According to the law, after the partnership application is made, the cooperative board of directors will finalize the application within one month and notify the applicant. The board of directors will not be able to avoid accepting those who meet the conditions specified in the articles of association.
The value of the partnership share can be increased by the relevant ministry according to the purpose and activity of the cooperatives.
The maximum share commitment limit will not be applied for the cooperatives that will carry out insurance activities within the scope of the Insurance Law, and the value of the partnership share will be determined by taking the opinion of the relevant institution.
The annual report of the board of directors, income and expense difference accounts, balance sheet and auditor reports can also be examined electronically by the partners.
The general assembly meeting can also be held electronically, provided that there is a provision in the articles of association.
At least one or more auditors will be elected by the general assembly for a maximum of 4 years to serve as the auditing body. The auditor will inspect all transactions and accounts of the cooperative on behalf of the general assembly.
In cooperatives whose auditor’s report is not submitted to the general assembly, the financial statements, the annual report of the board of directors and the decisions taken about the release will be invalid.
Members of the board of directors of the cooperatives that guarantee the loans supported by public resources and the cooperatives that act as an intermediary in public agricultural supports will only be able to receive a fee or attendance fee, even if they work in the higher organizations of which they are partners.
It is aimed to reorganize the external audit system of cooperatives and to establish an effective audit system. Accordingly, cooperatives and their higher organizations determined by the Ministry, taking into account criteria such as the subject of work, the number of partners and turnover, will be subject to external audit. The external audit will be in the form of an audit of the financial statements. Whether the financial information included in the annual report of the board of directors is consistent with the audited financial statements and whether they reflect the truth will also be within the scope of the external audit.
External audit, in line with the decision taken by the general assembly, independent auditors authorized by the Public Oversight, Accounting and Auditing Standards Authority, professionals subject to the Law on Certified Public Accountant and Sworn-in Certified Public Accountant, central unions authorized by external audit by the relevant ministry, or affiliated central unions if a central union could not be established. can be done by the troops.
Unless cooperatives are partners in cooperative unions and cooperative unions in central union, they will not be able to provide surety for loans supported by public resources, they will not be able to act as an intermediary for public agricultural supports.
Obligation to represent a ministry for the general assembly
Building cooperatives will be deemed to have achieved their purpose and distributed after the completion of the works indicated in the articles of association and the registration of residences or workplaces in the name of the shareholders, but if the purpose of the cooperative is changed by duly amending the articles of association after registration, the provision regarding dissolution will not be applied.
Cooperatives, cooperative unions, central unions and the National Cooperatives Union of Turkey will request representatives from the relevant ministry at least 15 days before the general assembly meetings. General assembly meetings will be opened in the presence of the ministry representative and will continue. The representative will oversee the conduct of the meeting in accordance with the law, the articles of association and the agenda.
No fee will be charged for transactions subject to registration and announcement of cooperatives whose members are mostly women and established for the purpose of making use of women’s labor, and cooperatives whose members are mostly disabled. In accordance with the relevant regulation of the Union of Chambers and Commodity Exchanges of Turkey and the Law on Chambers and Commodity Exchanges, registration fee, annual dues and additional dues will not be collected from these cooperatives.
By law, cooperatives that are guarantors for loans supported by public resources and cooperatives that act as an intermediary for publicly funded agricultural supports, who avoid accepting those who meet the conditions specified in the articles of association; those who fail to submit their balance sheet and income and expense difference accounts for the examination of the partners for a period of one year, starting at least 15 days before the annual meeting of the general assembly; Although the minority duly requested to add an item to the agenda before the general assembly meeting, those who fail to fulfill it; Penalties are foreseen for the managers of cooperatives and higher organizations who do not meet the conditions or do not drop the members who subsequently lose despite the warnings of the auditors.
