Signatures and Notarization

In order for a power of attorney to be a legal document it must be signed and dated at a minimum by the principal. This alone, however, is not usually considered sufficient if the legality of the document is ever challenged by a third party. Having the document reviewed and signed (and often stamped) by a notary public increases the likelihood of withstanding such a challenge. In Turkey, a power of attorney requires notarization and the signature of at least one witness. Each country has specific process and it is important to confirm the most recent version.

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Powers of Attorney in Turkey

The Power of Attorney prepared in Turkey must be correctly executed as a legal document under Turkish law and certified/attested (i.e. notarized by a Turkish notary. Notarial certification by a Turkish notary is proof that a document has been duly executed or duly signed in accordance with Turkish law.

Notaries in most cases will require the grantor of the Power of Attorney to sign in their presence to allow them to identify the signatory and witness the signature. If the POA is drawn on behalf of a legal entity such as a company, the notary may also ask to see evidence of the existence of the company and that the person executing the POA is authorized to sign on behalf of such legal entity.

 

Types of Powers of Attorney in Turkey

Turkish Power of Attorney, depending on the authority it grants and the content, can be classified into two groups. Your Turkish notary will advise you which of the two types of Power of Attorney would be more suitable to you.

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1. General Power of Attorney

A General Turkish Power of Attorney is used when a person authorizes another person with several authorities to perform more than one specified act on his/her behalf, for example authorizing more than one attorney for representation at the Court. This type of Power of Attorney is prepared and executed by a Turkish Notary.

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2. Special (Specific) Power of Attorney

A Special (Specific) Turkish Power of Attorney is used when a person authorizes another person with a single (specific) authority to perform one specified act on his/her behalf. Examples of Special (Specific) Turkish Power of Attorney are: divorce, property, inheritance, usufructuary (the right to use, but not to own), pensions, money withdrawal, telephone connection, name or age change. In these cases, the authority is specified for a particular act and the Power of Attorney is prepared or attested and executed by a Turkish notary.

For non-Turkish nationals, photographs should be added to the Powers of Attorney related with Family Law, Divorce and Property.

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How To Use A Turkish Power Of Attorney In Turkey And Abroad

a) Power of Attorney prepared in Turkey for use in Turkey

Power of Attorney, prepared as described above and notarized by a Turkish notary, can be used in Turkey without recourse to any other verification of validation.

b) Power of Attorney prepared in Turkey for use abroad

If the Power of Attorney executed in Turkey will be used abroad, for example in France, it has to be "Legalized" (Apostilled) before it can be accepted by an overseas authority. This legalization (also referred to as "Apostille", the legal term for the legalization certificate) is the official confirmation for the document to can be accepted in a country other than Turkey. Apostille legalisation is accepted in countries which have signed the 1961 Hague Convention. Countries not signed will often still require an Apostille but will also need further legalisation via their embassy.

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Step-1: Notarization

The Power of Attorney prepared in Turkey for use abroad must first be notarized by a Turkish notary as described in section a) above.

Step-2: Legalization (Apostille)

The notarized Power of Attorney must be verified (legalized) either by a competent Turkish authority as listed below or by your Consulate in Turkey.

i) Legalization (Apostille) by a Turkish Authority

For administrative documents

- In provinces; by the Province Governor (Vali)

- In districts: by the Head of District (Kaymakam)

For judicial documents: High Courts

Your notary will advise you which of the above authorities will be the relevant authority in your case.

ii) Legalization (Apostille) by your Consulate

Notarized Power of Attorney can also be Legalised (apostilled) by your country’s diplomatic mission in Turkey.

 

Translation Of A Turkish Power Of Attorney Into English, German, French, Italian, Russian and Spanish

If you need English translation of a Power of Attorney executed in Turkey and its apostille:

- If the translation is to be done in Turkey: the translation of the Power of Attorney and the translation of the apostille must be done by a sworn translator registered at a Turkish Notary and the translations notarised by a Turkish notary. (We always work with sworn and notary certified translators)

- If the translation is to be done abroad: the translation must be notarized and apostilled in that country

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Rest assured that when you start dealing with Turkish Translation Services you will receive the very best in service. We don't charge extra for proofreading, this is always included in the base price.

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