In Turkey, a vekaletname (power of attorney – “PoA”) is a very practical tool for foreigners who need legal acts to be carried out on their behalf without being physically present. It is widely used in real estate purchases, court proceedings, company formation, banking, and many other transactions. However, because a PoA gives very strong authority to another person, it must be prepared carefully and in compliance with Turkish law.
Below is a general explanation for foreigners about how PoAs work in Turkey, how they are issued, and what to pay attention to.
1. What is a Power of Attorney in Turkey?
A Turkish vekaletname is a written authorization where one person (the “principal”) grants another person (the “attorney-in-fact” or “proxy”) the right to act on their behalf.
In Turkish law, it is based on the rules of mandate in the Turkish Code of Obligations and must generally be executed before a notary or Turkish consulate to be valid for official transactions.
Key points:
- It is not a transfer of ownership by itself; it is an authority to perform legal acts.
- The attorney must act within the limits of the powers clearly written in the PoA.
- The principal remains legally responsible for acts done under a valid PoA.
2. Do Foreigners Need a PoA?
Foreigners often use PoAs in Turkey in these situations:
- Real estate transactions: buying or selling property, signing preliminary sales promises, dealing with the Land Registry.
- Litigation and enforcement: appointing a lawyer to represent them before courts, enforcement offices, tax authorities.
- Corporate and commercial matters: company incorporation, share transfers, opening bank accounts, signing contracts.
- Immigration and residence procedures: filing residence permit or citizenship applications through an attorney or law firm.
If you cannot travel to Turkey, or you prefer a professional to handle complex procedures, a PoA is usually the most efficient solution.
3. Where and How Can a Foreign National Issue a PoA?
a) Issuing a PoA in Turkey
If you are physically in Turkey:
- You go to a Turkish notary public (noter).
- If you do not speak Turkish, a sworn interpreter must be present. The notary will read and explain the text in Turkish; the interpreter will translate for you.
- You sign the PoA before the notary.
- The notary prints and seals the document; an official fee is paid.
For some PoAs (especially those for real estate transactions), your photo is affixed to the PoA and your passport details are included.
b) Issuing a PoA Abroad
If you are abroad and cannot come to Turkey, you usually have two main options:
- Turkish Consulate or Embassy
- You can issue a PoA directly at a Turkish consulate.
- The text is prepared in Turkish; an interpreter may be used if needed.
- PoAs issued by Turkish consulates are accepted in Turkey without further legalization.
- Local Notary + Apostille/Legalization
- In your country, a lawyer or notary prepares a PoA (ideally bilingual: Turkish and the local language, or at least with a clear translation).
- You sign it before a local notary.
- The document is then legalized (usually via apostille under the Hague Convention).
- When it arrives in Turkey, it must be accompanied by a sworn Turkish translation and notarization of that translation.
- After these steps, Turkish authorities and institutions generally accept it.
It is very important that the content of the PoA complies with Turkish practice (especially for real estate and court representation), so drafting should be done by or in coordination with a Turkish lawyer.
4. Special Rules for Real Estate PoAs
Real estate transactions in Turkey are more strictly regulated. The Land Registry (Tapu Müdürlüğü) usually requires:
- A notarized PoA specifically authorizing:
- Sale, purchase, mortgage, application for title deed, signing of necessary petitions and forms, etc.
- Clear identification of:
- The principal (passport details),
- The attorney, and
- Sometimes even the specific property or at least the type of transaction.
- A recent PoA: in practice, some Land Registries hesitate to accept very old PoAs, even if legally they are still valid, especially for high-value transactions.
Because of the financial and legal risks, a generic, vague PoA is strongly discouraged. Instead, a special, transaction-specific PoA is safer.
5. PoA for Court and Legal Representation
If you want a Turkish lawyer to represent you in court, file lawsuits, or negotiate settlements, you will normally sign a lawyer’s PoA (avukata verilen vekaletname).
This type of PoA typically includes powers:
- to file and pursue lawsuits,
- to attend hearings,
- to make statements and submissions,
- to accept or reject settlements,
- to collect payments,
- and other procedural powers.
For foreigners:
- The PoA is usually in Turkish; however, your lawyer can provide you with an English explanation or bilingual draft.
- If signed in Turkey, a sworn interpreter is used at the notary.
- If signed abroad, apostille/legalization rules apply as explained above.
6. Duration, Revocation, and Risk Management
A PoA in Turkey is generally valid until revoked, unless the text itself sets a clear expiry date.
- You can revoke a PoA at any time by:
- Issuing a revocation statement at a notary, and
- Notifying the attorney and, where necessary, relevant institutions (Land Registry, bank, court, etc.).
- If the PoA was given for a very specific transaction, you may choose to state that it will be automatically terminated after that transaction is completed.
Because a Turkish PoA can grant very broad powers, foreigners should:
- Carefully select the attorney or representative (preferably a licensed lawyer or trusted person).
- Avoid giving unnecessary financial powers such as “collect and use all money in bank accounts” unless absolutely required.
- Use limited, transaction-specific wording instead of overly general phrases.
- Keep a copy of the PoA and a record of where it has been submitted.
7. Practical Tips for Foreigners
- Work with a Turkish lawyer when drafting your PoA, especially for real estate and litigation matters.
- Decide whether you need a general PoA (multiple matters) or a special PoA (one specific transaction).
- Check beforehand:
- which notary or consulate you will go to,
- what identification documents you must bring,
- whether an appointment and interpreter are needed.
- If signing abroad, plan extra time for apostille/legalization and translation.
- Keep in mind that banks, municipalities, Land Registries and other authorities may have internal practice requirements (such as recent date, photo, or specific clauses).
This is a general informational text for foreigners and does not replace tailored legal advice. Before issuing a PoA in Turkey or abroad, it is always wise to consult directly with a Turkish attorney, share your specific situation, and have your PoA drafted in a way that protects your interests while remaining fully valid before Turkish authorities.
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