FOUNDATION DEED FOR UĞUR MUMCU INVESTIGATIVE JOURNALISM FOUNDATION
FOUNDATION AND NAME
Article 1. A foundation was founded by Güldal Mumcu, whose identity and residential address are provided under the Article 5 of this Foundation Deed in accordance with the relevant provisions of the Turkish Civil Code as an independent legal entity. The name of the foundation is “UĞUR MUMCU ARAŞTIRMACI GAZETECİLİK VAKFI” (UĞUR MUMCU INVESTIGATIVE JOURNALISM FOUNDATION). The expression “Foundation” used under this Deed indicates “UĞUR MUMCU INVESTIGATIVE JOURNALISM FOUNDATION”.
CENTRAL OFFICE
Article 2. The central office of the Foundation locates in Ankara. Until the foundation procedures are completed, the address of the Foundation is “Uğur Mumcu’nun Sokağı 65/9 Ankara”.
PURPOSES
Article 3. The purposes of the Foundation are contributing to development of journalism and increase on its prestige; working on training investigator journalists with occupational knowledge and high skills who are respective to the requirements of freedom of being informed and informing others, who are secular and faithful to the democratic republic principles; gathering information related to those fields; contributing to development of contemporary scientific methods and techniques; holding several types of meetings; and conducting some researches or making them conducted by founding an UĞUR MUMCU INVESTIGATIVE JOURNALISM CENTRE which will evaluate all of the works, products and documents such as letters, books, journals, photographs, images, films etc. related to UĞUR MUMCU.
WORKS AND OPERATIONS
Article 4. The following works and operations are carried out by the Foundation in order to achieve its purposes. For the purposes of the Foundation, the following works and operations are carried out:
a. To conduct some researches and examinations or to make them conducted related to the relevant fields and subjects; to disseminate and publish the results of them for the public;
b. To develop scientific and educational research projects, to create and implement several programs and projects within the framework of those projects in order to contribute to the training and development of the qualified investigator journalists equipped with contemporary research techniques;
c. To establish facilities in the fields and subjects related to the purposes of the Foundation, to organize events such as exhibitions and similar shows, conferences, seminars, symposiums and panels;
d. To organize competitions with or without awards, to support the works of individuals and organizations dealing with those issues, to provide incentives with scholarships and similar tools on the subjects related to the purposes of the Foundation;
e. To cooperate with official and private institutions and organizations providing services in the same fields, to participate in the joint work programs, to establish permanent or temporary working units providing that they comply with the legal conditions;
f. To create funds for all kinds of studies and activities to be carried out in the fields and subjects included in the purposes of the Foundation and to spend the revenues of the Foundation and the accumulated money related to those funds for such working operations;
g. To establish and operate business in accordance with the legal conditions when necessary in order to carry out and facilitate works and operations related to the purposes.
The Foundation carries out similar works and operations if necessary and appropriate in order to achieve its purposes in addition to those written under the above paragraphs.
CAPACITY
Article 5. The Foundation acquires a legal entity status after it is registered to the court registry based on this Foundation Deed. The Foundation has the capacity to have rights and obligations written in the Article 46 of the Turkish Civil Code since its registration. The Foundation acquires the licence to exercise civil rights in accordance with the Article 48 of the Turkish Civil Code through the management body determined in accordance with this Deed from the date of registration. The Foundation is authorized to carry out all kinds of legal procedures, to acquire rights and to pay off debts within the frame of its acquired rights and capacity to act. As a result; the Foundation is competent and authorized to acquire properties and assets, general and personal rights on them, all kinds of receivables, intellectual and other rights in accordance with the legal procedures, death-related possessions and legal provisions; to carry out procedures related to possession for disposition or conversion on the assets it acquired in those ways providing to follow the requirements related to the procedures and permissions indicated in the Articles 79 and 80-A of the Turkish Civil Code; to undertake operations increasing its assets; to execute all kinds of pledge procedures providing to fulfil the legal obligations and obtaining necessary permissions; to secure assets and properties with or give them as pledges; to provide right of easement; to establish and provide right of usufruct and personal rights; to take out loans and establish relationships related to loans; to carry out operations which are related to the fields of the Foundation or beneficial for its purposes providing to obtain permissions and authorizations necessary under the legal obligations indicated above. However, the Foundation cannot exercise those authorities for the purposes prohibited under the Turkish Civil Code.
FOUNDER AND ALLOCATED ASSETS
Article 6. The Founder of the Foundation is Güldal MUMCU. The assets of the Foundation on the date when this Foundation Deed is signed is TL 500.000.000 which was provided for the Foundation unconditionally by the Güldal MUMCU and which was deposited to the Vakıflar Bankası for it to be added to the assets of the legal entity of the Foundation on the date of registration.
