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ZANZIBAR REVOLUTIONARY GOVERNMENT
R . . Nu .... _ L. 2726 eg1stration mucr.-............ __
CERTIFICATE OF REGISTRATION
' ~~AT A COMMtJ1. ITY FOUND TION I, HEREBY CERT~ that
.........................................................................................
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has this day been registered under the Societies Act No. 6
of1995.
GIVEN . . 14th Novembe at Zanzibar this ........................
~ day of ...................... Two Thousand and 31X.
8event eno .
lJ s -~-------·------·------·----·-----
Registrar of Societies
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THE SOCIETIES ACT [NO. 6] OF 1995
SOCIETY
CONSTITUTION
OF
ASSALAM COMMUNITY FOUNDATION
Incorporated this ....... day of .................... , 2017
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TABLE OF CONTENTS:
Pg PREAMBLE
CHAPTER ONE ESTABLISHMENT OF DESIGNATION
Article 1 DESIGNATION 4 2 INTERPRETATION 4 3 ADMINISTRATION 5 4
OBJECTIVES OF THE TRUST 5 5 POWER AND DUTIES OF THE TRUST 5
I CHAPTER TWO MEMBERSHIP
Article 6 MEMBERSHIP 7
I 7 MEMBERSHIP CONDITION 7 8 RIGHTS OF MEMBERS 7 9 DUTIES OF
MEMBERS 8
I 10 CESSATION OF MEMBERS 8 11 POWERS OF APPOINTING,ADDING 9
OR REMOVING TRUSTEES
I 12 TERMINATION OF TRUSTEESHIP 9 13 BENEFICIARIES 9 14
MANAGEMENT OR 9
ADMINISTRATION OF THE FOUNDATION
15 OFFICERS 9
CHAPTER THREE PREPERA TION OF MEETING
Article 16 GENERAL MEETINGS 12 17 FUNCTION OF GENERAL MEETING 13
18 QUORUM 13 19 VOTING 13
I 20 MINUTES 13 CHAPTER FOUR
I PREPERATION OF REGULATION Article 21 GENERAL POWER TO MAKE
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I REGULATION 22 BANK ACCOUNT 14
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23 ACCOUNTS 14 24 AMENDMENT OF THE FOUNDATION 14 25 SEAL 14
CHAPTER FIVE DISPUTE RESOLUTION
Article 26 CONFLICT RESOLUTION 27 DETERMINATION OF THE
FOUNDATION
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ASSALAM COMMUNITY FOUNDATION
THIS DEED OF TRUSTEES. made at Zanzibar this .. . .... . . day
of ... .. .. .... . ... . 2017 by
Mr. Yenturk and MrsYenturk, who are residence of KIZIMKAZI of
P.O. BOX 1541,
KIZIMKAZI DIMBANI, Zanzibar (hereinafter referred to as Settlers
of the Foundation
which expression unless gross to the context or meaning thereof
includes their heirs,
executors, and administrators);
WHEREAS the Settlers are longing for creating and establishing a
Foundation called
ASSALAM COMMUNITYFOUNDATION (hereinafter referred to as "the
Foundation") for undertaking charitable activities.
AND WHEREAS the Settlers have to perform Assalam Community
Foundation as the
first trustee and the Foundation have accepted by the
Settlers;
AND WHEREAS it is the desire of the Settlers of the Foundation
that the Corpus of the
Foundation may be further increased from time to time by flow of
funds and other assets
including moveable and immovable and any other kind by way of
Gifts, or Donations,
acquisitions, allotments, grant exchange or otherwise etc.;
AND WHEREAS the following persons are appointed to be SETTLERS
for holding the
Said property in Foundation for the purposes detailed in this
Foundation:
(i) Mr. Yenturk of P. 0. Box 4541Kizirnkazi, ZANZIBAR
(ii) Mrs.Yenturk of P.O. Box4541kizirnkazi, ZANZIBAR.
