THE LAW OF CERTIFIED PUBLIC ACCOUNTANCY AND SWORN IN
CERTIFIED PUBLIC ACCOUNTANCY
GENERAL PROVISIONS
Objective
ARTICLE 1. The objectives of this Law are to ensure the healthy and reliable functioning of
operations and transactions in enterprises to audit and evaluate the results of the operations
within the framework of the relevant legislation, to present the actual facts to the use of the
concerned persons and authorities, to regulate the fundamentals concerning the establishment,
organization, operations, activities and the elections of the principle organs of "Certified
General Accountancy”, "Certified Public Accountancy" and "Sworn-in Certified Public
Accountancy " and the Chambers of Certified Public Accountants and Sworn in Certified
Public Accountants.
Pursuant to the provisions of this Law, persons authorized to perform the professions are
entitled as “Certified General Accountancy (SM)", "Certified Public Accountant (SMMM)"
and "Sworn-in Certified Public Accountant (YMM)".
Subject of Profession
ARTICLE 2. A) The subjects of the profession of Certified Public Accountancy comprise the
following services rendered to enterprises and business concerns owned by real and legal
persons.
a. To keep books; prepare the balance sheets, profit and loss statements, tax returns and
other relevant documents in compliance with generally accepted accounting principles and
the provisions of the relevant legislation.
b. To establish and improve accounting systems: to regulate administration, accounting,
finance, financial legislation and to perform the jobs related to their applications and to
provide advisory services in the related fields.
c. Based on the relevant documents on issues specified in the aforementioned paragraph, to
perform investigations, analyses and audit, to present written opinions regarding financial
statements and tax returns, to prepare reports and similar documents, to perform
arbitration, expertise and similar services.
Persons, who perform the activities mentioned above independent from a business entity, are
defined as Certified Public Accountants.
B) Subject of the profession of Sworn-in Certified Public Accountancy
In addition to the duties specified in sub-paragraphs (b) and (c) of Paragraph (A) above, the
subject of the profession of Sworn-in Certified Public Accountancy also includes the
application of certification within the framework of the regulation to be promulgated in
compliance with Article 12 of the Law.
Sworn-in Certified Public Accountants can not keep books related to accounting, cannot
establish an accounting office and cannot become partners to the accounting offices already
established.
Unauthorized Employment of the Professional Titles
ARTICLE 3. The employment of the titles of "Certified General Accountant", "Certified
Public Accountant", and "Sworn-in Certified Public Accountant" by individuals legally
unauthorized, and the employment of titles, signs and symbols simulating the said
professional titles, or likely to cause erroneous identification, are prohibited.
The Chambers are required by Law to inform the Public Prosecutor, should they become
aware of any such violations. The Chambers and the concerned individuals will be notified on
the results of the investigation to be carried out by the Public Prosecutor.
General Conditions
ARTICLE 4. General conditions for being a member of the profession are as follows:
a. To be a citizen of the
Accountants remain reserved).
b. To be competent in exercising the civil rights.
c. Not to he deprived of public rights.
d. Not to be sentenced to major imprisonment or imprisonment for over five years (except
for imprudent offences) and not to be sentenced from shameful offenses, such as
embezzlement peculation, bribery, theft, swindling, fraud, breach of confidence,
fraudulent bankruptcy, or smuggling offenses related to consumption of minor smuggling
offences related to consumption), conspiracy in official adjudications, discloser the state
secrets, tax evasion and attempts as such, notwithstanding subsequent amnesties.
e. Not to be penalized by expulsion from the government service consequent to an
investigation.
f. Not to possess conditions incompatible with the honor and dignity of the profession.
Special Conditions Applicable to Become a Certified Public Accountant
ARTICLE 5. A - The following conditions are required to become a Certified Public
Accountant:
a. To have at least a B. A. degree in law, economics, business administration, accounting,
banking, public administration and political science from a Turkish university, or from
foreign universities offering degrees equivalent to their Turkish counter parts, on the
condition that this equivalence is ratified by the Higher Education Committee, or to hold a
post-graduate degree in one of the disciplines mentioned above, following an
undergraduate degree received in a different branch.
b. To work with an Certified Public Accountant or Sworn--in Certified Public Accountant
for a minimum period of two years for training purposes.
c. To pass the examination for Certified Public Accountants.
This condition does not apply to the inspectors of public banks rendering audit services
throughout the country, to individuals authorized for inspection in compliance with the
relevant legislation, to the applicants who have served in public institutions and
establishments after having received such authorizations, and to the individuals who have
given lectures in the universities on the above mentioned subjects as members of the teaching
staff for a period of at least 8 years.
d. To receive a license as a Certified Public Accountant.
B) Conditions for being a Certified General Accountant.
Persons having at least two years degree of education in subjects specified in Paragraph (A/a)
of Article 5 above, and graduates of vocational high schools in commerce and finance, are
allowed to work as independent accountant without any examination requirement, provided
that they have worked as a trainee. However, they are not allowed to use the title "Certified
Public Accountant" and are not allowed to perform the jobs described in sub paragraphs (b)
and (c) of Article 2/A of the Law. The required training period is 4 years for the graduates of
higher education institutions offering two years education, and 6 years for the graduates of
high schools of commerce and finance.
Services Considered as Training Period
ARTICLE 6. The periods spent in the services mentioned below are considered as job training
periods, worked with a Certified Public Accountant or Sworn-in Certified Public Accountant.
a. Services performed in public services of the persons worked as authorized tax inspectors,
following the said authorization.
b. The service periods of the persons who are responsible from the management or auditing
of the accounting by holding a signature authority of the first degree in the accounting
departments of the private establishments that keep books according to the balance sheet
principle.
c. The service periods of the persons who have worked as a member of the teaching staff in
universities in subjects listed in Paragraph (A/a) of Article 5 of this Law.
Examination for Certified Public Accountancy
ARTICLE 7. Examination for Certified Public Accountant is conducted in written, by the
The examination commission consists of 7 members. Two of these members represent the
Ministry of Finance. Three of the members are selected among five candidates proposed by
the Higher Education Council, and the remaining two are selected by the Ministry of Finance
among the four candidates proposed by the
The candidates for membership in the examination commission are required to have a
graduate or post graduate degree in one of the subjects of law, economics, finance,
accounting, management, banking, business administration, and are required to have worked
in the relevant fields for fifteen years, or to have worked as a member of the teaching staff in
a university for the same period.
