pursuant to its bylaws may also be admitted as honorary members. Persons who have rendered distinguished services for the objectives of the Association may be elected as honorary members. The honorary membership status is bestowed by the Board of Directors, however, it must also be approved by the General Assembly.

Honorary members are not obliged to pay membership fees.

4. The decisions as to acceptance or rejection of membership applications shall be given by the Board of Directors upon written applications. The decisions shall be notified to the applicants in writing.

6. Dismissal from Membership

1. Membership to the Association terminates for reasons such as resignation, dismissal from membership or death. Members may resign at any time by serving a written notification to the Board of Directors. The obligation to pay the membership fees shall terminate upon expiry of the financial year during which the resignation occurred.

2. In the following circumstances, a member may be dismissed from membership by a simple majority vote of the board of directors:

– acts in violation of the provisions of the bylaws

– acts in violation of the interests of the Association

– failure to pay the membership fees despite repeated warnings

The relevant member must be notified of the decision of the Board of Directors.

3. The member may file an objection with the Board of Directors or the Board of Auditors in writing within four weeks as of the date of notification of the decision for dismissal. This objection shall be discussed at the next General Assembly meeting. The membership will be suspended until such time.

7. Rights and Obligations of Members

Each member has the right to participate in the General Assembly meetings. The members may be elected for all the organs of the Association and may be assigned to any honorary posts. The determining factor is solely the self-sufficiency of the member.

8. Organs of the Association

The organs of the Association have been listed below:

a. General Assembly

b. Board of Directors

c. Board of Auditors

d. Scientific Advisory Committee

9. General Assembly

1. The General Assembly is the supreme organ of the Association. Only the members of the Association may participate in the General Assembly. Each member has one vote.

2. General Assembly may convene for ordinary or extraordinary meetings. The General Assembly shall convene upon a written invitation by the Board of Directors containing the agenda of the meeting. There must be at least 28 days between the date of receipt of the invitation and the date of the meeting. In cases that require an expedited decision-making process, e.g. if there is a need for an extraordinary General Assembly meeting, the term between the date of invitation and meeting may be reduced to 14 days. The urgency of the matter shall be decided by the Board of Directors.

3. Ordinary General Assembly meetings shall be held annually. The agenda shall be determined by the Board of Directors. The recommendations of the Board of Auditors and members regarding the agenda shall be taken into consideration.

4. The Board of Directors may, when it deems necessary, organise an extraordinary General Assembly meeting within the term and in the manner specified in the second paragraph of this article. In addition, the extraordinary General Assembly may also convene, if:

– 1/3 of the members; or

– 1/5 of the members plus the board of auditors

submit a request to the Board of Directors by stating the reasons and purposes.

5. A General Assembly which has been duly summoned for meeting has the right to make resolutions regardless of the number of members who are present.

6. The resolutions shall be made through simple majority of present members.

7. General Assembly shall elect a meeting council from among its participants. This council shall be comprised of

– a chairman

– a deputy chairman

– two clerks

Minutes of the General Assembly meeting will be prepared and signed by the chairman, deputy chairman and two clerks.

8. The duties of the general assembly have been listed below:

a. to elect the chairman of the Board of Directors

b. to elect the members of the Board of Directors (deputy chairman, vote collector, clerk, other members)

c. to elect the Board of Auditors

d. to approve the honorary members and members of the scientific advisory committee recommended by the Board of directors

e. to monitor the activity and accounting reports of the Board of Directors and Auditors, and release these boards

f. to determine the working principles of the Board of directors

g. to determine the membership fees, and the date of payment

h. to resolve on recommendations for dismissal from membership

i. to resolve on the requests notified by the members

j. to resolve on the bylaws of the Association, and amendments thereto

k. to resolve for termination of the Association

10. Board of Directors

1. The Board of Directors will be comprised of the following members:

– Chairman (“First Chairman”)

– Deputy Chairman (“Second Chairman”)

– Vote Collector

– Clerk

– Maximum six members and two substitute members

2. Pursuant to German laws, the first or the second chairman, and one member of the Board of Directors may, together, function as the Board of directors.

3. The Board of Directors conducts the activities of the Association, and manages the financial resources of the Association.

4. The Board of Directors shall be elected for a term of three years from among the members who are present at the General Assembly meeting, and shall hold office until the next election. Members may be re-elected. If a member of the Board of directors resigns from duty before the date of election, he will be replaced by one of the substitute members.

5. While electing the first chairman, 2/3 majority of the votes shall be deemed sufficient in the first two rounds, and simple majority of the votes shall be deemed sufficient in the third and last round.

6. Simple majority of votes shall be sufficient for the election of other board members. They may be elected separately or all together. It is possible to join the election with a list of members.

7. If, for acceptable reasons, a member of the Association is unable to attend a General Assembly meeting in which the Board of Directors will be elected, such member may participate in the election by making his nomination in writing. He must subsequently notify in writing that he accepts such election.

8. The Board of Directors shall be invited to meeting by the chairman or the deputy chairman.

9. The Board of Directors shall have the right to make decisions with the participation of the chairman or the deputy chairman and at least half of the elected members.

Each Board member shall have one vote. The decisions shall be taken through simple majority of votes. In case of equal number of votes, the decision will be made by the chairman.

Minutes shall be kept at the Board of Directors’ meetings, and the decisions shall be recorded in these minutes.

10. The Board of Directors may establish working groups, if necessary.

11. A chairman who resigns from his duty shall hold office, and vote at the Board of directors for a further election period, and shall have the title of “past president”.

11. Board of Auditors

1. The Board of Auditors shall be comprised of two members with equal rights, and one substitute member.

2. The Board of Auditors shall be elected by the General Assembly for a term of three years through simple majority of votes, and shall continue its duties until the subsequent elections. The members of the Board of Auditors may be re-elected.

3. Members of the Board of Auditors may not perform duties in the other organs of the Association.

4. Members of the Board of Auditors may attend the meetings of the Board of directors.

5. The duties of the Board of Auditors are as follows:

a. to check whether the resolutions of the Board of Directors comply with the bylaws

b. to audit the accounting records of the Association

c. to review the budget and the annual accounts

d. to submit an audit report to the General Assembly

12. Scientific Advisory Committee

1. Scientific Advisory Committee shall provide consultancy to the Board of Directors regarding technical and scientific works of the Association,

2. Scientific Advisory Committee shall be comprised of persons elected by the Board of Directors and approved by the General Assembly. These persons shall perform duties for a term of three years. They may be re-elected.

3. The number of members of the scientific advisory committee shall be decided by the Board of Directors.

4. Scientific Advisory Committee shall convene twice per year. The invitation to meeting shall be made by the Board of Directors in writing.

13. Amendments to the Bylaw

These bylaws may only be amended with the votes of ¾ of the participants at a General Assembly meeting. The request for amendment must have been specified in the letter of invitation of the General Assembly to meeting.

14. Termination of the Association

1. The Association may only be terminated with the votes of ¾ of the members of the General Assembly. The request for termination of the Association must have been specified in the letter of invitation of the General assembly to meeting.

2. In case of termination of the Association or in case the aims pursued by the Association until present time become invalid, the assets of the Association shall be entrusted to the administration of a notary public designated in the meeting held for the termination transaction. In such case, the assets of the Turkish–German Association for Psychiatry, Psychotherapy and Psychosocial Health shall be taken over by Dachverband e.V., the Association for Transcultural Psychiatry, Psychotherapy and Psychosomatic Medicine in German-Speaking Countries, which aims to promote cooperation among Turkish and German specialists in psychiatry, psychology and related medical fields. This transaction requires to be certified by the notary public.