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PREAMBLE
Whereas, Zanzibar is archipelago of two main Island UNGUJA AND
PEMBA, which consist five regions and eleven districts, Zanzibar
has an estimated total population 1,303,569, (2012 census) AND;
Whereas, Due to various factors based in the social and economic
facilities in Zanzibar specially in the underprivileged Communities
bounded Zanzibar's villages, THE ASSALAM COMMUNITY FOUNDATION focus
in the main issues in Zanzibar specially in the EDUCATION AND
HEALTH services to the societies; AND
Whereas, The ability of the Government to provide all social and
economic facilities and services is limited due to shortage of
resources; AND
Whereas, the development of any country depend up of
availability of services need such as Education, Health and Water;
AND
Whereas, The founders of this Foundation have recognized the
existence of various challenges facing Zanzibar community of the
education and health regard less the existence of various
Foundation and Organization; AND
Whereas, Shortage of health tools and services in the community.
Therefore in the hospitals there are challenge of tools which are
very necessary for treatment, in order to secure the life of
people, due of the challenge which results to accelerate death to
public and hinder to be inefficiency for the doctors, so after
being registered this foundation will have support the health
sector so as to reduce the problems of the tools and services in
the hospitals; AND
Whereas, The challenge of Lack of education in the Zanzibar
community. It is very common problems which hinder special needs to
the children and orphans families in Zanzibar, especially in the
underprivileged Communities bounded Zanzibar's villages, these
families need more pressure to change their attitude towards these
issues. We have observed a large gap between town and rural area
for a number of inexpert people and the rural area are leading.
AND
Whereas, The challenge of poverty in the Zanzibar community. It
is very important area to support special community which faced the
problems of foods and clothes, as we know that some of the
communities have no ability to afford even one meal per day example
of these elc:lers and other street children and orphans. So this
Foundation will haveprovige the charity to the community; AND '
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Whereas, Shortage of water. It true in some areas there is
shortage of water especially in the rural areas, where by human
being go after for finding this service, so this situation may lead
some bad consequences such as tiredness of the body due to the long
distance, and distance due to the dirty water, so this foundation
will have charity to this service to dig the wells in different
areas in order that to ensure this service of water available.
AND
Whereas, The Foundation provide Support in the religious
activities in the community such as to provide Islamic knowledge
and support construction orphanage centers, Mosques and Madras in
order the societies to grow up under the Islamic system; AND
Whereas, To provide education concerning environment protection,
this another challenge which facing most of Zanzibar community to
protect environment due to the lack of knowledge to the most of
people the thing which lead them makes· un systematically cutting
of forest for their domestic usage.
Whereas, The Government has from time to time called religious
communities and groups to use their ample abilities to assist the
government in providing social and economic service for the welfare
and development of all the people of Zanzibar; AND
Whereas, It is recognized that, the Muslim professional
community of Zanzibar can be mobilized to use their ample
potentials to solve problems related to their religious needs and
able to provide social and economic facilities and services for the
welfare and development of all Zanzibarians,
THEREFORE, We Muslims, meeting 25th day of August 2017, do
hereby resolve to establish a foundation to be known as "ASSALAM
COMMUNITY FOUNDATION" so as to complement the Government efforts on
the aforementioned items.
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1. DESIGNATION a) Name
CHAPTER ONE
ESTABLISHMENT OF DESIGNATION
The name of the Trust shall be ASSALAM COMMUNITY FOUNDATION,
(Othetwise referred to as "ACF")
b) Location and Address The Trust head office shall be in
Zanzibar, the address of the trust shall be ABDUL-AZIZ HOUSE
DIMBANI, KIZIMKAZI P.O.BOX 4541 ZANZIBAR.