Foreign Certified Public Accountants
ARTICLE 8. Individuals who are citizens of the countries which have officially codified the
profession of Certified Public Accountancy may, under the condition of reciprocity, be
authorized to render the services relevant to the rights they have acquired in their own
countries, that are included within the scope of Article 2, upon the proposal of the Ministry of
Finance, by the approval of the Prime Minister.
Special Conditions to become a Sworn-in Certified Public Accountant
ARTICLE 9. The following conditions apply to become a Sworn-in Certified Public
Accountant:
a. At least ten years of experience as a Certified Public Accountant,
b. To pass the Sworn-in Certified Public Accountant examination
c. To receive a license for practicing sworn-in certified public accountancy.
To the effect that, the service periods of those individuals authorized for tax inspection at
public institutions or establishments, following such authorizations, or those who have been
appointed as an instructor, assistant professor or professor in one of the fields of law,
economics, finance, accounting, business administration, public administration or political
science for a period of at least three years, are considered as service periods spent as
accountant financial advised.
Persons who have been authorized for tax inspection in compliance with the relevant laws and
who have passed in the professional proficiency examination and those who have become
professors in the aforementioned subjects are not required to take examination.
Examinations for Sworn-in Certified Public Accountancy
ARTICLE 10. The examination for Sworn-in Certified Public Accountant is conducted by the
commission specified in Article 7 of this Law.
Oath Taking
ARTICLE 11. Persons accepted for the profession of sworn-in certified public accountancy,
take an oath written below in the Court of First Instance, before initiating in the profession:
"Being fully aware that the profession of sworn-in certified public accountancy is a public
service, I swear upon my honor that I shall obey the laws of the
rules, and ethics of the profession, that I shall remain fully independent, impartial and honest
in the performance of my profession, and that I shall exert utmost care and attention in my
undertakings “.
Certification and Responsibility
Article 12. Sworn-in Certified Public Accountants certify the compliance of the financial
statements and tax returns prepared by individuals and entities and the enterprises and
establishments thereof, with the provisions specified in the legislations, accounting principles
and the accounting standards, and further certify that the accounts have been inspected in
accordance with the auditing standards.
The documents to be certified by sworn-in Certified Public Accountants, subjects of
certification and the rules and principles applicable to certification are determined by the
regulations issued by the Ministry of Finance, by taking into consideration the types of
liabilities of the individuals or entities, fields of business and turnovers, foreign currency
generating transactions, imports and exports, types and amounts of investments and the
offices to which these documents will be submitted.
Certified financial statements submitted to public institutions and establishments pursuant to
the laws, are considered as documents investigated within the framework of the certification,
by the officials of the relevant public institution or establishment. However, issues related to
the exercise of authorities of inspection and investigation granted to public administration
through various laws and the recurrence of such authorizations if and when deemed
necessary, remains reserved.
Sworn-in Certified Public Accountants are responsible from the verifiability of the
certification. If a defect occur in the verifiability of the certification, the concerned sworn-in
Certified Public Accountants shall be held responsible jointly and successively with the liable
taxpayer in the penalties and the tax losses, confined to the content of the certification.
Sworn-in Certified Public Accountants clearly specify the content of the certification in their
reports.
The responsibilities of the performers of the profession in compliance with the provisions of
this Law as regards to the tax laws and other legislations are reserved.
Persons not to be Employed in Positions Related to the Profession
ARTICLE 13. Members of the profession may not employ persons who are prohibited to
perform the profession in their own or associate offices and may not cooperate with such
persons on any issue whatsoever.
PART TWO
CHAMBERS OF CERTIFIED PUBLIC ACCOUNTANTS AND SWORN-IN
FINANCIAL ADVISORS
Chambers, Qualitative Characteristics and Limits of Activity
ARTICLE 14. Chambers of Certified Public Accountants and Sworn-in Certified Public
Accountants are established separately. Chambers of Certified Public Accountants and
Sworn-in Certified Public Accountants are professional organizations regarded as legal
entities with the qualities of public institutions, and are established for the objectives of
meeting the needs of the members of the profession, facilitating their professional activities,
providing the development of the profession in compliance with common benefits,
maintaining professional discipline and ethics, and providing the prevalence of honesty and
mutual confidence among the members of the profession and in their relations between the
entrepreneurs.
The term "chamber" used within the context of this Law implies the chambers of Certified
Public Accountants and Sworn-in Certified Public Accountants, to be established separate
from one another.
Chambers may not be involved in operations other than those specified by the Law pertaining
to their objectives, are not allowed to organize meetings and demonstrations not pertinent to
the performance of the duties attributed by the Law, may not be involved in politics, may not
cooperate with the political parties, trade unions and associations, may not supply donations
To political parties, may not establish political liaison or collaboration with such parties and
may not provide support to certain candidates during the general and other elections
Establishment of Chambers
AFTICLE 15. A chamber is established in centers of provinces where at least 25 members of
the profession are available. Separately established chambers of Certified Public Accountants
and Sworn-in Certified Public Accountants are referred by the name of the provinces in which
they are established.
In provinces where sufficient number of performers of the profession are not available, and
therefore relevant chambers are not established, the affiliation of the said region to the nearest
chamber, or the decision as to whether or not a regional chamber would be established, is
taken up by the
The chambers acquire legal personality, upon informing the Ministry of Finance through the
Board of Directors of the
The non-member performers of the profession may not deal in professional activities.
Decisions concerning the termination of the duties of the responsible organs of the chambers
who have failed to comply with Paragraph 3 of Article 14, and the election of new organs, are
adopted by the local Court of First Instance upon a lawsuit brought to court by the Local
Prosecutor, either following the demand of the Ministry of Justice or the Ministry of Finance,
or upon its own discretion. The judgment process follows a simple procedure and is
concluded within three months.
