Frequently Asked Questions
FAQs
Cooperatives are autonomous organizations formed voluntarily by individuals who come together to meet common economic, social, and cultural needs and aspirations through a jointly owned and democratically controlled enterprise. Titles to cooperative lands are issued in the name of the cooperative legal entity, not in the name of private individuals. Each member is a co-owner of the cooperative land according to their share, and they have membership rights outlined within the framework of the Cooperative Law. These membership rights are represented by the “Membership Deed” in accordance with Article 18 of the Cooperative Law No. 1163. The membership share certificate is a legal document guaranteed by the Cooperative Law, containing all information recorded in the title deed.
Yes, cooperative members can generally transfer or sell their membership shares in accordance with cooperative rules and local laws. However, such transactions typically need to comply with the cooperative’s rules and local laws. The cooperative’s internal bylaws and the cooperative laws of the country can be decisive in this matter. Therefore, before undertaking such a transaction, a cooperative member should carefully review the cooperative’s rules and relevant laws.
Housing Cooperatives are affiliated with the Ministry of Environment and Urbanization in Turkey. This ministry is responsible for determining the country’s environmental and urbanization policies.
If you want to become a cooperative member, you generally need to be a member of a specific cooperative. The steps to join cooperatives typically follow this format:
- Cooperative Selection: Determine the type and purpose of the cooperative you are interested in. For example, there are different types of cooperatives such as housing cooperatives, consumer cooperatives, agricultural cooperatives, and so on.
- Application: Apply to become a member of the cooperative. The application process may vary depending on the rules and membership requirements of the cooperative. You may need to fill out the application form and submit the required documents.
- Reviewing the Cooperative’s Rules: Carefully examine the rules of the cooperative and understand the membership requirements. These rules may include details such as membership shares, contribution fees, operations, and management.
- Membership Share: Joining a cooperative typically requires payment of a membership share. Depending on the rules and operations of the cooperative, you may be required to pay a specific amount of membership share.
- Membership Acceptance: Your application will be evaluated and approved by the membership committee or board of directors of the cooperative. Once your application is accepted, you will be formally admitted as a member of the cooperative
- “As a cooperative member, you will have the right to participate in the activities of the cooperative. This may include rights such as attending general assemblies, voting on decisions, and running for the board of directors.
These steps generally outline the process of becoming a cooperative member. However, since each cooperative has its own rules and procedures, it’s important to carefully review the requirements of the specific cooperative before applying
“It is mandatory for housing cooperatives and their umbrella organizations to request the appointment of a Ministry Representative for general assembly meetings, and the representative is obliged to attend the general assembly.” As a result, all decisions to be taken for the cooperative are subject to a 3/4 majority vote from the general assembly. All decisions taken are recorded in the cooperative’s minute book and become effective.
- “Other Cooperatives: A cooperative can form partnerships with other cooperatives. For example, agricultural cooperatives can come together to achieve a stronger bargaining position or collaborate more effectively by sharing resources.
- “Civil Society Organizations (CSOs): Civil society organizations working for specific social or environmental purposes can also become partners in cooperatives. For example, a civil society organization focused on environmental protection can support clean energy projects by becoming a partner in an energy cooperative.
- “Public Institutions: Public institutions can also become partners in cooperatives. Especially in rural development projects, local governments or state-supported organizations can become partners in cooperatives to provide financial or administrative support.
- “Businesses: Especially small and medium-sized enterprises (SMEs) can become partners in cooperatives. These businesses can combine their strengths through cooperatives for marketing, purchasing, or other business activities.
- “Educational Institutions: Educational institutions, especially by partnering with sectoral cooperatives such as agricultural cooperatives, can provide students with practical experience and educational opportunities.
In summary, legal entities that can become partners in cooperatives are generally other businesses, civil society organizations, or public institutions that align with the objectives of the cooperative and can collaborate effectively. These partnerships can contribute to strengthening the cooperative, sharing resources, and protecting common interests.
if the Cooperative Board of Directors refuses to accept a partner’s request to withdraw, certain steps can be taken regarding the situation In this case, the following steps can be taken to protect the rights of both the partner and the cooperative:
- The Partnership Agreement and Regulations Should Be Examined: The cooperative’s partnership agreement and regulations determine the procedures and conditions for partners to withdraw. Firstly, these documents should be reviewed, and the withdrawal procedures and conditions specified in the partnership agreement or regulations should be examined.
- Legal Consultation Should Be Sought: If the partner’s request to withdraw from the cooperative is refused, the partner should contact a lawyer or legal advisor to seek legal advice and assess their rights. Legal consultation will be important to protect the partner’s rights and guide the withdrawal process.
- “Negotiation with the Cooperative Board of Directors: In case the partner’s request to withdraw is refused, the partner can attempt to negotiate with the cooperative’s board of directors. During the negotiation process, they can discuss the withdrawal conditions in accordance with the partnership agreement and regulations, and identify the necessary steps for the cooperative to accept the withdrawal request.
- “Exploring Alternative Withdrawal Methods: If the cooperative’s board of directors does not accept the withdrawal request, the partner should explore alternative withdrawal methods. This may involve going to court and demanding the right to withdraw through legal means. Since legal processes may vary depending on the country and region, seeking legal advice is important at this step.
- The partner should communicate with other cooperative members, share the situation, and seek support. The support of other members can be crucial in managing the withdrawal process and prote
In conclusion, if a partner’s withdrawal request is not accepted, legal advice should be sought, negotiations should be conducted, and necessary steps should be taken to protect the rights of both the partner and the cooperative. During this process, communication and cooperation among the cooperative’s partners are important.
A member of a housing cooperative can access information related to the cooperative by directing to the e-Devlet portal through the Ministry of Trade’s website (https://koopbis.ticaret.gov.tr/account/login) and entering their Turkish ID number and e-Government password, which enables access to the Cooperative Information System (KOOPBİS).
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