c) Language The official language of the trust shall be Swahili
and English
d) Status Assalam Community Foundation is non-governmental
organization; the Foundation shall be Board Corporate and shall a)
Have Official seal and perpetual succession b) In its cooperate
name be capable of sue and being sued c) Be capable of holding,
purchasing, acquiring in any legal way, disposing, letting and
renting of any movable and immovable property d) The foundation
is non- political and non-profitable one
2. INTERPRETATION Unless expressed otherwise in the
constitution, the following words shall have the
following meaning "ACF" is an Assalam Community Foundation
"ASSALAM COMMUNITY FOUNDATION" means the Foundation established
under Article 1 of this Constitution "BOARD" means the Board of
trustee of Assalam Community Foundation of this constitution
"GENERAL MEETING" this is the Board of trustee meeting healed after
annual as under Article 16 (i) of this Constitution
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"CONSTITUTION" means the constitution of Foundation Assalam
Community and includes its amendment as under Article 24 of this
Constitution "FOUNDER MEMBERS" means the Executive Committee of
Assalam Community Foundation established under Article 6 (i) of
this Constitution
"FOUNDATION" means Assalam Community Foundation of this
Constitution
"GENERAL POWER" means the Body of Trustees shall have full power
to make regulations established under Article 21 of this
Constitution "REGISTRAR" means the Registrar of the Society
appointed under section 9 of the
society Act No 6 of 1995
3. ADMINISTRATION
ACF Shall be administered and managed by the trustees under the
name of "ASSALAM COMMUNITY FOUNDATION" or by such other names as
the trustees may from time to time decide, subject to approval by
the Register General.
4. OBJECTIVES OF THE TRUST
1. Provide Islamic knowledge to Muslims. 2. Initiate, develop
and implement various Education projects for the purpose of
increasing the
level of education to the disadvantage communities. 3. To
organize cattle slaughtering and distribution of meat to
underprivileged people. 4. To distribute Food packages, clothes,
medicines, to unfortunate people. 5. To provide emergency relief to
the communities affected by Natural and Non Natural
calamities such as flood, fire, earthquake etc. 6. Improve
communities Health through programs such as HIV consultations,
Blood donation,
Malaria prevention etc. 7. To provide education concerning
environment protection. 8. To acquire and dispose fixed and movable
properties for proper fulfillment of ASSALAMs
objectives. 9. Initiate, develop and implement various economic
projects with the view of alleviating
poverty. 10. To provide clean and safe water to the community
through drilling of bore holes etc. 11. Support or build orphanage
centers, Mosques and Madras. 12. Own or acquire moveable or
immovable properties adequate and necessary for facilitating,
carrying the objectives here in prescribed. 13. To organize
relevant seminars, workshops, study -tours, debates, symposia,
lectures,
researches, conferences and the like.
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5. POWER AND DUTIES OF THE TRUSTEES
a) The business of the trust shall be carried out jointly by the
trustees constituting themselves as a Board of Trustees.
b) In pursuance of the objects of the trust as foretasted, the
trustees shall have the following powers and duties.
1. To organize fund raising activities for the purpose of
furthering the objectives of ACF.
n. ACF may for the purpose, receive any monies or property as
donation or otherwise for the purpose of carrying out the functions
within the jurisdiction of its mandate, provided that such accruals
shall be disposed in a manner that is not intended for profit.
111. To acquire premises necessary or convenient for the conduct
of the affairs and business of ACF and May, for the purpose, buy,
take in exchange, hire or otherwise acquire immovable property and
interest, rights and privileges in respect of the premises or
properties.
1v. To invest monies and other properties of the trust upon such
security as may be determined.
v. To open and administer banking accounts whether current,
saving or fixed deposits, with any registered bank or financial
institution.
v1. To do all lawful acts and things as are conductive to or
necessary for the attainment of all or any of the objectives of
Foundation.
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CHAPTER TWO
MEMBERSHIP
6. MEMBERSHIP
The Foundation shall have the following categories of
members.
i) Founder Members, are those persons who signed in application
form during the application for registration of ACF and continue to
be member thereof
ii) Ordinary Members are those who shall join the membership
after ACF is registered, by applying to Executive Committee given
.such membership through prescribed procedure and admitted as
member upon fulfillment of conditions and accept the terms of this
Constitution.
iii) Honorary Members are those members honored as such by ACF
Executive Committee for his or her contributions in helping the
ACF.
7. MEMBERSHIP CONDITIONS
Ordinary Membership shall be given to the person who possesses
the following qualifications.
i) Sound mind.
ii) 18 years of age or above. and
iii) Be ready to volunteer physically and financially for
ACF.
iv) Interested and understand the objectives of the ACF
v) Not convicted for criminal offences sentenced and imprisoned
for a team exceeding six months.