In case of the termination of the duties of the organs specified in the fifth paragraph by the
court, a total of five members are assigned among the Board of Directors of the Chamber for
the Chamber's Board of Directors, and among the Board of Directors of the
thus, in compliance with the procedures specified in this Law. The election is concluded by
the five persons assigned as such. During the period of assignment, the said five persons are
considered to have the same authorizations and duties as the organs terminated and are held
equally as responsible. The new organs to be elected in compliance with the provisions of this
Paragraph complete this assignment periods of the previous organs.
The assigned organs of the chambers are responsible for implementing the decisions
regarding the operations of the organs of the Chamber, adopted by the Minister of Finance as
the competent authority for certification in compliance with the provisions of this Law. The
provisions regarding termination, specified in the aforementioned paragraphs are equally
applicable to the organs of the chamber, should the said organs fail to implement the decision
of the Ministry, the decision of the administrative court on the cessation of the execution, or
the execution process; or should they refuse to implement the relevant decisions without a
valid legal reason, or should they adopt a new decision which implies a persistence in
adherence to the previous decision, or should they refuse to fulfill the procedures obligated by
the Law, albeit the warning of the Ministry.
The organs terminated thus are replaced by new organs in not later than one month. The
newly elected organs complete the assignment periods of the previous organs.
The penal responsibilities of the members of the organs which have been terminated are
reserved. The dispositions of the organ, which have caused their termination, are null and
void.
Governors of provinces are authorized to dismiss temporarily the elected organs of the
chamber in cases when a delay in any such action is considered as a drawback in the
avoidance of the threatening activities directed against the basic characteristics of the State as
defined in the Constitution and in the protection of the indivisible unity of the country and the
nation. The decision concerning dismissal, together with the justifications is announced to the
court mentioned in the fourth paragraph above, within three days. The court scrutinizes on the
files to decide whether or not the decision on the dismissal is justifiable and implement the
relevant decision within ten days. The provisions of the fifth article gain applicability, should
the court decide on the justifiability of the decision regarding dismissal.
Provisions regarding dismissal and termination of duties are not applied to the General
Assembly of the chamber.
Income of the Chamber
ARTICLE 16. Incomes of the Chambers are listed below.
a. Entrance fee to the Chamber
b. Annual membership fees
c. Donations and gifts
d. Various incomes.
Organs of the Chamber
ARTICLE 17. Organs of the Chamber are as follows
a. General Assembly
b. Board of Directors
c. Disciplinary Board
d. Supervisory board
Formation of the Chambers’ General Assembly
ARTICLE 18. General Assembly is the highest organ of the chamber and is formed by the
participation of all the members of the profession registered to the Chamber.
Duties of the Chambers’ General Assembly
ARTICLE 19. Duties of the General Assembly are disclosed below:
a. To adopt the necessary resolutions and measures for the fulfillment of the
objectives of the chambers.
b. To elect the members of the Board of Directors, Disciplinary Board and the
Supervisory board and the representatives of the
c. To provide the necessary authorization to the Board of Directors for the purchase
of the necessary immovable, and the sale of present immovable.
d. To review the proposals to be made to the Board of Directors and to adopt
resolution concerning the said proposals.
e. To make proposal to the
would have a bounding effect among the the members of the profession.
f. To approve the annual budget and the final accounts.
g. To discharge the Board of Directors, to decide upon disciplinary investigations on
the responsible persons when deemed necessary.
h. To determinate entrance fees for the prospective members of the Chamber and
annual fees for the registered members, and the days on which such charges
become due.
i. To review and accept the report of the Board of Directors.
j. To review and resolve other issues included within the duties of the Chamber,
upon the agenda, or upon the request of the members.
k. To perform other duties required by Law.
Meeting of the Chambers’ General Assembly
ARTICLE 20. General Assembly meets once a year during the month of May upon the call of
the Chairman to discuss the budget and other issues included within the agenda and to make
the necessary elections.
Chairman of the Board of Directors of the Chamber, Board of Directors and the Supervisory
board may call the General Assembly for a meeting when deemed as necessary.
Chairman of the Chamber’s Board of Directors is required to call the General Assembly for a
meeting within fifteen days, with a written request specifying the issues to be discussed by
one fifth of the members registered to the Chamber.
Registered members of the Chamber are called to the assembly in writing. The letter of
invitation is mailed at least 15 days prior to the date of the assembly, as registered letter,
delivered to the member through hand. The invitation letter would specify the place, date,
time and the agenda of the assembly. Should the required majority not be present at the first
meeting, the date, time, place and agenda of the second meeting is also specified in this letter
of invitation.
Meeting of the General Assembly is realized upon the attainment of absolute majority among
the members of the Chamber. Should the necessary majority not be achieved during the first
meeting, the second meeting to be held would carry no requisites regarding the attainments of
a majority. However, the number of members attending the assembly may not be below twice
the amount of the principal members of the Board of Directors, Disciplinary Board, and
Supervisory board.
Both in cases of the ordinary and the extraordinary assemblies, the first process to be is the
election of a chairman to the assembly, and a Board of Presidency, consisting of deputy
chairman and two secretaries. The elections are held separately upon voting m, unless
otherwise indicated by the General Assembly and those who obtain the majority of are
elected.
Decisions adopted during the assemblies are based upon absolute majority to be achieved
among the attendant members of the assembly.
Chairman of the Chamber and members of the Board of Directors and Board of Supervision
may not be elected to the board of presidency.
Formation of the Chamber's Board of Directors
ARTICLE 21. Board of Directors consists of 5 principal and 5 reserve members to be elected
among the members of the General Assembly, by the members of the Board.
Board of Directors selects a chairman, a deputy chairman, and accounting and a secretary
among its members through secret voting.
The legal representative of the Chamber is the Chairman of the Board of Directors.
Should a vacancy occur among the principal members of the Board of Directors, respective
reserve members receiving the highest votes are charged to replace the said vacancy.
The newly elected member is then called to the first meeting.
Should the Board of Directors collectively resign from their posts, or should the number of
principal members decline below half with no reserve members available, General Assembly
of the Chamber is called to meeting by the supervisors of the Chamber or the Ministry of
Finance and new elections are held to complete the assignment periods of the boards.
Competence for being elected and the type of election.
