Anasayfa   Kurulus Sozlesmesi Statue of Tidca

Article 1 – Objects of the professional cooperation:

1.1 To assist companies and government authorities in their legal and financial relationship with third parties from different nationalities primary within Europe, facilitating international legal support and effective international payment transactions.

1.2 To form and facilitate the exclusive international department for its affiliated companies, as service providers for legal, finance and business affairs, to develop high quality international services for their local markets and clients. Turkish International Debt Collection Association obtains this objective trough the coordination,

Initiatives and guarding of high quality operations and activities on an international level, in close collaboration with its members.

1.3 To fortify TIDCA as international platform with affiliated companies (Members), financial and business- specialists, bailiffs and lawyers with decades of experience in the world of legal and finance throughout Europe, with Members hallmarked by special services and specific positions in the business and government market.

1.4 To achieve maximum benefits for the Members of TIDCA and their clients, through the international exchange of information, work and know-how.

1.5 To work in close collaboration with each other, to form an exclusive network of dedicated business-partners within the international field.


Article 2 – TIDCA’s obligations and efforts:

2.1 TIDCA is obliged to the member to stipulate cooperation-contracts with other having the same content of the present contract.


2.2 TIDCA ensures that the other Members apply exclusively to the Member for the activities to be carried out in the Member’s field of competence and practice in the Member’s state.



2.3 TIDCA will exclusively entrust the Member in its competence and practice, with all the assignments acquired by TIDCA, to be performed by the Member in the Member’s state.

2.4 TIDCA will put in a great effort to:

a. facilitate where possible the development of the economic activity of the Members, within the activities of the international cooperation

b. work in close collaboration with each other Member to achieve the maximum benefit for Members from inter-disciplinary exchange of information, work and know-how;

c. improve and increase the results of this activity;

d. promote and to take whatever initiative able, to favor the acquisition of international assignments to be assigned to the Member

e. promote the Name and the services supplied by the Member among the other TIDCA’s Members

f. coordinate and manage the logistic relations for the international customers offer packages of specific international services (offices, international secretaries, international logistics) on request of the Member

g. manage and coordinate stage activity among the components of all the Members

h. include all the links to the web pages of the member into TIDCA’ website make the components proposes by the Member, together with those proposed by the other Members, to the assignment procedure of:

- a limited number of scholarships finalized to the specialization within the Legal, Financial or Business- field (Master, LL.M, etc)

- updating-courses within the same fields, extern or intern organized assigned by a commission presided by TIDCA and composed by the Members

i. perform the best effort to satisfy the requests submitted by the Member

Within the limits set out by Turkish Law, TIDCA may also accomplish any act necessary or useful to the achievement of its Objects, including any financial, movable or property operation directly of indirectly connected to its Objects.


Article 3 – Member’s obligations and efforts:

3.1 The Member ensures that he, in the role of contract-awarder, provides work exclusively to the other Members of TIDCA within their own field of competence and practice, in the case of international assignments from (own) customers occurs in the own State.

3.2 The Member will accept assignments within the own field of competence and practice , which TIDCA or its Members acquires, to be carried in the belonging State, provided that no conflict of interests occurs with their performance or with subjects thereby linked and excepted the objective impossibility of performance.

3.3 The Member will give its own collaboration, upon TIDCA’s or other members request even outside the own state, provided that this possible regarding Member’s daily business and operations, and that no conflict of interests occurs with their performance or with subjects thereby linked and excepted the objective impossibility of performance.

3.4 The Member will put in a great effort to:

a. communicate to TIDCA and/or other involved Members the object of assignments,

b. provide all needed documentation, the agreed fee and/or possible terms of execution.

c. promote TIDCA’s name, logo and activity in the belonging State

d. provide for an minimum number of one position for the stage activity managed by TIDCA.

e. Work in close collaboration within TIDCA and each other Member to achieve the maximum benefit for Members from inter-disciplinary exchange of information, work and know-how;

f. Promote and to take whatever initiative able, to favor the professional international cooperation within TIDCA.


