At certain times of the year, some individuals are required to submit asset declarations to the state. The purpose of declaring assets is to prevent unjust enrichment and to stop situations that could lead to improper gain. In this article we will examine who is required to file asset declarations and where those declarations should be submitted.
Unjust acquisition of property can sometimes occur. Assets that cannot be shown to have been obtained in accordance with the law or general morality fall under unjust acquisition. An asset declaration is the listing of movable and immovable properties owned by an individual and submitting that list to designated authorities within set deadlines. In short, the main purpose of an asset declaration is to prevent illicit gain.
Matters related to asset declarations are regulated under Law No. 3628. This law defines how asset declarations should be prepared, what types of assets are covered, and which institutions should receive the declarations. By consulting this law, those required to file asset declarations can learn who must declare, where to submit the declaration, and how the process should be carried out.
According to Law No. 3628, the following persons are required to submit asset declarations:
- All public officials who assume office through any type of election, and members of the Council of Ministers appointed from outside, must file asset declarations.
- Notaries are required to submit asset declarations.
- Members of the Turkish Aeronautical Association’s general management and central audit board, those serving in the headquarters organization and the Turkish Kuşu General Directorate, and those serving in the central boards and general directorate organizations of the Turkish Red Crescent and their branch chairs must file asset declarations.
- Civil servants and other public officials who receive a salary while serving in ministries with general and annexed budgets, provincial administrations, municipalities, and their subordinate institutions or sub-units; personnel in state economic enterprises and their associated establishments, subsidiaries and operations; and staff in institutions and organizations established by special laws or under the authority granted by special laws and serving public functions, as well as members of their boards of directors and audit committees, are required to submit asset declarations.
- Those serving in professional organizations with the nature of a public institution, as well as members of their boards of directors and supervisory boards, must file asset declarations.
- Leaders of political parties are required to submit asset declarations.
- Members of the management bodies of foundations, the presidents, board members and general managers of cooperatives and unions must file asset declarations.
- Sworn financial advisors, and managers and auditors of public-benefit associations, are required to file asset declarations.
- Individual owners of newspapers and the management and supervisory board members, responsible managers, editors-in-chief and columnists of newspaper-owning companies must submit asset declarations.
- Those who are required to submit declarations under their own special laws — including confederation, union and union branch presidents and managers — must also file asset declarations.
Where Should Asset Declarations Be Submitted?
Asset declarations must be submitted to the authorities specified by the relevant institutions. Declarations not submitted on time may be subject to penalties, so it is important to carefully determine the correct place of submission. The following lists typical authorities to which different persons should submit their asset declarations:
- Members of the Grand National Assembly and members of the Council of Ministers must submit their asset declarations to the Presidency of the Grand National Assembly of Turkey.
- Personnel serving in public institutions and organizations should submit their asset declarations to the human resources or personnel affairs unit responsible for employment records.
- General managers and members of boards of directors or auditors of institutions, enterprises and organizations should submit asset declarations to the relevant ministries.
- Heads and members of chambers of high courts must submit their asset declarations to the president of the relevant court.
- Notaries must submit their asset declarations to the Ministry of Justice.
- Civil servants and employees in institutions and organizations not otherwise listed should submit asset declarations to the authority empowered to appoint them.
- Those serving in the Turkish Aeronautical Association and the Turkish Red Crescent must submit asset declarations to the presidency of their respective association or society.
- Individuals working in professional organizations classified as public institutions should submit declarations to the organization’s presidency; members of their boards and supervisory bodies should submit to the relevant ministries that oversee them.
- Persons who leave their duties must submit the asset declaration to the authority to which they were required to submit it while in office.
- Political party leaders must submit their asset declarations to the Office of the Chief Public Prosecutor of the Court of Cassation.
- Presidents, board members and general managers of cooperatives and unions should submit asset declarations to the institutions that audit those cooperatives and unions.
- Sworn financial advisors must submit their asset declarations to the Ministry of Finance and Customs.
- Members of the Turkish Aeronautical Association’s and the Turkish Red Crescent’s general management and central audit boards, and members of the governing bodies of associations recognized as serving public interest, must submit declarations to the Ministry of Interior; their branch chairs must submit to the provincial governorates where they are located.
- Members of provincial general assemblies must submit to the relevant governorates; municipal council members submit to the municipal mayor’s office; and mayors submit their declarations to the Ministry of Interior.
- Individual newspaper owners and members of management and boards of newspaper-owning companies must submit asset declarations to the highest local administrative authority where they operate.
- Those serving on the administrative organs of foundations must submit asset declarations to the Directorate General of Foundations.
Complying with the declaration requirements and submitting accurate, timely asset statements to the proper authority helps maintain transparency, prevent corruption, and protect public trust. Individuals who are unsure about their obligations should consult Law No. 3628 or the relevant institutional guidance to confirm where and how to submit their declarations.