How to Get a Power of Attorney

1- SALES AUTHORIZED BY REPRESENTATIVE

In Turkey, all kinds of transactions, including the purchase and sale of real estate, can be carried out by persons authorized by proxy (power of attorney) without the need for the parties to personally come to the land registry office and deal with the transactions.

Since the power of attorney given by the parties is a contract based on mutual trust and subject to formal conditions, the nature of the transaction to be carried out should be clearly defined and should not leave any room for hesitation and doubt.

Since the Land Registry Office checks one by one whether the power of attorney given by the parties is valid, in accordance with the procedure and whether there is a dismissal status, transactions are carried out safely by proxy in Turkey.

2- AUTHORIZATION BY POWER OF ATTORNEY

Power of attorneys for all transactions related to immovables must be in the form of an arrangement.

Identity information (attorney information if the attorney is a lawyer) or passport information of the power of attorney and the attorney.

A recent photograph of the proxy giver must be affixed and the photograph must be stamped. No photograph is required for legal entities.

The limits of the power of attorney and the place where the power of attorney is given must be written.

It is an important element to include information such as Pafta – Island and parcel number or independent section number.

A power of attorney written with this information covers only that real estate. If this power of attorney authorizes.

For example, the entire district, the proxy can sell all immovable properties in that district.

The authorization for the transaction subject to the request must be clearly stated.

The province/district/island/island/parcel/share/independent region number of the immovable to be authorized for sale or purchase must be given.

If this information is given, the power of attorney given covers only that immovable. If more general authorization is desired, a general power of attorney is given within the borders of Turkey or within the province/district.

After the information about the location is given in the power of attorney, the phrases “to sell the properties I own / registered in my name at any price and conditions” or “to purchase at any price and conditions” should be added.

Unless otherwise stipulated in the power of attorney, the power of sale also includes registration and purchase.

3- INSTITUTIONS TO ISSUE THE POWER OF ATTORNEY

The authorized institution to issue power of attorney is notaries in Turkey. Turkish Embassies and Consulates abroad can issue power of attorney

Persons abroad can be given a power of attorney at the competent authorities acting as notaries in their own countries.

The procedure about the power of attorney that can be obtained from Turkey and abroad:

a- Power of attorney issued by a Turkish Notary Public or power of attorney issued by Turkish Consulates

Foreign private individuals may also have a power of attorney issued at Turkish Consulates abroad or notaries in Turkey.

The language of the power of attorney is Turkish. Those who do not speak Turkish should have an interpreter with them. During the issuance of the power of attorney, as in all notary procedures, the person must present his/her identity card (identity document if he/she is a foreign national, and blue card if available).

In both institutions, the power of attorney is issued by stating the transactions to be made with 2 photographs, the original passport or Turkish identity document one by one.

It does not matter whether the proxy is Turkish or foreign.

b- Power of Attorney issued by a Notary Public Abroad

For the power of attorney issued by a foreign country notary, an apostille annotation must be obtained from the apostille authority in that country or if the country is not a party to the Apostille Convention, a power of attorney cannot be issued to represent companies established under foreign law at Turkish Consulates abroad.

If an Apostille annotation can be obtained for the power of attorney: Power of attorneys issued by foreign notaries in the language of the country, including the certified photograph of the person concerned, must be certified according to the Hague Convention dated October 5, 1961, and the certification annotation must bear the phrase “Apostille (Convention de La Haye du Octobre 1961)” in French as well as the language of the country.

In addition, the attestation of the Turkish Consulate in that place is not required. If the power of attorney is not in Turkish, it must be translated into Turkish by a sworn translator in Turkey and certified by a Turkish notary.

If the power of attorney cannot be Apostilled, in other words, the signature of the notary in the power of attorney issued by the notaries of foreign countries that are not party to the Hague Convention dated 5 October 1961 in the language of the country, including the approved photograph of the person concerned, must be certified by the authority to which the notary’s signature is attached, and the signature and seal of this authority must be certified by the Turkish Consulate in that place.

4- TRANSLATION OF A POWER OF ATTORNEY ISSUED IN A FOREIGN LANGUAGE

If the power of attorney issued abroad is in a foreign language, it must be translated into Turkish, otherwise it cannot be used in Turkey. For this purpose, the power of attorney must either be translated by a sworn translator affiliated to the Turkish consulate abroad and the translation must be approved by the consulate or translated by a sworn translator in Turkey and the translation must be certified by a Turkish notary.

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