A power of attorney is a written document that gives the authority of one person to another person to take actions that will have legal consequences on certain issues. Power of attorney in Turkey is given by notary publics. In Turkey, a power of attorney, which is not approved or issued by a notary public, is only written and signed is not considered as a power of attorney.
Powers of attorney are divided into statutory form and approval form. While the power of attorney in the form of statutory can only be issued by notary publics, power of attorney in the form of approval is prepared outside and only approved by notary publics.
It is obligatory to issue a statutory form power of attorney regarding contracts requiring action on title deed and power of attorneys, will, sale with the condition of keeping the property, promise to sell real estate, foundation deed, marriage contract, adoption and recognition and division of inheritance.
For more information please see: https://www.konsolosluk.gov.tr/Procedure/ShowProcedureDetail/?procedureId=6&procedureDetailId=79
How to Obtain a Power of Attorney?
In order to issue a power of attorney, the foreigner who will give the power of attorney must be present in person, while the person who will receive the power of attorney does not need to be present.
Foreigners can apply to a notary public in Turkey to issue a power of attorney with a valid passport or residence permit. In this case, a sworn translator may be requested by the Notaries.
Foreigners can issue a power of attorney through notary publics in Turkey, or they can do this at consulates abroad. If the person giving the power of attorney is not literate, two witnesses are required, who are not first degree relatives. Witnesses are required to present their identity card. The language of the power of attorney is Turkish. Those who do not speak Turkish are required to have a sworn translator with them.
Other information and documents to be requested while giving the power of attorney;
Name, surname, date of birth, father's name and T.R. Identification number. If proxy is an Attorney, the name of the Bar Association to which he is affiliated
2 passport size photos for power of attorney to be issued on title deed transactions, divorce, vehicle purchase and sale
Deed information in the power of attorney to be used in the title deed
Vehicle license information in vehicle purchase and sale power of attorney
Passbooks for bank accounts
Trade registry gazette and signature circular are required for requests to issue a power of attorney on behalf of a company established in Turkey.
What to Consider When Issuing a Power of Attorney?
Power of attorney can be issued with general authority and limited authority. The person who takes the power of attorney will be able to act on the basis of the powers given to him. The power of attorney must include the act to be done as proxy. Otherwise, it will not be possible to act by proxy.
The following points should be taken into account when giving a power of attorney.
Deed information of real estate in power of attorney about real estate,
The vehicle's license information in transactions related to the vehicle and, if known, the identity information of the person who will buy / take over the car,
In transactions with banks; name of the bank, branch, account number,
Identity information is written correctly,
Proxy person's identity information is written correctly
In addition, a photograph should be attached to the document when issuing a divorce, real estate purchase and sale contracts and power of attorneys, will, sale with the condition of keeping the property, real estate sales promise, foundation deed, marriage contract, adoption, recognition, inheritance distribution agreement.
The powers given in the power of attorney can be limited to a certain period of time. If the power of attorney is given for a period of time, this should be stated in the power of attorney.
Is a Power of Attorney Issued Abroad Valid in Turkey? What are the Actions to be Taken for it to be Valid?
Turkey is a party to The Hague Convention on the Abolishing the Requirement of Legislation for Foreign Official Documents. Pursuant to this Convention, in order for the power of attorney issued by the competent authorities in any of the contracting countries to be valid in Turkey, apostille approval must be made and the power of attorney must be translated into Turkish in a notary approved translator.
When it comes to the use of documents in Turkey that are issued by foreign authorities that are not party to the said Convention (Apostille Convention), or the use of documents issued in Turkey in countries that are not parties to the said Convention, the power of attorney issued in front of foreign authorities, if approved by the Turkish Consulate General in the said country is considered valid.
Can I Take Back the Power of Attorney I Have Given?
Power of attorney can be used until the attorney is dismissed. If it is desired that the person appointed as the proxy no longer uses the powers given by the power of attorney, a dismissal letter should be sent to the attorney. If the power of attorney is temporary, it loses its validity with the execution of the period, or if it is given only once.