Official Gazette Date: 13.11.2015 Official Gazette Number: 29531
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TITLE OF THE CHAMBER OF TRADESMEN AND CRAFTSMEN
COMMUNIQUE CONCERNING THE AMENDMENT
Purpose and scope
ARTICLE 1 – (1) The purpose of this Communiqué is to determine the procedures and principles that must be followed in the title changes of the chambers of tradesmen and craftsmen.
(2) The provisions of this Communiqué shall apply to chambers of tradesmen and craftsmen.
Basis
ARTICLE 2 – (1) This Communiqué is in accordance with the 4th, 5th, 6th, 10th and 58th articles of the Tradesmen and Craftsmen Professional Organizations Law No. 5362 dated 7/6/2005. It was prepared based on the 12th and 34th articles of the Decree Law on the Organization and Duties of the Ministry of Customs and Trade dated 3/6/2011 and numbered 640.
Definitions
ARTICLE 3 – (1) In this Communiqué;
a) Ministry: Ministry of Customs and Trade,
b) Ministry e-tradesmen and craftsmen database: The system that enables the transactions and services of professional organizations of tradesmen and craftsmen to be carried out electronically,
c) Union: Unions of chambers of tradesmen and craftsmen,
ç) General Directorate: General Directorate of Tradesmen and Craftsmen,
d) Specialized chamber: Chambers of tradesmen and craftsmen established in provincial centers or districts by tradesmen and craftsmen operating in the same profession,
e) Law: Tradesmen and Craftsmen Professional Organizations Law No. 5362 dated 7/6/2005,
f) Mixed room: Rooms to be established by tradesmen and craftsmen from different professions who cannot reach the number to establish a specialized room,
g) Chamber: Specialized and mixed chambers of tradesmen and craftsmen established by tradesmen and craftsmen,
expresses.
Title change
ARTICLE 4 –(1) Change of title of chambers; The decision of the board of directors is made with the permission of the Ministry and the acceptance of the general assembly.
(2) Title changes cannot be made in a way that would disrupt the specialized structure of the chambers.
(3) In changing the title of the chambers, the following criteria are required:
a) The requested title must be in accordance with the profession determined in the Decision of the Coordination Board for Determining Tradesmen, Craftsmen and Traders and Industrialists.
b) The absence of a specialized chamber within the work area with the same field of activity.
c) The majority of tradesmen and craftsmen in the profession related to the requested title must be registered in the chamber requesting the title change.
ç) The number of active members of the chamber in the profession subject to the title change is more than the number of tradesmen and craftsmen specified in subparagraph (a) of the first paragraph of Article 15 of the Law.
Preliminary permission and general assembly process
ARTICLE 5 – (1) The chamber sends the board of directors' decision regarding the title change request and the five approved amendment texts in the ANNEX to the union to which it is affiliated. The Union shall notify the General Directorate of the title change request together with its own opinion within ten days. If the union does not submit the request within this period, the chamber may apply directly to the General Directorate.
(2) The General Directorate evaluates the request for title change within one month in accordance with Article 4. Headquarters; It notifies the chamber and union of the preliminary permission for the request that is deemed appropriate, and the reason for rejection if the request is not deemed appropriate.
(3) The title change, which is given preliminary permission by the Ministry, is included in the agenda of the first general assembly to be held by the chamber and is presented to the information of the members. Unless it is included in the announced agenda, the title change cannot be discussed in the general assembly, even if it is suggested by the general assembly members.
(4) In order for the title change to be accepted, the decision of more than half of the members on the list of participants in the general assembly meeting is required.
(5) General assembly minutes and agenda are sent to the General Directorate by the relevant chamber within one month.
(6) The General Directorate examines the minutes regarding the title change in terms of agenda and decision majority. If it is understood that the title change has been accepted in accordance with the Law and this Communiqué, the chamber's title will be changed in the Ministry's e-tradesmen and craftsmen database.
(7) If the title change is not discussed in the first general assembly meeting after the Ministry's permission or is not accepted in accordance with the meeting and decision quorums in the general assembly, the process must be restarted so that the title change can be discussed in subsequent general assembly meetings.
Provisions that will not apply
ARTICLE 6 – (1) Provisions contained in circulars, circulars, instructions and similar opinions of professional organizations of tradesmen and craftsmen that are contrary to the provisions of this Communiqué shall not be applied.
Application
ARTICLE 7 – (1) Implementation of this CommuniquéIn case of doubt regarding the decision, action is taken in line with the opinion of the General Directorate.
Effectiveness
ARTICLE 8 – (1) This Communiqué shall enter into force on the date of its publication.
Execution
ARTICLE 9 – (1) The provisions of this Communiqué shall be enforced by the Minister of Customs and Trade.