Article 4 – Performance of the assignments and liabilities:


4.1 For the assignments of an international nature taken by TIDCA, it shall use the Members, provided that no conflict of interest occurs with the Member or with Members in general. In addition of this restriction, in this event TIDCA will primary use the competences of its Members, under its own risk and responsibility TIDCA will, in the case such an event occurs, produce applicable contracts.

4.2 Aiming at the performance of the assignments of the member, whether conferred by TIDCA or other member, it will be the other members in their role as contract-awarder to give mandate both of substantive law and procedural law as well as keep in contract with the original client.

4.3 The Member should be holder of an insurance contract for the professional civil responsibility against the professional civil risk, for a value amounting at least to the possible fee of the entrusted assignment.

4.4 The Member should execute the mandate with its own organization as well as with the possible necessary collaborations, under its own risk and under its own responsibility.

4.5 In case of non-fulfillment due to the member, TIDCA or other member conferring the mandate, should be able to assert all the suitable actions as to the member in order to avoid a prejudice towards himself or its own client.

4.6 As intermediary TIDCA bears a performance obligation and not a results obligation. It can therefore in no way be held liable for the result, either by its Members or the clients of its Members.

4.7 The out-of-court and judicial collection of payment takes places exclusively at the expense and risks of its Member’s clients.

4.8 TIDCA is not liable in cases of force majored. By force majored is understood: any circumstance beyond the control of TIDCA which temporarily or permanently impedes the performance of its tasks, arrangements or mediation.

4.9 The following count as force majored: war, threat of war, civil disturbance, strikes, transport difficulties, fire and other serious interruptions in the business of TIDCA, its Members or that of third parties on whose services it has called.

4.10 In the event of force majored TIDCA has the – optional right – to extend the fulfillment of the contract(s) by the duration of the state of force majored or to dissolve the agreement in as far as it is not yet in operation, without TIDCA being bound in any form whatsoever to the payment of any compensation.

4.11 TIDCA is not liable for damage caused by the actions or negligence of its employees or of third parties performing work on its behalf under contract.

Article 5 – Economical relations in case of assignments:

5.1 The Member (acting as contract-awarder) who is conferred a mandate to perform through another Member is obliged to deposit for TIDCA a percentage amounting to the percentages mentioned in the internal regulations, at the moment of paying or cashing.

5.2 The contractor-member charges his fee to the contract-awarder, under his own conditions (internal regulations).

5.3 When TIDCA totally or partially entrusts the fulfillment of an assignment to the Member, the fees should be agreed complying with professional fees of the member.

5.4 Further details and procedures are described in the internal regulations.

Article 6 – Entry-fee and annual fee:

6.1 One entry fee and annual fixed subscription at such rare as is agreed from time to time between TIDCA and the Member, payable to TIDCA for the use of its services and name.


6.2 Both fees’ are mentioned in the internal regulations.

Article 7 – Members:

7.1 Members will adhere to these Articles and will be accepted for Membership according to the provisions of this article 7.

7.2 Members must be qualified organizations, working in the field of legal, business and finance, in their jurisdiction and shall conform as closely as possible to the profile for Members set out by TIDCA. Account may be taken of Membership of the other international organizations if this is deemed by the existing Members for the time being to adversely affect a potential Member‘s commitment to the cooperation within TIDCA and its objects.

7.3 Any admission of new Members is subject to a unanimous decision of the Management Board.

7.4 Any new Member is deemed to have adhered fully Articles as well as to any decision of internal regulation applicable to all the Members.

Article 8 – Use of TIDCA’s distinctive marks:

8.1 Within the activities carried out upon behalf of TIDCA, or together wit it, the Member can characterize its own marketing and correspondence with TIDCA logo, according to the modalities established by itself.

