AEOA Rules and Regulation
CHARTER OF AUTHORIZED ECONOMIC OPERATOR ASSOCIATION
Article 1 - Title and Headquarters of the Association:
In order to bring together Authorized Economic Operator Certificate organizations operating in the field of foreign trade in Turkey, to provide information exchange, solidarity and coordination among them, to develop suggestions for the development of rights and practices under the Authorized Economic Operator Certificate and to contribute to the development of foreign trade.
Article 2 - Purpose:
The purpose of the association is to bring together the representatives of the companies operating in the field of foreign trade that hold the Authorized Economic Operator Certificate (AEO), in accordance with the relevant provisions within the scope of the Law No. 4054 on the Protection of Competition, to work in coordination and cooperation with the relevant Ministries and to make suggestions in order to develop the Authorized Economic Operator System and the rights and practices used in this context in order to improve the foreign trade of our country. The association does not deal with politics; does not intend to share profit or earnings.
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Article 3 - Activities of the Association:
Developing the rights and practices used within the scope of the authorized economic operator system, preventing cost and time losses arising from foreign trade transactions, reducing formalities, and preparing the relevant legislation easily understandable and applicable, the association;
- Provides solidarity between companies by bringing together the companies holding the Authorized Economic Operator Certificate (AEO).
- Organizes national and international meetings, seminars, panels and conferences in coordination and cooperation with the relevant ministry in order to develop the rights and practices used within the scope of the Authorized Economic Operator System, prepares a report as a result of these studies and submits them to the relevant Authorities.
- Participates in national and international meetings on the development of the Authorized Economic Operator system through its representatives, and shares the reports issued at the end of the meeting with its members.
- Determines the problems encountered in foreign trade activities, prepares appropriate suggestions for their solution and presents them to the relevant authorities.
- Conducts research at the level of different countries that implements the Authorized Economic Operator System (AEO), collects all kinds of information and statistical data, and delivers this information to its members and concerned parties.
- Conducts courses and similar training activities on the introduction of the Authorized Economic Operator System and the rights and practices.
- Follows the meetings, practices and legislation of the Authorized Economic Operator System (AEO) before the World Customs Organization and the European Union.
- Monitors and evaluates regulatory rules such as existing or future laws, regulations, communiqués, circulars on the Authorized Economic Operator System (AEO), and announces the Association's opinions and suggestions on these issues to the relevant public and private sector bodies. It establishes relations with public and private sector organizations on issues related to the field of activity of the association and participates in their works.
- Can acquire real estate and sell more than it needs.
- Can become a member of relevant national and international organizations, send representatives or represent its members in these organizations; can join the platforms to be created.
- k) Can act as an expert and referee on subjects within its field of study.
Article 4 - Subscription, Unsubscription and Dismissal from the Association:
- a) Subscription:
Every legal person who has the Authorized Economic Operator Certificate in İstanbul has the right to become a member. A maximum of one person determined by the Board of Directors of these organizations applies to the Association with a petition stating that they have adopted the Association's objectives and that they have undertaken the required dues to be paid, and with the reference of at least two of the existing Association members. The authorized representatives, whose rights to establish an association are not restricted and who are qualified to fulfill the aims of the Association and contribute to the activities, may become members of the Association with the decision of the Board of Directors. Members pay 1.000 TL entrance fee at the entrance to the Association.
The Board of Directors takes a decision on the membership applications within 30 days at the latest and notifies the result in writing to the relevant person. Members pay an annual fee of 3.000 TL each year. These dues can be changed with the decision of the Board of Directors in accordance with the current conditions. Annual dues can be collected in cash or in four equal installments in January, April, July, October.
Each member has the right to resign. Upon the written petition of the person or organization informing that he resigned from membership, his registration is deleted with the decision of the Board of Directors.
Those who do not pay the membership fee despite the written warning of the Board of Directors and insist on not paying, those who act against the Association's Charterand its purpose, those who have legally lost their right to be a member of the Association, and those who represent an organization, are notified in writing that their representation relationship with the organization they are assigned to is terminated. Those who do not re-establish their membership relationship by representing another institution are dismissed from membership and their registration is deleted with the decision of the Board of Directors. The objection right of the dismissed member at the General Assembly is reserved.
