06.05.2025 11:30
In the official report prepared regarding the Bakırköy Music Conservatory Foundation and submitted to the Istanbul 1st Regional Directorate of Foundations, members of the foundation's audit board and some board members made numerous allegations of irregularities against the Foundation President. According to the allegations, certain individuals on the foundation's board were not given the right to speak, and it was claimed that the foundation's income and expenses were also in violation of the law.
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The Bakırköy Music Conservatory Foundation is in the spotlight due to allegations of irregularities. In the official report prepared regarding the Bakırköy Music Conservatory Foundation and submitted to the Istanbul 1st Regional Directorate of Foundations, the foundation's audit board and some board members made numerous allegations of irregularities against the Foundation President. According to the document, the non-transparent sharing of financial statements, proxy irregularities, and unlawful practices during general assembly meetings have seriously called into question the functioning of the foundation.
FILED A COMPLAINT WITH THE ISTANBUL 1ST REGIONAL DIRECTORATE OF FOUNDATIONS
The allegations of irregularities at the Bakırköy Music Conservatory Foundation were reported to the Istanbul 1st Regional Directorate of Foundations through a petition prepared by some individuals in the management. The petition included numerous actions claimed to be contrary to the Foundations Law, requesting necessary actions to be taken regarding the matter.
The main findings highlighted in the document are as follows:
- The foundation's general assembly was postponed from the announced date (23.02.2025) to 09.03.2025 in a different manner, and this change was made without the knowledge of some board members.
- The balance sheets and income-expenditure tables presented at the meeting on 09.03.2025 were not shared properly with the members; it was stated that the assets and liabilities were not separated and the figures were presented in violation of the principle of transparency.
- It is emphasized that the proxy documents submitted for members attending the meeting by proxy were not in accordance with legal procedures and the proxies were not supported by notarized copies.
- The items voted on in the general assembly were presented outside the agenda, and decisions were made without considering objections.
- Examples of minutes claimed to have been prepared later, lacking the signature of the chair at the end of the meeting, were presented by the audit board members.
THE OPERATION OF FOUNDATIONS IS SUBJECT TO LEGAL CONDITIONS
Each of the issues emphasized in the application made to the Istanbul 1st Regional Directorate of Foundations by some members of the Bakırköy Music Conservatory Foundation is detailed in the Turkish Civil Code and the Foundations Law. In this respect, foundations wishing to operate in Turkey are deemed to have committed to comply with the provisions of these laws, and therefore, they must operate within the framework of these provisions from the moment they commence activities.
Management Responsibility of Foundations and Legislation
1. Foundation Management is Subject to Legislation
According to the Turkish Civil Code and the Foundations Law, foundations must be managed in accordance with the rules specified in their charters. Violation of these rules can lead to both administrative and judicial sanctions.
2. General Assembly and Proxy Procedure
- According to the implementation principles of the General Directorate of Foundations:
- General assembly calls must be announced in advance and in writing,
- Participant lists must be kept complete,
- Proxy documents must be notarized or legally valid,
- Balance sheets, activity reports, and financial statements must be presented to members in advance and opened for discussion.
3. Audit and Intervention Mechanism
The General Directorate of Foundations can audit the management of the relevant foundation in case of serious irregularities, send warnings to the board of directors, or temporarily dismiss the management if necessary. Documented violations can also be reported to judicial authorities.
What Do the Signatory Members Demand?
The board members who signed the minutes requested the cancellation of the meeting process, the holding of a new general assembly, and that all processes be opened to legal scrutiny. It is expected that the General Directorate of Foundations will initiate an investigation in light of these documents.
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