Association and Board of Directors + New Sports Law + Ignomania …

Ali Riza Mann

Hello my dear friends,

You know, the new Sports Act No. 7405 was published on 25.04.2022 and came into force The most interesting thing about the law is that the joint stock companies have to establish associations and their boards! The law states that the boards of directors of these sports organizations with one or more persons may be separate persons from the boards of the association in accordance with Turkish Commercial Code No. 6102. Unfortunately / in the future, associations and companies may encounter some problems! (For existing club companies, more than half of the members are often the same person!)
Moreover; Will all members be partners of the company? Who will be the “big” (which, at least 51% of the association’s “legal entity” to avoid big problems in the future! ..) or the “small” shareholder? Will there be a public offer? Will “small shareholders”, who are also members of the association, show interest in the general assembly because they have no financial expectations from the company? Will there be a proxy war for holding a general assembly? Like … there are some open questions! ..

In this e-article I wrote to point out the problems that have happened and are happening in the past and present, if there are different people in the management of the association and the organization; A possible “story” is guessed and the product is placed! 3

First, suppose you are one of the shareholders and a member of two separate multi-member and partnership organizations, whose partners and members are usually the same people and whose organizations are quite old (exactly; Ş. Considering that you are both a member of the General Assembly of the Association and a registered shareholder of the company, such as Beşiktaş Sportif A.Ş.) So, I would like to start a very special article! The board of directors, which was formed by the same people in the first period of their establishment, so that there would be no problem in the administration, was formed or supported by individual persons due to arrogance which could not be satisfied. Time and some small calculations!

One of these organizations is the “XYZ Sports Club Association” and the other is the “XYZ Sportif A.6.” Let’s talk!

According to VUK, hidden income opportunities include from the XYZ Association and from the XYZ Sportif A.Ş through “related persons – transfer prices”. Not expecting too much revenue + considering that most of them are the same people + partners and the number of members is also around 600 – 700 + considering that the largest share ratio (including shares acquired by the association only later through grants). No more than 1% Let’s continue this very special story! ..

In addition to the board members of both organizations; It is noteworthy that he was elected in accordance with the main contract and regulations and works with dignity + they do not receive any wages!

OK; In that case, what is the problem? I can hear you say! 3

Problem; XYZ Sportive Inc. Also, 10 – 15 years ago, some managers who were worried about losing their dignity, which they unfortunately achieved, and although they had no financial gain, showed examples of egoistic satisfaction for the sake of their love for it. Seat + Their efforts to make every effort not to give up that seat + XYZ are consistent with the objectives of the problems that have occurred between his company and the XYZ Association in recent years and which should not be due to the nature of the problem. Establishment, as the source of the XYZ Association + convincing some people in their own circles, who were away from both the company and the club, to believe it … and by drawing on their events, especially their use in general assembly! Ignorance: Unsatisfied ego problem! ..

For a clearer understanding of the subject and the problem, when we look at the “Website” / “Company” page of our three major clubs mentioned in the introductory part of the article; It stands to reason that the majority of the other members of the board of directors, especially the chairman of the board of directors of the club and the company, are composed of the same persons + different persons independent board members, specializing in financial and technical matters!

Moreover; We all know that Sportive Company acts as an economic enterprise which brings together all the activities of the club under one roof and reports the financial activities on the public disclosure platform.

On the other hand; As an affiliate of sports organizations, subsidiaries related to “sale of privately labeled sporting goods” and “corporate sports training”, if any, are launched and the name “Sports Club Association” as the parent organization is first and foremost the purpose of the sporting company, it underlines. Done! ..

So, in the name of institutionalization, there is no need for the XYZ Association and the XYZ Company to look for solutions in different places / shapes, dating back to the 1960s, and to reclaim America!

