For foreign nationals, a power of attorney before a Turkish notary is possible and quite common in practice. Not knowing Turkish is not an obstacle; The law also regulates this situation. The main point to pay attention to is elsewhere:general power of attorney is inadequate for the most important tasks. An authority that is not clearly written in the power of attorney is not considered to have been given to the attorney – and this deficiency often emerges at the land registry office or in a title deed annulment case filed years later.
In this article, we discuss in order the obligations of the notary, the requirement for a translator, works requiring special authority and the most common problems in practice.
What is the Notary’s Obligation?
Notary Public Law No. 1512 does not give notaries an ordinary approval duty. Notary; people who will do business is obliged to fully learn his identity, address, abilities and real wishes.
This obligation explains why the transaction proceeds so formally. The notary not only seals the text; It must establish that the signer truly understands and wants what he is signing.
In the transaction carried out in the form of regulation, the document includes the following: the name and surname of the notary public and the name of the notary public, the place and date of the transaction, the identity and addresses of the person concerned and the translator, witness and expert, if any, and the tax identification number of the person concerned, the declaration of the person concerned about his genuine desire, and the signatures and seal of the notary public with the signatures of the participants in the transaction. The original is kept in the notary office and a copy is given to the person concerned.
Is a Translator Necessary for a Foreigner Who Doesn’t Know Turkish?
Yes, and this is not a choice but a legal obligation. The Notary Law clearly states:If the relevant person does not know Turkish, a certified translator is also available.
Additionally, in case of translation from one language to another, the notary will annotate the text. If the notary has used a sworn translator, this annotation must include the identity and address of the translator, and the document must be dated, signed and sealed by the notary.
There is also a prohibition that should be taken into consideration in practice: notaries, witnesses, translators and experts; He/she cannot participate in the transaction if he/she is the spouse of one of the relevant parties or is a relative of certain degrees. So it is not possible for a relative who has an interest in the transaction to act as an interpreter.
Why is a General Power of Attorney Not Enough?
This is the critical part. According to the Turkish Code of Obligations No. 6098, if the scope of the power of attorney is not clearly stated in the contract, it is determined according to the nature of the work to be done and the power of attorney covers the legal procedures necessary to carry out the work.
However, the same article,works that cannot be done without special authorization counts one by one. Unless the attorney is specifically authorized to:
- cannot sue
- there can be no peace
- cannot refer to the referee
- cannot request bankruptcy, postponement of bankruptcy and composition
- cannot make foreign exchange commitments
- cannot donate
- cannot be a guarantor
- cannot transfer the real estate and cannot limit it with a right
The last item is the most expensive. The Supreme Court emphasized that in disputes involving transfers made with a general power of attorney that does not contain a special authority for the transfer of real estate, the absence of a special authority for sale in the power of attorney is effective on the outcome. Likewise, it was ruled that the mortgage established by the attorney in favor of the bank, although no special authority was given in the power of attorney, was invalid.
Practical Result
If “real estate sale” or “mortgage establishment” is not clearly stated in the power of attorney, the transaction performed by the attorney can be canceled later. Even if it is overlooked by the land registry officer, it does not change the result.
What Documents Are Required?
- Valid passport(original)
- Foreign identification number or tax identification number
- Passport photo— power of attorney for title deed transactions usually requires two
- Attorney’s information: name and surname as written on the ID, T.R. identification number, address
- Sworn translator— Mandatory if Turkish is not known
- Title deed information of the real estate— if the power of attorney relates to real estate
Is it possible to grant power of attorney from abroad?
Yes. According to the Law No. 5718 on Private International Law and Procedural Law, legal transactions can be carried out in accordance with the form prescribed by the law of the country in which they are carried out or the law that is competent on the substance of the transaction.
There are two ways in practice: Having it prepared by the notary public of the country where you are located.apostille and use in Turkey with sworn translation, or At the Turkish consulate to have it edited. The consular route eliminates the need for apostille, but appointment times may be longer.
Time and Cost
The transaction at the notary is usually completed in the same visit; It takes between half an hour and two hours depending on the intensity. The cost varies depending on the applicable notary fee and fee schedule and the number of pages and copies; Translator fee is added separately. Since the tariffs are updated periodically, it would be correct to confirm the amount from the notary public before the transaction.
Common Mistakes
- “Let’s get a general power of attorney, it covers everything” assumption. Not included.
- Printing the proxy’s name differently from the spelling on the ID. The transaction in the land registry stops.
- Trying to get a relative to act as an interpreter. It is subject to the prohibition clause.
- Leaving powers vague. The more concrete it is written, the less controversy there will be later.
- Not setting a time limit. An indefinite and broad power of attorney creates unnecessary risk.
- Neglecting dismissal. When the need is over, the power of attorney should be released from the notary and notified to the relevant institutions.
Frequently Asked Questions
Can a foreign national give a power of attorney from a notary in Turkey?
Yes. A power of attorney can be issued with the passport and the required identification number, and with the presence of a sworn translator if the person does not speak Turkish.
Can title deed be transferred with a general power of attorney?
No. Transfer and limitation of real estate requires special authority; Otherwise, the transaction may be deemed invalid.
Can someone who does not speak Turkish give power of attorney without an interpreter?
No. The law requires the presence of a certified translator if the person concerned does not know Turkish.
Can a power of attorney issued abroad be used in Turkey?
Yes. If it is issued by a foreign notary, apostille and sworn translation are required; If it is issued at the Turkish consulate, there is no need for apostille.
How long is a power of attorney valid?
If no period is specified, it is valid until dismissed. For security reasons, it is recommended to set a time limit.
How do I revoke the power of attorney?
A letter of dismissal is issued by a notary. It is important to inform the attorney and the institutions where the power of attorney will be used.
Legal notice: This article contains general information about Turkish law and does not constitute legal advice. The content of the power of attorney should be shaped according to the transaction to be performed. Consult a lawyer before having it edited.
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