8. RIGHTS OF MEMBERS
Members of ACF. Shall have the following rights:-
i) Subject to this Constitution, to attend all meetin~\ pLACF
and participate m deliberations and decision making at the
meetin~
ii) To request and obtain information, in connecticft\ l\'ith
ACF .ictivities.
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iii) To receive publications and other information that may be
distributed by ACF.
iv) To be heard and informed in any allegations.
v) To be respected.
9. DUTIES OF MEMBERS
1. Members shall in accordance with this Constitution have the
following obligations:
i) To settle their financial obligations towards ACF
promptly.
ii) To attend all meetings duly convened by ACF on time.
iii) To undertake any assignments that may be required by
AFC
iv) To respect other members as well as public in general.
v) Not to use the Foundation and its properties for his private
interests.
vi) He should not reveal the secret of the Foundation.
2. With exception to honorary member and subject to the
provisions of this Constitution, every member shall be bound by the
above rights and duties.
10. CESSATION OF MEMBERS
A member shall cease to be a member on any of the following
grounds:
a) Termination by the Executive Committee
b) Voluntary resignation
c) Death
d) Dissolution of the Foundation
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11. POWERS OF APPOINTING, ADDING OR REMOVING TRUSTEES
The powers of appointing new or additional Trustees or removing
the Registered Trustees of this Deed shall be vested in the founder
of the Foundation provided that the number of trustees shall not be
less than five and not more than ten, and provided further that the
power to appoint new Trustees shall be subject to the following
requirements.
1. A person who believes in, accepts, or adheres to the
objectives of this Trust. 11. A Trustee must be attaining 18 years
of age. m. The term of the Trusteeship if five years and renewable
exclude the founder of the
foundation
12. TERMINATION OF TRUSTEESHIP
Trusteeship shall cease on either of the following: 1.
Conviction of an offence involving the Trust property.
11. Expulsion. iii. Death. iv. Resignation. v. Insanity.
13. BENEFICIARIES
The Community or member of the public on whom the Trustees shall
approve.
14. MANAGEMENT/ ADMINISTRATION OF THE FOUNDATION
The Board of the Trustees shall have the general and exclusive
management and all and administrative functions or any business
relating to the Trust upon approval in writing by the Trustees, as
the Trustees think fit.
15. OFFICERS
1. CHAIRPERSON
a. There shall be a Chairperson for the administration of the
Foundation, nominated by the Board of
Trustees, who shall be one amongst Foundation for such period,
in such manner as may be specified
in this behalf.
b. The duty and responsibility of the Chairperson of the
Trustees to: i. Supervise all business of the Foundation
11. To preside at all meeting of the Board 6f!f.rustees 111. To
take all necessary measures to protect the interests of the
foundation
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2. VICE CHAIRPERSON
a. The Vice Chairperson shall be nominated by the Board of
Trustees who shall -.. one amongst foundation for such period.
b. The function and responsibility of the Vice Chairperson of
the Trustees to: 1. In such manner he received order and
instructions as may be specified
the Chairperson. ii. He shall take all duties and
responsibilities of the Chairperson in the e, ..
of his absence.
3. SECRETARY GENERAL
The secretary shall be an ex-officio member of the Board of
Trustees and shall responsible for the following:
1. To organize elections to the Foundation in accordance with
standing orders and keep the minutes of the meetings of the Board
of Trustees.
11. To maintain all records and seals of the Foundation. 111. To
take care of the day to day activities of the Foundation to be the
secretar)
of all meetings. 1v. To represent the Foundation in its
relations with internal and international
matters. v. Shall be the Chief spoke person of the
Foundation.
vi. To implement the decision of the Executive Committee and
General Meeting with recommendations.
vii. Shall perform any other such duties as designed by the
Executive Committee or General Meeting.
4. DEPUTY SECRET ARY GENERAL
The shall be Deputy Secretary General shall be an ex-officio
member of Board of Trustees and shall be responsible for the entire
duties specified and done by Secretar) General in the event of his
absence.
The duty and responsibility of the Deputy Secretary
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a. The Chief Assistant of Secretary General b. Shall perform and
assume the functions of Secretary General in his absence c. Shall
perform any other such duties as designated by the Executive
Committee or
General Meeting.