ARTICLE 22. Members of the Board of Directors are elected among the registered members
of the Chamber, who have at least five years experience in the profession. Five years
requirement is not applied in chambers having less than five years.
At least one more member of the half of the total original members should be entered in the
ballots. Notes disclosing names lesser than the required amount are considered as invalid.
Should on the contrary, names entered in the vote notes exceed the amount of principal
members to be elected for the Chamber, the excess names will be omitted as of the last name
in the list.
The candidates are listed in accordance with the votes they have received and the principal
and reserve members are thus determined. Lots are drawn if equal amount of votes are
received. Reserve members are called to duty by taking into consideration their respective
position in the list.
Duties of members of the Board of Directors terminate, once they lose their competence for
being elected.
Duties of the Board of Directors
ARTICLE 23. Duties of the Board of Directors
a. To prepare the budget proposal of the Chamber and to submit this proposal to the
approval of the General Assembly.
b. To report the General Assembly on its operations and to implement the resolutions
of the General Assembly.
c. To authorize the Chairman of The Board of Directors or a member of the same
board, for the purchase or sale of movable and immovable property, to mortgage
and to establish and release rights on such property.
d. To perform other duties attributed by laws.
Meetings
ARTICLE 24. The Board of Directors normally meets once a month or, it may be called for a
meeting by the Chairman of the Board of Directors directly, or upon a written request to be
submitted by at least two members which include the subject matter of the meeting.
Board of Directors meets when absolute majority is established. The adoption of the
resolutions also requires the accomplishment of absolute majority. Should equal amount of
votes be received by all sides, the side among which the vote of the Chairman of the Board is
included, becomes the dominant side. Chairman of the Chamber's Board of Directors and
members of the Board of Directors do not participate in the discussion of issued related their
main operations.
Minutes of the meetings, regarding the resolutions adopted by the Board of Directors is signed
by the Chairman and the members.
Members of the Board of Directors are called to the meeting by a letter. Any member failing
to attend three consecutive meeting without a valid excuse are considered to have resigned,
upon the decision of the Board of Directors.
Objection regarding the said resolution may be raised to the
the date of publication of this notification.
Disciplinary Board of the Chamber
ARTICLE 25. Disciplinary Board of the Chamber consist of three members in chambers
having up to 50 members, and five members in chambers having more then 10 members.
Furthermore one reserve member is elected in chambers that have 3 of Disciplinary Board
members and three reserve members are elected in chambers that have 5 members in
Disciplinary Board.
Disciplinary Board is elected for a period of two years. Members whose assignment periods
terminate may be reelected.
Members elect a chairman among themselves. Should the members resign from their posts,
reserve members are elected to replace them.
Disciplinary Board convenes upon the presence of at least three members. Decisions are
adopted upon the achievement of absolute majority. Should equal votes be received, the side
among which the vote of the Chairman of the Board is included becomes the dominant side.
In the absence of the Chairman, the most experienced member of the profession presides over
the Board.
Objection may be raised against the decisions of the Chamber's Disciplinary Board within
thirty days as of the date of notification.
Duties of the Chamber’s Disciplinary Board
ARTICLE 26. Duties of the Disciplinary Board consist of undertaking disciplinary
investigations upon the relevant decision of the Board of Directors of the Chamber, to adopt
and implement the decisions and penalties related to the discipline and to execute other
authorizations attributed by the Law.
Chamber's Supervisory board
ARTICLE 27. Supervisory board consists of three members to be elected among the members
of the General Assembly. A reserve member is further elected. Members of the Board of
Directors and members of the Disciplinary Board may not be elected to the supervisory board.
Members of the Supervisory board elect a chairman among themselves in their first assembly.
Supervisory board is responsible from supervising the transactions and accounts of the
Chamber and from the preparation and the presentation of a relevant report to the General
Assembly.
PART THREE
CERTIFIED PUBLIC ACCOUNTANTS OF
AFTICLE 28.
Public Accountants of Turkey is established upon the participation of all the chambers related
to Certified Public Accountants and Sworn-in Certified Public Accountants.
The term "
Accountants and Sworn-in Certified Public Accountants of
The
having a legal personality.
The union headquarters is in
The organs of the
objectives of their foundation and those specified within this Law, may not organize meetings
and demonstrations not relevant to the accomplishment of the duties attributed by this Law,
may not become involved in politics, may not act in coordination with the political parties,
unions and associations, may not provide financial aid to political parties, may not have
political relations and collaborations with such parties, and may not support certain candidates
in local and general elections.
The provisions of the fourth and successive paragraphs of Article 15 are applicable to the
representative orders of the
aforementioned paragraph.
Duties of the
ARTĐCLE 29. Duties of the
a. To perform activities related to the development of the profession.
b. To protect the interests of the members of the profession and to preserve professional
ethics, order and the traditions.
c. To present opinions to the competent authorities on issues related to the Chamber.
d. To provide ultimate settlements to disagreements likely to arise between different
chambers and to determine the professional rules that should be obeyed.
e. To prepare the regulations that will be issued in compliance with this Law.
f. To become a member to national and international establishments and to participate in
international meetings.
g. To perform the duties to be attributed by the Ministry of Finance.
h. To perform other duties attributed by Law and to present the required information and
opinions to the competent authorities on issues related to the profession.
Funding of the
ARTICLE 30. Funding of the
the member chambers of the union revenues to be received from properties belonging to the
union license fees, and donations and aids to be received within the framework of general
provisions.
Organs of the
ARTICLE 31. Organs of the
a. General Assembly
b. Disciplinary Board
c. Supervisory board
General Assembly of the
ARTICLE 32. General Assembly of the
among the members of the union. Each chamber elects a representative at a rate of one twenty
fifth of its total members, and an equal amount of reserves. Amounts less than half of these
rates are not taken into consideration; those exceeding the said rate are completed to the
successive integer.
The representatives are elected at the general assembly meeting of each chamber for a period
of two years. Reelection is possible.
