Formation of Clubs and Associations in TRNC

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/10/2009 14:38

The formation of Clubs etc. were subject to Chaper 112 Registration of clubs Law in Cyprus http://www.mahkemeler.net/ifasil/Cap112.pdf.

In 1961, soon after the setting up of the Republic of Cyprus, the Turkish Communal Chamber passed a law no. 6/1961 regarding the setting up of Clubs with membership limited to the Turkish Community. Later in 2001 TRNC passed law no. 45/2001 and cancelled a few laws, one of them being Chapter 112. Hence, from this time onwards clubs with sole membrship belonging to the Turkish Community could be set up. However Charities with the approval of the Council of Ministers can be seet up with foreign membership. So where does that leave the expat community with respect to setting up Owners' Associations until they have the title deeds and form one under another law and have it registered with the Land Registry?



I spoke to the relevant department at the District Office (Kaymakamlik) this morning and they told me that thee is a draft law to cater for aliens

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/10/2009 14:39

I always prefer the word "aliens" to foreigners because I think its funny



Anyway, it seems that those who wish to take my advice and form an Association will have to wait for a while. Yavash yavash.

ismet

http://www.elkocyprus.com

cornish



Joined: 30/12/2008
Posts: 186

Message Posted:
05/10/2009 14:44

I presume the same problem arises for any club formation? A group of friends is interested in setting up a new amateur dramatic society.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/10/2009 15:01

I am sure it is not unlawful to set up some sort of society as long as it is not too official like having officals elected and so on.

Many ladies with no work in TRNC have "Golden" days. They meet every so often in one of the host's house for the latest gossip, tea, cakes etc. and all the members give a gold coin to the host. So if there are 20 membrs in the group, the host that day gets 20 gold coins.



As the rumour goes, its a good excuse for the ladies to get extra cash from their husbands. No need to say that when they collect the 20 or so gold coins, its all theirs and do not go back to the hubbies pockets (of course)

ismet

MartinM


Joined: 03/10/2009
Posts: 166

Message Posted:
05/10/2009 15:21

Hello Elko 2



I was under the impression that a "Club" rather than a "Society" could be set up with "Alien" members being able to participate. Any comment would be gratefully received

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/10/2009 20:10

msg. 5

The first paragraph of law no. 6/1961 says:

"Üyelikleri münhasıran Türk Cemaat mensublarına ait olup kazanç paylaşmaktan başka bir maksatla kurulan her nevi birlik, dernek ve sair teşekküller, bu kanuna tabidir."

"All kinds of unions, associations, clubs, societies and other formations with exclusive membership belonging to the Turkish Community with a non-profit making aim are subject to this law."



Now you can argue that any club with alien members is clearly not subject to this law. True enough but under what authority who is going to register you as a legal entity? As it stands, there is no law to register such a club. This was legally possible before chapter 112 was repealed in 2001 but even then I doubt if they did ever register a club with alien members. Charity orginizations are excepted.

ismet

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/10/2009 20:12

Jst a thought: are the footballer just players of the club or do they have to be a member of the club as well? I was thinking of foreign footballers who now play with the local team. I would say once you get a club registered anything goes afterwards

ismet

newscoop


Joined: 23/12/2007
Posts: 2197

Message Posted:
05/10/2009 23:16

Elko;



On this subject we have been told that to be members of a golf club we have to be registered with the KKTC golf federation and that it is a government requirement.



I have heard that this also applies to darts and pool leagues as well as football, basketball, etc.

Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
05/10/2009 23:24

Once again; the law is not fit for purpose!



Richard

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
06/10/2009 01:22

I am not surprised at all. That must be the reason why they have a draft law for aliens

ismet

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
06/10/2009 09:42

According to ROC Constitution, apart from a joint house of representatives we had a Greek and a Turkish Communal Chamber, each empowerred to pass legistlation only for that particular community. Hence the las 6/1961 passed by the Turkish Communal Chamber in 1961 could only apply to members of the Turkish Community and the general law Chapter 112 stood for general purposes for mixed communities. The trouble is that when our side cancelled Chapter 112 in the year 2001, nobody bothered to update the original law 6/1961 and hence we are in the funny situation wherebye no aliens can join any club legally as members. Of course they do and nobody takes any notice until someone disputes the results of an election and goes to court and argues that the votes cast by "alien" members were not valid!!! He he, welcome to Cyprus!!

ismet