Article 7. The assets of the Foundation consist of appropriations on the date of foundation, all kinds of savings and incomes to be obtained through the activities to be carried out for the purposes of the Foundation.
BODIES
Article 8. The bodies of the Foundation are the Board of Managers, the Advisory Board and the Board of Auditors.
BOARD OF MANAGERS
Article 9. The Board of Managers consists of Özgür Mumcu and Özge Mumcu, children of Uğur and Güldal Mumcu and Güldal Mumcu as the chairperson. However, Özgür and Özge Mumcu will start their roles as members of the Board of Managers after they reach the legal age in accordance with the Turkish Civil Code. Until the Board of Managers consists of one chairperson and two members, Güldal Mumcu exercises the authorities provided for the Board of Managers solely primarily, then with the participation of Özgür Mumcu, and carries out the duties. In case some issues prevent the member of the Board of Managers to fulfil his/her duties, each of them assigns a Turkish citizen who is compatible to exercise the civil rights in order to take his/her place and submits the name and identity of the representative within a closed envelope to the register of the Foundation or another suitable department.
Article 10. The duties and authorizations of the Board of Managers are as follows:
a. To manage and represent the Foundation;
b. To make the decisions related to the purposes and subjects of operation written in the Deed, to determine the priorities in terms of type and kind of operations, to make the decisions to be executed and applied;
c. To issue annual budget and investment programs, establish an accounting system and inspect the operations, determine the final accounting status at the end of the year;
d. To establish working organization of the Foundation, to determine the staff to work with under this organization and their wages, to assign people and supervise them;
e. To carry out procedures related to establishment of the facilities of the Foundation and to make regulations related to them, follow and supervise them;
f. To carry out all kinds of works and operations written under the foregoing Article 4 related to all kinds of fields of operation related to the purposes of the Foundation.
Article 11. The Board of Managers may invite the experts in the number and qualities determined by them to attend in the meetings for them to assist for their works.
Article 12. The Board of Managers holds a meeting at least once in a month with the attendance of the majority of the members. The decisions are made with the unanimous votes of the attendants. The ones attending to the meetings of the Board of Managers with a title of expert express their opinions without participating in the voting. The Board of Managers may assign one or more agents from the members or from outside for the conditional or unconditional donations to be made to the Foundation to be accepted and for the execution of the operations of the Foundation.
ADVISORY BOARD
Article 13. The Advisory Board is an advisory body and consists of nine people among the ones who are determined to carry out works related to the purposes of the Foundation. The first 4 members of the first formation of the Advisory Board are assigned by Güldal Mumcu on behalf of the Board of Managers. Those four members assign other five members and then form the Advisory Board consisting of 9 people. The members determined by the Board of Managers work for the Advisory Board for four years and other members work for three years. The member completing its duration may be re-assigned. The place of the member who resigns for any reason before the termination is filled through a method for the determination of the relevant member. The Advisory Board holds a meeting upon the call of the Board of Managers. The chairperson of the Advisory Board is the chairperson of the Board of Managers.
Article 14. The Advisory Board examines the annual operation report and budget of the Board of Managers, assigns the auditors of the Foundation and expresses opinions related to the issues demanded by the Board of Managers.
BOARD OF AUDITORS
Article 15. The Board of Auditors consists of three people assigned by the Advisory Board. The auditors serve for a year. They examine the accounting status of the Foundation and submits the report they issue to the Advisory Board. The auditors work as a board.
ORGANIZATION
Article 16. The Board of Managers establishes the organization necessary for the works of the Foundation. The Board of Managers makes the necessary regulations in order to show the foundation and operation of the organization and authorizations and responsibilities of the agents. In case it is deemed necessary, the Board of Managers decides to assign a General Manager for the Foundation by determining his/her authorizations. General Manager is the head of the Foundation and serves as a authorized representative for the Board of Managers.
OPERATION
Article 17. The Foundation plans the investments and services suitable for its purposes and fields of operation by taking financial opportunities and needs into consideration. The programs are issued annually. The budget of the Foundation is also issued annually. Financial period starts in January and ends in December. The Board of Managers is authorized to make transfers between the sections of the budget under compulsory cases.
TERMINATION AND LIQUIDATION
Article 18. In case it is impossible to achieve the purposes, the legal entity status of the Foundation is terminated. Assets of the Foundation whose legal entity status is terminated are liquidated by the last Board of Managers. The liquidated balance is provided to the Union of Turkish Bar Associations.
Provisional Article. Hilmi Haluk Ünsal was assigned and authorized to represent the Foundation, to make necessary application on behalf of the founder during the foundation stage, to follow and finalize the procedures necessary for the courts and other official authorities and bodies. The representative exercises those authorities personally or by proxy.
Article 19. This Foundation Deed was issued and signed on September 30, 1994.