Duties of the
ARTICLE 33. Duties of the General Assembly of the
a. To select the members of the Administrative Board, Disciplinary Board and the
Supervisory board.
b. To scrutinize and approve the regulations and reports to be prepared by the Board of
Directors of the
c. To establish cooperation among the groups and to adopt the necessary measures and
decisions to encourage such developments.
d. To discuss and reach a resolution on budget and final accounts of the union, to determine
the rate of shares to be collected from the chambers.
e. To provide the Board of Directors the necessary authorization for the purchase of the
necessary immovables and for the sale of the existing ones.
f. To adopt required professional decisions. ,
g. The discharge the Board of Directors to decide upon, disciplinary investigations on those
who are held responsible.
h. To perform other duties attributed by the Law.
General Assembly of the
ARTICLE 34. General Assembly is held every year upon the call of the Chairman of the
Union's Board of Directors.
Chairman of the Board of Directors of the
appropriate by the Board of Directors or the Supervisory board of the
call of the General Assembly for an extraordinary meeting is requisite upon a written request
submitted by one-fifth of the present representatives.
The date, place, time and agenda of the meetings are announced at least twenty days prior to
the date of the meeting in a newspaper with circulation of more than one hundred thousand
and are further notified to the delegates with a registered letter. Should absolute majority not
be achieved upon the said announcement and the registered letter, the date, place, time and
agenda of the second meeting to be held is announced.
General Assembly meets upon the establishment of the absolute majority among the
representatives. If absolute majority not be achieved during the first meeting, the requirement
for majority is not sought for the second meeting. However, the amount of representatives
attending the second meeting may not be less than twice the amount of the principal members
of the Board of Directors, Disciplinary Board and the Supervisory board.
General Assembly meetings are held on the date, place and time specified in the
announcement. The representatives attend the location of the meeting by signing the space
provided in the list next to their names. Once the inauguration is made by the chairman of the
administrative board, or by a member of a committee assigned as such, a Chairman, a Deputy
Chairman and two secretaries are elected to direct the meeting.
Issues disclosed in the agenda previously mentioned are discussed in the meetings of the
General Assembly. However, issues proposed upon the signature of two fifth of the General
Assembly representatives of the
Decisions in the General Assembly meetings are adopted upon the absolute majority of the
members attending the General Assembly meeting.
The meeting is directed by the Chairman; the secretaries prepare the minutes of the meeting
and sign it with the Chairman.
Board of Directors of the
ARTICLE 35. Board of Directors of the
members elected among the members of the
years. Five of the members of the Board of Directors are required to be sworn-in certified
public accountants. Should a Chairman sufficient number of sworn-in certified public
accountants not be present in the General Assembly, the vacant positions within the Board of
Directors are replaced by Certified Public Accountants.
The chairman and the members of the Board of Directors have the right to participate in the
meetings of The General Assemblies and vote.
Board of Directors elects a Chairman, a secretary general and a treasurer among its members.
Chairman of the Board of Directors is selected among the Sworn-in Certified Public
Accountants. If the chairman as such not be available, the person to be appointed by the
chairman presides over the meeting.
The legal representative of the
Should a vacancy occur among the principal members of the Board of Directors, the reserve
number who have received the highest number of voted are elected to replace the said
vacancy. The newly elected member is called to the first meeting.
Duties of the Board of Directors of the
ARTICLE 36. The duties of the Board of Directors are as follows:
a. To implement the decisions of the General Assembly
b. To make acquisitions and to commit undertakings on behalf of the
the framework of the authorizations bestowed by the Law.
c. To purchase and sale movable and immovable property, to mortgage and to establish and
release rights on such property, and to authorize the chairman or a member of the Board of
Directors for such transactions.
d. To prepare and implement the budget.
e. To present the list comprising the entrance and annual fees determined by the
Chamber to the approval of the Ministry of Finance.
f. To present the minimum wage tariffs, prepared in compliance with the views and
opinions of the chambers to the approval of the Ministry of Finance.
g. To held the examinations deemed as necessary by the provisions of this Law.
h. To provide professional licenses.
i. To perform other duties attributed by the Law.
Meetings
ARTICLE 37. Board of Directors is called to a meeting directly by the Chairman of the
proposed subject matter to be discussed at the meeting.
Board of Directors convenes upon the accomplishment of absolute majority; accordingly,
decisions are adopted upon the accomplishment of absolute majority among the members.
If the equal amount of votes be received by al1 sides, the side among which the vote of the
Chairman of the Board is included becomes the dominant side.
Disciplinary Board of the
AFTICLE 38. Disciplinary Board consists of five principle and five reserve members to be
selected among the members of the General Assembly. The members, whose assignment
periods have terminated, may be re-elected. Three of the principle members are required to be
sworn-in certified public accountants. Should the required amount of sworn-in certified public
accountants not be present in the General Assembly, the available number of Sworn-in
certified public accountants will be deemed as sufficient. Disciplinary Board elects one
chairman and one deputy chairman among its own members.
Disciplinary Board of the
against the decisions of the boards of discipline of the chambers, and to take the necessary
decisions on the issues.
Members of the Board of Directors may not be elected as members of the Disciplinary Board.
Resolutions of the
become decisive upon the ratification of the Ministry of Finance and Customs.
The assembly of the
accordingly, decisions are adopted upon the accomplishment of absolute majority among alI
the members. Should equal amount of votes be received by all sides, the side among which
the vote of the Chairman of the Board is included, becomes the dominant side.
Supervisory Board
ARTICLE 39. Supervisory Board of the
Certified Public Accountant and two Certified Public Accountants, who are elected for an
assignment period of two years. Two reserve members are further elected. Reelection is
available. Should the required amount of sworn-in Certified Public Accountants not be
available among the members the vacant position is replaced by an Certified Public
Accountant.
Members of the Board of Directors and members of the Disciplinary Board may not be
elected as members of the Supervisory Board.
The Supervisory Board is responsible from supervising the transactions and accounts of the
Union and from presenting a report to the General Assembly. Supervisors may participate in
the meetings of the
PART FOUR
MISCELLANEOUS PROVISIONS
Principles Regarding the Election of the Organs of the Chamber and the
ARTICLE 40. Elections concerning the organs of the Chambers and the
secret vote system and the procedures of the election are held under the superintendence of
the 1awsuit, based upon the following principles:
Three copies of the list disclosing the names of the members for the chamber and union
elections are handed under to the head of the election committee of the district, along with a
notification disclosing the agenda, date and place of the meeting, and the relevant information
regarding the second meeting to be held, should the required majority not be accomplished
during the first one. In the existence of more than one election committees within one district,
the election committee to be assigned for the task is determined by the Higher Council of
Election. The meeting dates are required to be determined until a Saturday evening by taking
into consideration the other issues included within the agenda and the elections should be
organized to be held on the following day (Sunday), between 9:00am and 5:00 pm.