Those who do not deliver the cooperative’s assets such as books, documents, money, goods belonging to the cooperative to their successors; Penalties are also imposed on the managers of the cooperatives and their superior organizations that do not act in accordance with the provisions of the law regarding admission to partnership, in the cooperatives and their superior organizations that guarantee the loans supported by public resources, and in the cooperatives and superior organizations that act as an intermediary in agricultural support. Criminal liability is also imposed on auditors who do not investigate practices contrary to incompatible duties.
Each of the members of the board of directors who act in violation of the obligations will be penalized with an administrative fine of 1000 TL, separately for each liability. The total amount of administrative fines that can be imposed on the same person within the scope of the same inspection will not exceed 10 thousand liras.
Exemption from training to current managers until elections
A Cooperative Information System (KOOPBIS) will be established by the Ministry of Commerce, through which all cooperatives and their higher organizations can access cooperative services electronically and manage the central database.
The board of directors will be responsible for processing the trade registry records of the cooperative, financial statements, reports of the board of directors and auditors, the documents of the general assembly meeting, information on the identity, communication, shares and payments of the partners to KOOPBIS.
The relevant ministry and the cooperative and its higher organizations will be authorized to process and display the personal data of the partners and applicants to become a partner on KOOPBIS, provided that they are limited to their duties. Ministry; It will be able to transfer the data processed in the system to public institutions and organizations for the purpose of auditing, producing statistics, increasing automation in services, developing country cooperatives and protecting the rights of cooperative members. The data obtained cannot be used, transferred or otherwise processed in violation of the Personal Data Protection Law.
The procedures and principles regarding the use of the services to be provided in the electronic environment with the data to be kept in KOOPBIS, the transfer of the personal data processed on this system and the provision of security, and how the disclosure obligation will be fulfilled, will be determined by the regulation issued by the Ministry of Commerce, taking the opinion of the relevant ministries and the Personal Data Protection Authority.
The current board of directors and supervisory board members of cooperatives will be exempted from the education requirement until the next elections. The obligation to receive training for the members of the board of directors and supervisors to be elected until December 31, 2022, from the effective date of the regulation, will begin after this date.
To be established within a year
KOOPBIS, which will cover all cooperatives and ensure order among cooperatives subject to different laws, will be established within a year. Relevant ministries will be responsible for transferring the data in their own systems during the installation process of the system and following the data entries made by the cooperative and its parent organizations after implementation.
Members of the board of directors of cooperatives and their higher organizations; Within 6 months after the establishment of KOOPBİS, it will transfer the trade registry records, financial statements, activity reports, general assembly meeting documents, information about the identity, communication, shares and payments of the partners and all necessary information.
In this process, cooperatives and their higher organizations will continue to receive the lists showing the partners who have the right to attend the general assembly meeting, in accordance with the provisions before this article came into force. Members of the board of directors of cooperatives and their higher organizations who do not fulfill their obligations will be punished with administrative fines.
Those who do not adapt their articles of association will be considered disbanded.
Cooperatives and their higher organizations will have their articles of association adapted to the provisions of this regulation within 3 years at the latest. Cooperatives and their higher organizations that do not adapt their articles of association will be deemed to have been dissolved. If the liquidation process is not started within 2 months starting from the dissolution by the persons who are legally assigned with the liquidation, the shareholders or creditors of the cooperative and the parent organization may be asked to appoint a liquidator from the court within 2 years.
Until the articles of association are adapted, the provisions of the existing articles of association that do not contradict this regulation will be applied. In order to adapt their articles of association to this regulation, the general assemblies to be held by the cooperatives and their superior organizations will convene and decide in accordance with the procedures and majority of the ordinary general assemblies.
With the amendment made in the Law on Agricultural Sales Cooperatives and Unions, unions and cooperatives outside the scope of independent audit will be audited in accordance with the provisions of the Cooperatives Law and will be subject to external audit.
If the amount based on the restructuring of the agricultural loan receivables provided by the Agricultural Credit Cooperatives is paid in installments, the payment date of 30 percent corresponding to the down payment was postponed from the end of October this year to the end of November. The payment of the installments of the remaining amount will start in November instead of October 2022.
. (HAS) . ..