8.2 Furthermore the member can use marks and other possible distinctive marks by TIDCA while supplying services, according to the directives indicated by the latter.……………………

8.3 The Member can use TIDCA’s logo, mention the network and list the other members in all its correspondence, website and by its own seat.

8.4 It is agreed that the Member should cease each use of the distinctive TIDCA’s marks (marks, etc.) starting from the moment of the rescission or cessation of effectiveness for whatever cause of the present contract.

8.5 The Member contracts, for all the duration of the present agreement, not to use any mark or distinctive mark of third parties or however different from those for which the use is allowed according to paragraphs 8.1, 8.2 and 8.3 of this article.

8.6 Furthermore, procedures are described within the internal regulations.

Article 9 – Non-complete obligation:

9.1 The Member and TIDCA, and the Member and other Member(s), are mutually obliged to perform their activity being not in competition between them.

Article 10 – Resignation:

10.1 The Member may retire and can resign the present contract. The retirement will take immediate effect from the receipt of a recorded letter addressed to the Management Board of TIDCA.


Article 11 – Expulsion:

11.1 The expulsion of the Member may be affected if such member neglects seriously and repeatedly in his obligations towards TIDCA or if such Member causes or threatens to cause serious impediments to the normal administration of TIDCA without reason or is guilty of gross misconduct.

11.2 Non-payment within 30 (in writing thirty) days of the annual subscription fee or any other sum which the Member may owe to TIDCA or one of its Members, is considered as a serious neglect of a Member’s duties.

11.3 The expulsion of the Members may also affected in case of its controlling shareholding if it is a corporate entity or if this Member merges with another firm, takes it over or is taken over, splits away its activities for the benefit of another firm or takes over a branch of another firm, if these events have the effect of appreciably modifying the size of this Member, the volume or nature or the composition of its share holding.

11.4 The member shall also cease to heave Membership rights in case of bankruptcy, winding-up arrangement with creditors, liquidation, or if the Member has a receiver appointed over the whole or any part of its assets or any other equivalent measures according to the Member’s Turkish National Law.

11.5 Expulsion is affected by unanimous decision of the Management Board.

Article 12 – Clauses relating to resignation or expulsion:

12.1 If the Member has resigned or have been expelled, the termination, due to whatever cause, of the present contract is a fact and the Member should immediately give back the technical as well as the advertising material given to him by TIDCA and cease the use, under whatever form, of the distinctive marks of TIDCA.

12.2 Furthermore, the Member should remove TIDCA’s logo from its own documents, eliminating all the style elements being typical of TIDCA provided in the sample project, or successively introduced upon indication of TIDCA.

12.3 Resignation by the Member will be without prejudice to existing obligations which remain unfulfilled by the Member towards TIDCA or other Members of TIDCA.

12.4 If the Member has resigned or been expelled or has lost the right to Membership, he remains liable for all commitments contracted by TIDCA or other Members of TIDCA up to the date of this resignation or expulsion or loss of their Member’s rights.

12.5 The Member will remain liable for paying the annual fee to TIDCA, during the remaining part of the year in which the present contract is terminated.

Article 13 – TIDCA’s liability in relation to the Members:

13.1 As intermediary, TIDCA is not liable for results an can never be held liable by the Member and/or his client for alleged errors in the execution of its tasks, also not by other Members or third parties.

Article 14 – Member’s joint and several liability in relation to TIDCA:

14.1 The Member, or the Members of TIDCA, is and are not jointly and severally liable towards third parties for TIDCA’s debts of whatsoever kind.


Article 15 – Members in General Meeting:

15.1 Members of TIDCA – acting in General Meeting – may advice the Management Board of TIDCA in order to achieve the Objects of the professional cooperation.

15.2 A General Meeting is convened either by recorded delivery letter, or by telex, email or facsimile transmission addressed by the Management Board’s Chairman to every Member of TIDCA giving thirty clear days notice prior to the date of the Meeting. The notice confirms the content of the agenda..………….