The judge provides the necessary approval to the list determining the names of the members
joining the elections and to other issues previously mentioned, after revising all the relevant
forms and documents. The approved list and other relevant matters are publicly announced for
a period of three days by putting on display on the notice boards.
Objections to be made to the announced list during the period of display are examined by the
judge and a decision is reached within two days by latest.
Lists thus finalized and other details pertaining to the meeting are ratified and delivered to the
concerned chamber or union. The judge assigns an election committee which consists of a
chairman and two members who are employed in the public sector and who are not candidates
in the elections. Likewise, three reserve members are also determined in the absence of the
chairman to the election committee, the most senior member presides over the said
committee.
The election committee is responsible from the performance and organization of the elections
in compliance with the principles determined by the Law, and the counting of ballots and
remains in charge incessantly until the election process and the counting of ballots are
completed.
Should more than four hundred members exist, a ballot box is placed for each four hundred
voters and a separate committee is established for each ballot box. Materials and equipment to
be utilized in the elections are furnished by the election committee of the district; the locations
where the ballot boxes will be installed are determined by the judge.
At the end of the election process, the results of the elections are determined by minutes and
are signed by the chairman and other members of the election committee. If more than one
ballot box is, employed in the elections, the separate minutes are compiled and merged by the
judge. The temporary results of the elections are made known to the public by displaying a
copy of the minutes at the election location. The ballots used at the elections and other
documents are delivered to the election committee of the district, along with a copy of the
minute box, to be preserved for a period of three months.
The procedures implemented throughout the election process and the objections to be raised
against the election results are enquired by the judge on the same day and a binding decision
is reached. In the aftermath of the deadline for the objections and the adoption of final
decisions, the judge announces the final results in compliance with the aforementioned
provisions and notifies the union and the concerned chamber on the election results.
The voting process is based upon secret voting and public ballot counting system. The
member of the profession whose name is not included within the list may not vote during the
election. Voting is held following the confirmation of the identity of the voter through the
presentation of a special identity card provided by the chamber of the relevant government
institution and the signing of the space provided in the list beside the voter's name. The votes
are used by inscribing on papers bearing the seal of the election committee, to be provided by
the chairman of the district election committee separately for each election, and by inserting
the sealed papers into the sealed envelopes. Votes not presented on the sealed papers or
envelops are considered as invalid.
Should the judge decide upon the cancellation of the election due to the determination of an
irregular or unlawful implementation; he is required to determine the Sunday on which the
renewal of the election would be held, and to notify the union and the concerned chamber in
not less than one month and not more than two months. On the predetermined date, only
elections are held and the procedures regarding the elections are carried out in compliance
with the other provisions of the law disclosed in this article.
The wages of the judge, the chairman of the district election committee and the members are
determined by the provisions disclosed in the Law concerning the Basic Principles of the
Elections and the Registration of the Voters. Allowance for such wages and other expenses
pertaining to the elections are provided from the budgets of the
chambers.
Crimes to be committed against the chairman and other members of the election committee
are penalized in the same manner with the crimes committed against the government officials.
Persons, who have not complied with the measures implemented by the judge and the election
committee regarding the election process, receive disciplinary penalties pursuant to the Law
according to the degree of their crimes.
Supervision of the Chamber and the
ARTICLE 41. The Ministry of Finance is authorized to supervise the organs of the chambers
and the union to determine whether or not the said organs have performed their duties and
their financial operations in compliance with the provisions of the Law.
To Represent the
ARTICLE 42. Participation in international meetings and congresses as a representative of the
chambers or the union is subject to a special permission of the Ministry of Finance.
Secrets of the Profession
ARTICLE 43. Members of the profession and their employees may not expose the
classified information and secrets they have acquired during the practice of their trade and
may not benefit from the rights and privileges bestowed on the informers.
However, facts considered as offenses should be denounced to the competent authorities.
Judicial or administrative investigations or enquiries should be kept outside the scope of the
provisions of the first paragraph.
Testimony is not considered as an exposure.
The aforementioned provisions also apply to the personnel of the union and the chambers.
Prohibition of Advertisement
ARTICLE 44. Members of the profession may not become involved in activities which might
be considered as advertisement, to acquire business.
Members of the profession may not employ other titles besides their professional titles
specified in their licenses.
Prohibitions
ARTICLE 45. Certified General Accountants, Certified Public Accountants by using their
title, and Sworn-in Certified Public Accountants by using their title and the authorization for
certification, may not serve real and legal personalities and may not be employed in their
offices on the basis of contract for purposes of performing the works specified in Article 2 of
this Law; may, not become involved in commercial enterprises and may not perform deeds
that contradict the honor and dignity of the profession.
Sworn-in Certified Public Accountants may not become engaged in the business affairs of
their spouses (even if divorced), their parents, children, and their kins and kins to the third
level (included), and the firms of which such persons are partners; and may not certify the
transactions carried out by sworn-in Certified Public Accountants who have become involved
in the affairs of their relatives with the above mentioned kinship ties.
Services related to expertise, liquidation, membership in the boards of charity organizations
and scientific societies are not considered as deeds incompatible with the profession.
More than one members of the profession may associate their works in the form of a
partnership office or a company. The operations carried out in offices as such are not deemed
as commercial activities. In the case of this performance of the operations under a Partnership
office or a company, the penal responsibility to occur from any operation shall be attributed to
the person who has performed the operation under question.
Fees
ARTICLE 46. Fee represents the amount that is equivalent to the services performed by
members of the profession. The minimum basis for the fees is determined upon a tariff.
Undertaking of work below the minimum fee specified in the tariff is not allowed and acting
otherwise shall be the subject of a disciplinary punishment.
