MAZBUT (FUSED) FOUNDATIONS
Foundations to be conducted and represented by Directorate General of Foundations as per Foundations Laws no 5737 and foundations which are established before effective date of abolished Turkish Civil Code numbered 743 and which are conducted Directorate General of Foundations as per Foundations Laws numbered 2762 are called as ''Fused Foundation''.
Surplus of Galle (Galle Fazlası): In fused and annexed foundations; remaining amount after repairing of charities and real estate of foundation and performing of charity services in foundation certificate charters are named as surplus of galle (galle fazlası).
Surplus of Galle in Fused Foundations
Application of "surplus of galle (galle fazlası )":
Children of founder or concerned persons:
1) apply with a court decision to relevant region directorate showing that they are child of founder or concerned persons and entitle to receive surplus of galle (galle fazlası ) according to foundation certificate charter.
2) Court decision are not requested from those who prove to be child of foundation or concerned person by means of a court decision and from their children who are entitled to receive surplus of galle (galle fazlası ) according to foundation certificate charter, transaction is carried out for them based on certificate of register identity copy.
3) If there is generation order or any condition like this, this condition must be proved by a court decision.
Calculation of "surplus of galle (galle fazlası )":
1-In foundations where child of foundation or concerned persons are available for entitling to receive "surplus of galle (galle fazlası )"; Amount of "surplus of galle (galle fazlası )" is determined to be paid for children of foundation or concerned person after reserve fund of 15 %, charity condition expenses, executive and representation share, conditional (tevliyet) fee and performed other expenses for foundation are reduced from realized gross income.
2- All income belonging to the said year is taken into account in calculation of surplus of galle (galle fazlası).
3- If foundation has real estate requiring to be repaired, remaining amount after executive and representation share or conditional (tevliyet) fee and legal expenses are separated from realized gross income within the said year is allocated for repairing.
Payment of "surplus of galle (galle fazlası )":
1- Date when child of foundation or concerned persons entitle to take surplus of galle (galle fazlası) is judge date of court of first instance and payment related to surplus of galle (galle fazlası)is implemented after becoming definite of judge of the court.
2- Surplus of galle (galle fazlası) is paid annually within 15 days after approval of DG in fused foundations.
3- After payments regarding usufruct are carried out, those who apply first time are not made any payment that year. But child share belonging to year or years for which are entitled to be made payment is paid after becoming definite of judge of the court.
Not to demand Galle Fazlası ( Surplus of galle )
Surplus of galle (galle fazlası ) taken under deposit fund account is registered as revenue to foundation's account if it is not demanded within five years as from date when receivable occurs.
Usufruct Right (İntifa Hakkı): In fused and annexed foundations; according to conditions in foundation certificate charters surplus of galle (galle fazlası) and rights assigned to relevant persons are called as " usufruct right (intifa hakkı)"
Reserve Fund (İhtiyat Akçesi): It comes to mean an amount allocated from gross income for repairing of charities and real estate of foundation.
İhtiyat akçesi (Reserve Fund of 15 % is allocated from gross income in fused foundations. Article 54/1 of Foundation Regulations)
Executive and Representation Expense (Yönetim Ve Temsil Masrafı):
20 %of annual gross incomes of fused foundations having usufruct and foundations conducted by Directorate General of Foundations permanently are registered as income