The only and definitive solution to such problems, which develops depending on the people (which is essential for institutionalization and sustainability, independence from the people.) As stated in the New Turkish Commercial Code; The increase in the share of the XYZ Association, which is about 1% in the XYZ company, to 51% with the increase in capital + For this reason, the result of the general meeting to be held is to increase the representation of the company and the number of persons if necessary by the same board of directors.

Now; I know that you, my dear readers, understand the subject very well and think that it is not a big problem to be the content of an article that it can be solved through simple and goodwill-based approach. But this; I can’t tell some people! 3

Over time, these friends have gone so far as to join the XYZ Sports Club Association and the XYZ Sportif A.6. The problems that the Turkish government administration has experienced, first by believing in themselves and then some members, are so overwhelming that they still want to carry on their responsibilities, alternating with their election campaign – gossip! ..

There is another situation between these two organizations which is different from other organizations. The company is multi-stakeholder but not traded publicly. In association; The company has about 700 members as well as about 700 partners.

In the 1960s, members and partners were 100% the same person. Nowadays, this rate is below 50%, the company’s partners are aging and slowly passing eternity. (First, my condolences to those who died.) Unfortunately, the new heirs do not know the name of the company or the location of the association. As a result, both institutions, we are getting a glimpse of the Hour, their condition!

Converting a company’s assets into money at today’s prices can always be attractive to partners who don’t know the name of the club and company, but closely follow real estate prices.

In this regard, a few years ago, I used all sorts of conspiracies with the best example of ignorance (I used this definition in the title of an article I wrote about 10 years ago!) I wrote a special article entitled “Status and Unexpected Clothing. In Corporate Life, ”he said, referring to some senior executives who might think about it, and I said so.

[Şimdiye kadar! Kurumsal organizasyon şemalarında yer alan mevkilerdeki, kişileri ve onların statülerini; özel kumaştan yapılmış birer kostüm şeklinde yorumlamayı hiç düşündünüz mü?

İsterseniz bir düşünün!..
Genellikle bu şekilde düşündüğümüzde, 3 durumla karşılaşırız…
1) Bazı statüler, bazı insanlara “Cuk” oturur. (Ki, ideal olan da budur!)
2) Bazı statüler ise, bazı insanlara küçük gelebilir. (Zaten onlar; hiç zaman kaybetmeden, daha üst ve yüksek makamlara/statülere doğru yelken açarlar veya elinizden uçup giderler!)
3) Bazı statüler de, bazı insanlara bol gelir. [En tehlikeli ve sıkıntılı olanda, bu durumdur! Eğer o kişi bu bolluğun farkında olmayıp, olur olmaz ortamlarda salına salına dolaşıyorsa, maalesef bu provasız kostümler, çok kötü bir şekilde sırıtır ve de kurumu dışarıya çok yanlış yansıtır!..]

The examples I mentioned above, XYZ Association and XYZ Sporting Company; In Article 3, I meant some special friends who are managers, and I tried to express in the title of the article, I tried to explain the efforts that they tried to implement to satisfy their personal pride. Management strategy to not lose their dignity.

Hopefully, with the new sports law, such problems will not be felt in the stages of inclusion of our associations and we will have associations with a strong financial structure for the future!

In this time of extreme competition in our business world, especially in multi-partner companies with small shareholders, personal or corporate awareness (with yesterday’s experience – planning for tomorrow, focusing on today and being aware of today, not just relying on positive or negative) Past experience – new work within the framework of strategic planning, evaluation of corporate training and acquisition of new knowledge, believing that we can make a beautiful difference about our future!) I think it is necessary to pay attention to the white stone! ..!

The managers who gain power from the authorities always move away from the administrators who add power to those offices!
So they do not hesitate to work with different ideas to protect their place!

Some statuses / offices should know that they should be vacated before the end of their shelf life, so in corporate management strategies, they say that there should be no personal ego satisfaction (egonomanic discomfort) and I always hope for a happy future, and I wish everything good Go!

Respect and love

Ali Riza Mann

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