Board of Directors of each chamber prepares a tariff indicating the fees to be charged in
return for the works and transactions to be performed by independent accountants, Certified
Public Accountants and sworn-in Certified Public Accountants to gain effectiveness as of the
first month of each year and forwards the said tariff to the
Board of Directors of the
taking into consideration the proposals submitted by the board of directors of the chambers
concerned, prepares the tariffs applicable to each of the groups, and forwards them to the
Ministry of Finance.
Ministry or Finance approve the tariff forwarded by the Board of Directors of the
original form, or following the appropriate amendments. The tariffs gain effectiveness as of
the date of their publication in the Official Gazette.
The provision of the current tariff remains in force until the new tariff is approved.
Offenses Related to Assignment
ARTICLE 47. Members of the profession are penalized in accordance with the provisions of
the Turkish Penal Code relating to government officials, should an offense be committed by
them during the performance or as a consequence of their assignments as such.
Disciplinary Penalties
ARTICLE 48. Members of the profession who act contrary to the honor and dignity of the
profession, those who fail to perform their duties, or who upset the confidence that is a
requisite of the profession, are penalized according to the sanctions mentioned below, and
which varies according to the degree and gravity of the crime, to the effect of performing the
accounting and consulting services in the appropriate manner.
Discipline penalties are as follows:
a. Warning; implies a written notice delivered to the concerned member of the profession,
indicating that the said person should be more attentive in the performance of his
profession.
b. Reproach; is a written notice forwarded to the member of the profession, notifying that the
said member has been found defective in performance and manners.
c. Temporary suspension of professional activities; is an implementation executed for a
period of not less than six months and not more than one year, on the condition that the
professional title remains reserved.
d. Cancellation of the "Sworn-in" title; implies the annulment of the "Sworn-in" title of the
Sworn-in Certified Public Accountants.
e. Expulsion from the profession; in this case, the license of the member of the profession is
cancelled and authorization to perform professional operations are denied for ever.
Those actions contrary to the ethics of the profession or against the honor and dignity of the
profession and those who upset the confidence that is a requisite of the profession are
penalized by warning in the first instance and by reproach, in the recurrence of the same
effect.
Those who fail to perform their duties independently, objectively and honestly, or those who
act contrary to the general principles of this profession are penalized by the sanction of
temporary withholding of professional activities.
Sworn-in Certified Public Accountants who have been determined and reported to have
exploited the certification of authorization for false evidence, by the Ministry of Finance, are
sanctified by temporary withholding of professional activities on the first discovery; however,
upon the continuation of the same misdeed, and when the said circumstance becomes
conclusive upon the verdict of a court, the same person is penalized by cancellation of the
"Sworn-in" title.
Sworn-in Certified Public Accountants, who have been determined upon a court verdict to
have caused tax evasion in collaboration with the taxpayer, are penalized by expulsion from
the profession.
A penalty heavier than the previous one may be imposed on a member of the profession who
has been penalized on two or more occasions within a period of three years.
Members of the profession, who repeat the same punishable act following the imposition of
two penalties regarding the temporary suspension of professional activities, are penalized by
expulsion from the profession.
Boards of discipline may decide upon the imposition of a tighter or a heavier penalty.
Prosecution and verdicts may not impede the execution of the investigation and the imposition
of disciplinary penalties.
Disciplinary penalties may not be implemented without hearing the defense of the member of
the profession. Those who fail to submit a defense within the period specified by the
Disciplinary Board which should not be less than 10 days, are deemed as having given up
their rights to defend themselves.
Disciplinary penalties are put into effect as of the date on which the verdict has been reached.
Judicial Decision on the Penalty
ARTICLE 49. Those who act contrary to the provisions specified within Paragraph 1 of
Article 3 are sentenced to imprisonment between six months and one year, and are charged
with a major monetary penalty that varies between one million to ten million Turkish Liras.
Those who act contrary to Articles 12/4, 13, 15/4, 43/2, 44 and 45/1 of the Law, are charged
with major monetary penalty that varies between one million to ten million Turkish Liras,
should the misdeed not be punishable by a heavier penalty; however, in the case of the
application of the penalty regarding Article 12/4, an additional sentence of imprisonment
which vary between six moths and one year is executed.
Regulation
ARTICLE 50. The fol1owing issues respecting this Law are organized in compliance with the
regulations to be issued.
a. Operating methods and principles regarding Certified Public Accountancy and
Sworn-in Certified Public Accountancy.
b. Working methods of the examination commission to be established in compliance
with Article 7, the basic principles of the examination process, subjects of the
examination, training methods, training period and other relevant issues regarding
the training to be received under Certified Public Accountant or Sworn-in Certified
Public Accountants.
c. Procedures regarding the certification transactions of Sworn-in Certified Public
Accountants.
d. Methods of application,
e. Bestowal of license and the employment of titles,
f. Registration book for members, log book for the profession and professional register.
g. Membership fees
h. Proprietorship of immovable property.
i. Basics to be taken up in determining the fees of consultancy and accountancy.
j. Books and records to be kept by the members of the profession and the obligation for
notification as such.
k. The competent authority to adopt the necessary resolutions regarding disciplinary
investigations, competent authorities imposing disciplinary penalties, methods and
conditions applicable to the objections raised against the disciplinary penalties, and
other issues related to discipline
l. Issues related to the employment of the Chamber’s personnel and their rights and
fringe benefits.
m. Other issues related to the implementation of the Law.
n. Methods and principles regarding evaluation and examination boards, as well as the
Provisional Boards, of whom should such boards consist of and the starting date and place
of the work; to be conducted.
Regulations emphasized in paragraphs a, b, c, j, t, l, m are prepared by the Union of Chambers
within one year as of the date of establishment of the
published in the official gazette, following the approval of the Ministry of Finance.
The regulation specified in paragraph (n) is issued by the Ministry of Finance and Customs
within six months; all other regulations are issued by the
date of establishment of the union.