Article 5 – Bodies of the Association:
The bodies of the association are:
- General Assembly
- Board of Directors
- Supervisory Board
Article 6 - Membership in Bodies:
Substitute members, as well as permanent members, are elected to bodies at the General Assembly. Substitute members with the highest number of votes are called in order to replace the permanent members whose membership in the bodies ends for any reason.
Article 7 – General Assembly
The General Assembly consists of the full members registered with the Association. Each principal member has one voting right in the General Assembly. The member must use the game personally. General Assembly meetings are held in the province where the Association headquarters is located.
Article 8 – Meeting Time:
The General Assembly holds its ordinary meeting in February once in two years. The General Assembly may also convene extraordinarily when deemed necessary by the Board of Directors and Supervisory Boards or upon the written request of at least one-fifth of the Association members. The General Assembly convenes upon the call of the Board of Directors.
Article 9 - Call to Meeting Procedure:
The Board of Directors arranges the list of members who have the right to participate in the General Assembly according to the Association's Charter. The members to attend the General Assembly are invited to the meeting at least fifteen days in advance by announcing the day, time, place and agenda in a local newspaper or notifying in written or electronic mail. In this call, if the meeting cannot be held due to the lack of majority, the date of the second meeting is specified. The time left between the first meeting and the second meeting cannot be less than a week or more than 60 days. If the meeting is postponed for any reason other than the lack of quorum, this situation will be announced to the members in accordance with the procedure of the first meeting, stating the reasons for adjournment. The second meeting must be held within two months at the latest from the postponement date. The members are invited to the second meeting according to the principles stated above.
The General Assembly meeting cannot be postponed more than once.
Article 10 - Meeting Procedure:
a) Meeting Quorum
The General Assembly convenes with one more than half of the members entitled to attend the General Assembly according to the Association's charter. If a sufficient number is not provided in the first meeting, the majority in the second meeting is not sought. However, the number of members attending this second meeting cannot be less than twice the total number of members of the Association's Board of Directors and Supervisory Boards.
b) How the Meeting is Held
The list of members entitled to attend the General Assembly is made available at the meeting place. The identity documents of the members who will enter the meeting place, issued by the official authorities, are checked by the members of the Board of Directors or the officials to be assigned by the Board of Directors. Members enter the meeting place by signing against their names on the list prepared by the Board of Directors. Those who do not show their identity card, those who do not sign the specified list and those who do not have the right to attend the General Assembly are not admitted to the meeting venue. These persons and those who are not members of the Association can watch the General Assembly meeting in a separate section.
If the meeting quorum is met, the situation is determined by a report and the meeting is opened by the Chairman of the Board of Directors or one of the Board members to be appointed. If the meeting quorum cannot be achieved, a minute is prepared by the Board of Directors.
After the opening, the council committee is formed by electing a chairman, a vice chairman and a clerk by open vote and majority of votes to manage the meeting. During the voting to be held for the election of the bodies of the association, the voting members must show their identity cards to the council committee and sign their names on the list of attendees. Elections made to form the bodies of the association are made by secret ballot and open counting.
The management and security of the meeting belongs to the chairman of the council. The General Assembly is concluded by discussing and resolving the issues on the agenda. Each member has one vote in the General Assembly; the member must use the game personally. Decisions at the General Assembly are taken by majority vote.
The topics discussed and the decisions taken at the meeting are written in a minute and signed by the chairman of the council, vice chairman and the clerk. At the end of the meeting, the minutes and other documents are delivered to the Chairman of the Board of Directors. The Chairman of the Board of Directors is responsible for the protection of these documents and their submission to the newly elected Board of Directors within seven days.
Article 11 - Duties and Powers of the General Assembly:
The General Assembly is the Association's highest decision-making body. Issues previously stated on the agenda are discussed and resolved at the General Assembly meetings. However, it is compulsory to include the issues requested to be discussed by at least one tenth of the members present at the meeting.