5. TREASURER
There shall be a Treasurer of Foun,dation, nominated by Board of
Trustees who shall be one amongst of the trustee of the
Foundation.
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The duty and responsibility of the Treasurer of the
Foundation:-
1. To supervise and Control all assets of the Foundation. ii. To
preside all funds of the Foundation. m. To take all necessary
measures to protect the interests of the
foundation and responsible for all funds, financial affairs,
records and securities of the foundation.
1v. To prepare a summary of the association's financial report
once a year or at a time to be set by the Foundation.
6. ASSISTANT TREASURER
There shall be Assistant Treasurer who works behalf of the
treasurer for the management of funds and assets controller of the
Foundation, nominated by the Board of Trustees, who shall be one
amongst of the trustee of the Foundation.
The duty and responsibility of Assistant Treasurer;-
a. The chief assistant of Treasurer b. Shall perform and assume
the function of Treasurer in his absence. c. Shall perform any
other such duties as designed by the Executive
Committee or General Meeting.
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CHAPTER THREE
PRE PERA TION OF MEETING
16. GENERAL MEETING
1) There shall be the General meeting of ACF consisting of
members of Foundation and it shall be the Governing Bpard of this
Foundation. The General Meeting the Trustees shall meet once in
every year.
2) There shall ordinarily be convened an Annual General Meeting
of ACF in every calendar year during the month of July at a place
and time to be determined by the Executive Committee
a. The Chairperson of the ACF shall be head of the Annual
General Meeting. b. The Trustees shall ordinarily meet once in
every three months or as often as
may be necessary for the satisfactory conduct of the affairs of
the Trust. c. Meetings of the Trustees may be called by the
Chairman or any three
Trustees upon not less than four days notice being given to the
other trustees of the matter to be discussed, but if the matter
included an appointment of a Trustee or proposal to amend any of
the Constitution of the Trust, then upon not less than twenty one
notice being so given.
d. Any other General Meeting of the members of ACF. Other than
the Annual General Meeting shall be called Extra-ordinary General
Meeting which shall be made by executive committee or 15 of the
members may apply petition.
e. The quorum at any meeting (whether Annual General Meeting or
Extra Ordinary General Meeting) shall be one-third of the members
of ACF. The majority of the members present and voting at that
meeting shall be deemed to be a decision of ACF
Except as shall be otherwise determined, all matters before the
General Meeting shall be decided by a simple majority vote.
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17. FUNCTIONS OF GENERAL MEEATING
i) To receive, deliberate on and approve policies of ACF as
proposed by the Executive Committee before its submission to the
Registrar.
ii) To receive and deliberate on audited final account ,annual
budget, operational strategic plan, and performance and other
reports of ACF presented by the Executive Committee before its
submit ion to the Registrar.
iii) To adopt ACF orders and policies.
iv) To here and determine appeals.
v) To expel members in accordance with this Constitution.
vi) To appoint the Trustees of ACF
vii) To approve the annual budget of ACF as proposed by
Executive Committee of the foundation
viii) To receive ACF annual and quarterly plans, annual budgets,
annual reports and financial statements. From the Executive
Committee and approve before its submission to the Register.
18. QUORUM
There shall be a quorum of the Body of Foundation; the quorum
for the Meeting of the Board of Foundation should be more than half
of members of the Board of Foundation.
19. VOTING
Every matter shall be determined by a majority of votes of the
Trustees present and voting on the question. The Chairperson of the
meeting shall have a casting vote except have personal interest
whether he/she has not voted previously on the same question but
not Body of Trustee in any other circumstances shall give more than
one vote. ·
20. MINUTES
A minute book shall be kept by the Secretary of the Board of
Foundation. Minutes of entry into the office of
every new Foundation and of all proceedings of the meeting of
the Board of Foundation shall be entered in the
minute book and shall be signed by the Chairperson of the
Meeting.
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CHAPTER FOUR
PREPERA TION OF REGULATION
21. GENERAL POWER TO MAKE REGULATIONS
Within the limits of this Deed, The Board of Trustees shall have
full power from time to time make regulations for the management of
the Trust and for the conduct of their business, including the
calling of the meetings, deposit of money at the bank and custody
of documents.