TEMPORARY ARTICLE.1 - As of March 1st 1990, the following persons acquire the right
to become certified general accountants notwithstanding the requirement of higher education
specified in Article 5, Paragraph (A/ a) of the Law, provided that they meet the required
qualifications specified within Article 4 of the Law:
a. Those who perform or who have performed the professional activities defined in
Paragraph A, Article 2 of this Law without having been affiliated to a business concern.
b. Those, who have been authorized for tax inspection in compliance with the 1aws and
those who have been appointed as signatories to the first degree in the accounting units of
public institutions in private establishments that prepare balance sheets, and who have
been fully authorized from the management of the accounting unit or financial control.
However, persons as such may not be entitled as financial advisors and may not use the said
title.
Aspiring members of the profession of independent accountancy are required to present the
documents confirming their previous activities to be received from the relevant tax offices or
from the establishments and institutions in which they have worked, to the competent
authorities to be designated by the Provisional Board.
Persons referred to in paragraph (a) of the article are required to present the aforementioned
documents to the concerned authorities within 6 months in order to receive an Authorization
Certificate for General Accountancy. The same period for persons referred in paragraph (b) is
5 years. Any delay with respect to the specified periods brings about the loss of this right.
TEMPORARY ARTICLE 2. As of the date of entry into force of this Law, persons having
the following qualifications are entitled to become certified public accountant, provided that
they have received a bachelor degree in one of the fields of law, economics, finance, business
administration, accounting, banking, public administration or political sciences, or a post
graduate degree among one of the aforementioned fields, if they have received their bachelor
degree in another subject:
a. Of the inspectors of public banks authorized to make financial supervision throughout the
country and tax, inspectors designated as such in compliance with the relevant laws; those
who have worked for a period of at least three years in the public sector, as of tax
inspection authorization, and who have presently resigned from public service, and those
who have been appointed as an instructor or, assistant professor, or professor in one of the
fields of laws, economics, finance, accounting, business administration, public
administration, or political science for a period of at least three years.
b. Those who perform or who have performed the professional activities defined in
Paragraph A, Article 2 of this Law without having been affiliated to a business concern.
c. Those who have been appointed as signature authorities to the first degree in the
accounting units of public institutions in private establishments that prepare their books on
balance sheet basis, and who have been fully authorized from the management of the
accounting unit or financial control.
Among the candidates entitled to become Certified Public Accountants, those included within
paragraphs (a) and (b) are required to present the documents to be received from the
concerned tax offices or the relevant establishments and institutions confirming their work
periods to the competent authorities within 6 months as of the date of entry into force of this
Law. The same period for persons included within paragraph (c) is 5 years.
The applicants who comply with the written provisions specified in this article are presented
the title of Certified Public Accountant upon the issuance of a Certified Public Accountancy
Permit by the Provisional Board.
The permit is then replaced by Certified Public Accountancy License, prior to the foundation
of the
TEMPORARY ARTICLE 3. As of the date of entry into force of this Law, persons who
have the qualifications specified in Article 4 and who have received a bachelor degree in one
of the fields specified in Article 4, or a post graduate degree among one of the aforementioned
fields, if they have received their bachelor degree in another subject, are entitled to become
Sworn-in Certified Public Accountants, provided that they are included within one of the
following group.
a. Among those who have received authorization for tax inspection in accordance with the
relevant laws, and succeeded in the test for proficiency, those who have a total work
period of eight years including the period of service within the public sector and the
subsequent period of work, performed in the fields of Finance, Accounting and Business
Administration.
b. Persons who have become professors in one of the fields of Law, Economics, Finance,
Business Administration, Banking, Public Administration and Political Science.
c. Those who have performed the professional activities defined in Paragraph A, Article 2 of
this Law for at least 12 years without having been affiliated to a business concern, and
those who have been appointed as signature authorities to the first degree in the
accounting units of public institutions in private establishments that keep their books on
balance sheet basis, provided that the annual average of the total current assets disclosed
in the balance sheets of the taxpayers based upon the tax returns prepared by the
concerned financial advisor during the last three years exceed TL. 10 million.
Persons as such are entitled Sworn-in Certified Public Accountants upon the issuance of a
Sworn-in Certified Public Accountancy Permit, by the Provisional Board. The permit is then
replaced by Sworn-in Certified Public Accountancy License, prior to the foundation of the
TEMPORARY ARTICLE 4. The duties attributed to the Chambers and the
performed by the Minister of Finance until the establishment of the union and the chambers.
Provisional Board consists of ten members to be nominated by the Minister of Finance.
Honorarium to be charged to the members is determined upon the approval of the Minister of
Finance.
The Provisional Board form Appraisal Commissions in the provinces and regions deemed
appropriate by the Minister of Finance, consisting of at least three members, until the
establishment of the union and the chambers.
Pursuant to the provisions of the Temporary Article, those who may become Certified Public
Accountants without taking the test and the candidates who want to take the Certified Public
Accountancy examination apply to the Appraisal Commissions which will be formed as such.
The examinations to be given to the applicants determined upon the resolution of the
Assessment Commission, are held by the Examination Commissions to be established by the
Minister of Finance, until the completion of the foundation of the chambers and the union.
The Examination Commission consists of three members; one representative of the Minister
of Finance and two university instructors. More than one examination Commissions may be
established.
TEMPORARY ARTICLE 5. Persons who are entitled to receive the title of the relevant
profession pursuant to Temporary Articles 1, 2, 3, but who can not acquire the professional
title by virtue of their position as being a member of the Grand National Assembly of Turkey
or as a Mayor, as per the date on which the law has been put into effect, are returned their
retained titles if they apply to the concerned chamber within one year, following the
termination of their duties.
TEMPORARY ARTICLE 6. Foreign independent auditor financial counselors who are not
allowed benefit from the provisions specified in Article 8, until the adoption of the principle
of reciprocity, are allowed to continue their operations until the end of the year, as of the date
of effectiveness of this law.
TEMPORARY ARTICLE 7. All expenses incurring in connection with the implementation
of this Law are financed from the budget of Ministry of Finance, until the formation of the
TEMPORARY ARTICLE 8. The condition regarding 5 years of experience does not apply
during the election of the members of the Board of Directors, which will be carried out in
compliance with Article 22 of this law, for a period of 6 years.
Effective Date
ARTICLE 51. This law gains effectiveness as of its date of publication.
Execution
ARTICLE 52. The provisions of this law are executed by the Council of Ministers.