The main duties and powers of the General Assembly are as follows:
a) To discuss and decide the Annual Report of the Board of directors, including the accounts of the Association, and to release the Board of Directors and the Audit Board separately,
b) To discuss and decide the estimated budget of the Association covering the next period of activity,
c) To elect the principal and substitute members of the board of directors and audit boards,
d) To discuss and decide other matters presented to the General Assembly by the Board of Directors,
e) To discuss and decide on the issues and suggestions made by at least one tenth of the members present at the meeting,
f) To amend the Articles of Association,
g) To decide on the dissolution and liquidation of the Association if necessary and to form a liquidation Commission,
h) To give general directives to the Board of Directors as necessary in order to achieve the objectives and goals of the Association,
i) To give general authority to the Board of Directors regarding the purchase or sale of necessary immovable property to the Association,
J) To discuss the objections to the expulsion decisions made by the Board of directors about the expulsion of the members of the Association,
k) To exercise the powers stated in the other articles of association.
Article 12 – General Assembly Final Declaration:
Within thirty days following the ordinary or extraordinary General Assembly meetings, the chairman of the Board of Directors shall notify the administrative authority of the general assembly conclusion statement and its annexes, which include the principal and substitute members elected to the management and audit boards and other bodies. Appendices include:
a) Copy of the minutes of the General Assembly meeting signed by the president of the Council, the vice president and the secretary,
b) If the Charter has been amended, each page of the Amended Articles of the charter, the new and old form and the last form of the Charter of the Association are signed by the Board of Directors.
The results of the General Assembly may also be made by a member of the Board of directors who is authorized by the board of Directors of the association. However, the chairman of the Board of Directors is responsible for failure to make the notification.
Article 13-Board of Directors:
The board of Directors consists of 5 principal and 5 substitute members elected by secret ballot by the General Assembly for a period of two years.
Each member of the board has right for one vote. The member attends the meetings of the Board of Directors in person. A member who does not show up may not attend the meeting or vote by proxy of a representative or other member.
Article 14-Meeting Time:
The board of Directors meets at least once a month at the call of the Chairman and, if he is not present, the deputy chairman. A member who does not attend three sessions in a row without an excuse shall be automatically dismissed as a member of the Board of Directors.
Article 15-Meeting Management:
In the first session, the board elects a chairman and a deputy chairman and a treasurer from among its members. The chairman of the board of directors or in case of his excuse the deputy-chairman of the board of directors shall manage the negotiations. The decisions of the board of directors are signed by the members and stored in a proper manner.
Article 16-Duties and powers of the Board of Directors:
In the meetings of the board of the association, agenda items which have been notified to the members in advance are discussed and decided. The main duties and powers of the board of directors are as follows:
a) To discuss and decide the work program,
b) To discuss and decide on the work report and the estimated budget to be presented to the General Assembly,
c) To decide the ordinary and extraordinary General Assembly meeting and to carry out the meetings,
d) To make necessary transfers between budget sections,
e) To establish the Organization of the Association and to decide on personnel assignment, wages, promotion, assignment and similar personnel affairs,
f) To discuss and decide the issues those are requested to be discussed by the majority of the members of the Board of Directors,
g) To represent the Association in administrative, financial, judicial and professional matters before the official and private authorities.
h) To prepare the regulations deemed necessary for the implementation of this articles of association.
i) If necessary, representation authority to follow up related issues regarding members and non-members of the Association, giving proxies for cases, to release, to waive the case or to accept the case, to file and follow up administrative, judicial, financial and execution proceedings.
j) To call the members of the Association to a consultative meeting when deemed necessary.
k) To establish working groups among members or from outside experts for common problems of the business and profession; to join or create platforms.
l) To perform the provisions of the legislation and other duties indicated in this main regulation and to take the necessary decisions.
m) To identify the person or persons who will collect income on behalf of the Association by specifying the period of authority,
n) To determine the need for fixtures, office materials and vehicles necessary for the continuation of the activities of the Association and to provide for the budget opportunities.
n) To make necessary initiatives in order to engage in such activities where it is beneficial for International Cooperation and, if necessary, to participate in similar-purpose associations, organizations or higher organizations abroad,
p) To warn the members of the Association who do not fulfill their obligations or act contrary to the purposes of the Association and to remove them from membership if necessary.
r) To discuss and approve the Declaration of the Association showing the results of the activities of the Association and the income-expense transactions which must be submitted to the administrative authority by the end of April of each year.
