NEWSLETTER-2019-metin

335 SPORTS LAW the scope of the Commercial Code, and which start to be managed through the articles of association and contracts rather than charters, will be accelerated, and their efficiency will increase. When the gathering of the management, the distribution of duties, and the use of powers in the football clubs that have begun manage- ment within corporate structure, are made in accordance with the in- stitutionalization criteria, efficiency and sustainability in management will also be able to be taken to the highest levels. The corporatization of football clubs and the professionalization in management will also be increased. The management on a volun- tary basis, which is frequently seen in football club management at the present time, will have a more efficient and sustainable management structure with the opportunity to professionalize. The institutionalization of football clubs through corporatization, and their management by professional managers, will also reduce the responsibilities of the board members. Each manager’s use of manage- ment powers and taking responsibility in their field of expertise is also one of the advantages that can be achieved with corporatization. In the process of corporatization, instead of forming a single company, it will be possible to separate the activities and provide advantages for the balance of income and expenses by establishing a company to which the football branch will be transferred, and a sepa- rate subsidiary will be established to carry out commercial activities. Corporatization Transactions The transfer of a football branch to a company is regulated in Article 76/5 of the Statute of Turkish Football Federation (“Statute”), as follows: “ A football club may transfer its football branch to a joint stock company established in accordance with the relevant laws and regulations. A club that restructures itself as a commercial organiza- tion may not transfer its registration to another city. In such transfers, the promotion, strengthening and interests of the football game have priority. ” According to this statement, upon transfer of the football branch, all the actives and passives of the branch must be taken over together.