In addition to any powers or provisions for the protection of
the registered Trustees, shall be entitled to exercise any powers
conferred by law on Trustees if and in so far as a contrary
intention is not expressed in the deed and to have the benefit of
any indemnity or other protection given by law to Trustees.
22. BANK ACCOUNT
The Board of Trustees shall open, maintain and operate a bank
account in the name of the ASSALAM COMMUNITY FOUNDATION. Any bank
account in which any part of the Trust fund is deposited shall be
operated by the Trustees and such accounts shall be jointly
operated
in the manner to be decided by the Board of Foundation.
23. ACCOUNTS
The Trustees shall:-i. Keep accounting record for the Trusts for
the Foundation.
11. Prepare annual statement of accounts for the Foundation.
111. Cause the auditing or independent examination of the accounts
of the Foundation.
24. AMENDMENT OF THE TRUST The trustees may amend the provisions
of this deed provided that: No amendment may be made to the object
clause unless it appears to the trustees that the objects can no
longer provide a suitable and effective method of using the Trust
fund.
25. SEAL a. The Trustees shall provide a common seal which shall
be kept under such custody
and control as the trustees shall from time to time determine.
b. The Seal shall not be affixed to any instrument except pursuant
to a resolution of the
Trustees and in the presence of at least two Trustees, and the
said Trustees shall sign every instrument to which the common.
c. The seal shall be so affixed in their presence. d. The seal
shall have the inscrjpt\0\1 qf tJ:te words "ASSALAM COMMUNITY
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CHAPTER FIVE
DISPUTE RESOLUTION
26. CONFLICT RESOLUTION
In case of any misunderstanding in the interpretation and or
execution of these presents, trustees shall nominate three Muslims
scholars or a reputable Islamic organization to mediate and resolve
the dispute, failure to that, laws of the country will take its
natural course.
27. DETERMINATION OF THE FOUNDATION
The Trust constituted by these presents shall determine:-1. If
and when the activities of the Foundation cease or are wind up. ii.
By operation of the law. m. If by special resolution, the Trustees
resolve that the Trust should be wound up and
dissolved. Upon such determination, any balance of funds or
assets remaining unutilized and in the control of the registered
trustees shall be paid to any reputable Islamic organization in
Zanzibar agreed by the trustees and carrying on the activities
contemplated in this constitution.
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IN WITNESS WHEREOF the said Trustees have here unto set their
respective hands on the day and year first before written.
SIGNED and DELIVERED by the said ) HATICE YENTURK ) Who is known
to me personally/ Identified) To me by ........................ ,
.. the latter being) Known to me personally in my presence ) This
......... day of ................... 2017 )
Name: ......................................... . Signature:
...................................... . Postal Address:
............................... . Qualification:
.................................. .
SIGNED and DELIVERED by the said ) FATIH YENTURK ) Who is known
to me personally/ Identified) To me by ...........................
the latter being) Known to me personally in my presence ) This
......... day of ................... 2017 )
Name: ......................................... . Signature:
...................................... . Postal Address:
.............................. .. Qualification:
.................................. .
SIGNED and DELIVERED by the said ) OTHMAN OMAR SAID ) Who is
known to me personally/ Identified) To me by
........................... the latter being) Known to me
personally in my presence ) This ......... day of
................... 2017 )
Name: ......................................... . Signature:
...................................... . Postal Address:
............................... . Qualification:
.................................. .
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SIGNED and DELIVERED by the said ) ABDALLAH HADHARI ABDALLAH )
Who is known to me personally/ Identified) To me by
........................... the latter being) Known to me
personally in my presence ) This ......... day of
................... 2017 )
Name: ............................. . ........... . Signature:
...................................... . Postal Address:
............................... . Qualification:
.................................. .
···-~·-····· TtfUSTEE
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(10)Resim (11)Resim (12)Resim (13)Resim (14)Resim (15)Resim
(16)Resim (17)Resim (18)Resim (19)Resim (20)Resim (21)Resim
(22)Resim (23)Resim (24)