Article 17-Failure of the Board of Directors to Complete With Substitute Members:
If the number of members of the board of director’s falls below half of the total number of members after the replacement due to vacancies, the General Assembly is called to a meeting within one month by the current members of the Board of directors or the Audit Board. In the event that the call is not made, upon the application of one of the members of the Association, the local judge of magistrate shall appoint three members from among the members of the Association to convene the General Assembly within one month.
Article 18 - Audit Board and its duties:
It is the audit body of the association. It consists of three principal and three substitute members elected by secret ballot by the General Assembly from among the members.
The aim and purpose of the audit board is to check whether the association operates in accordance with the purpose shown in its charter and the work subjects stated to be carried out for the realization of the purpose, whether books, accounts and records are kept in accordance with legislation and the regulations of the association and presents the results of audits to the board of Directors at intervals not exceeding one year and to the General Assembly when it meets.
Upon the request of the members of the audit Board, all kinds of Information, documents and records, showing or giving by the authorities of the association must be fulfilled at the request of administration.
Article 19-President of the Association:
The chairman of the board is also the president of the Association. The president represents the Association domestically and internationally. In the case of the president's excuse, the Acting President or the secretary general represents the Association.
Article 20-Secretary General:
A general secretary shall be appointed by the Board of Directors to exercise the following duties and powers. The Board of Directors shall be authorized for such actions as the appointment, dismissal, determination of his wages and promotion of the secretary general.
The main duties and powers of the secretary general are as follows.
a) To manage the Office of the Association, to manage all kinds of correspondence, to compile related publications and to inform the Board of directors about them. Following the regulatory rules on foreign trade and announcing to the members what is necessary.
b) To inform members of foreign demands and other commercial information.
c) To constantly audit the accounts of the Association.
d) To carry out the decisions of the organs of the Association.
e) To prepare the agenda of the meeting of the Board of Directors in consultation with the chairman of the Board of Directors.
f) To present the balance of income and expenses to the Board of Directors to be organized every month.
g) To make the necessary procedures for registration of members to the Association.
h) To ensure timely collection of dues and other income.
i) To exercise other powers given by the other provisions of this articles of association, to perform duties and to ensure the implementation of articles of association to be issued.
j) To ensure that relations with members are conducted properly.
Article 21-Revenues of the Association:
a) Membership fees,
b) Revenues generated from publications by the Association, organized lottery, entertainment, concerts, conferences, seminars, courses and similar educational activities, promotional services and similar activities,
c) Income from the Association's assets,
d) Donations and grants.
Article 22-Received Documents:
The receipt documents are printed in accordance with the decision of the Board of Directors in the form and procedure conditions specified in the regulation of associations. The provisions of the regulation on associations in force shall be taken as basis in matters relating to the form, print, approval and use of the receipts and the authorization certificate to be used in the collection of the revenues of the association.
Receipt documents are transferred and delivered by minutes between the old and new treasurers.
If receipt documents are lost or stolen, the situation is determined by a record and immediately reported to the Provincial Directorate of associations.
The persons who will receive the receipt documents and their authorization documents are determined by the Board of Directors.
Article 23-Revenue and expenses procedure:
The revenues of the association are collected with the receipt certificate and expenses are made with the expenditure certificate. If the association's revenues are collected through the banks, the documents issued by the bank such as a statement or statement of accounts will replace the receipt document. The retention period of receipts and expenditure documents is five years.
The persons who shall collect the revenues of the association shall be determined by the decision of the Board of Directors and a certificate of authority shall be issued on behalf of them.
The accounting period is a calendar year and starts on January 1 and ends on December 31.
Article 24 - books and records:
The association holds the following books: