Validity in Türkiye of a Power of Attorney Issued Abroad

Meta Description: Is a power of attorney issued abroad valid in Turkey? Consular power of attorney, foreign notary power of attorney, apostille, translation, and notary approval process.

Can a power of attorney issued abroad be used in Türkiye?

Yes. Powers of attorney issued abroad can be used in Türkiye if they meet certain formal and authentication requirements. However, where and before which authority the power of attorney was issued is crucial for its validity in Türkiye.

There are two main ways to grant power of attorney to someone in Türkiye from abroad:

1. Drawing up a power of attorney at a Turkish consulate or embassy
2. Drawing up a power of attorney before a foreign notary or authorized authority

The legal consequences of both methods differ. Powers of attorney issued at a Turkish consulate can be used directly in Türkiye, while those issued by a foreign notary often require an apostille or consular certification, followed by a Turkish translation and notarization.

Power of Attorney Issued at the Turkish Consulate

Turkish citizens or foreigners living abroad can obtain a power of attorney at Turkish consulates for use in Türkiye. A power of attorney issued at a consulate is considered equivalent to a notary transaction in Türkiye.

Therefore, a separate apostille is not required for a power of attorney issued at the Turkish consulate. The consular power of attorney can be used directly in Türkiye.

Especially in matters such as filing lawsuits, appointing a lawyer, divorce, inheritance, property deeds, banking, and company transactions, granting power of attorney through the consulate is one of the safest ways.

Power of Attorney Prepared by a Foreign Notary

If a person cannot go to the Turkish consulate or does not wish to carry out consular procedures in their country of residence, they can have a power of attorney drawn up before a foreign notary. However, in this case, additional procedures are required for the power of attorney to be valid in Türkiye.

According to the Ministry of Foreign Affairs' consular information, for power of attorney documents issued by a foreign notary, an apostille certification must be obtained from the apostille authority in that country; if the country is not a party to the Apostille Convention, consular authentication must be followed.

What is an Apostille and Why is it Required?

An apostille is an authentication system that verifies the signature, seal, and authorised authority information on a foreign official document, allowing it to be used in another country.

The apostille system is based on the Hague Convention of October 5, 1961, and applies only between countries that are parties to this convention. In Türkiye, apostille certification is done by governorships and district governorships for administrative documents, and by the relevant judicial authorities for judicial documents.

Therefore, if the power of attorney has been drawn up by a foreign notary and the country where it was drawn up is a party to the Apostille Convention, the power of attorney must be apostilled.

Is a power of attorney valid in Türkiye without an apostille?

Generally, no. For a power of attorney issued by a foreign notary to be used in Türkiye, its official status must be verified. This verification is often done with an apostille.

If a country is not a party to the Apostille Convention, an apostille cannot be obtained. In this case, the power of attorney must be certified by the relevant country's authorities and the Turkish consulate.

Is translation and notarization required?

Yes. A power of attorney written in a foreign language needs to be translated into Turkish in order to be used in Türkiye. In practice, the process is usually as follows:

• The power of attorney is drawn up in a foreign country.
• An apostille or consular certification is obtained.
• The document is sent to Türkiye.
• It will be translated into Turkish by a sworn translator.
• The translation will be certified by a notary.
• The power of attorney is used within the relevant institution.

The Ministry of Foreign Affairs' information from the Hannover Consulate General also states that documents bearing an apostille can be used in Türkiye after being translated by a notary public.

Which Transactions Require a Special Power of Attorney?

Not every power of attorney is sufficient for every transaction. Some transactions require specific authorization. The text of the power of attorney should be carefully prepared, especially for the following transactions:

• Filing and pursuing divorce proceedings
• Filing a recognition and enforcement lawsuit
• Buying and selling property deeds
• Real estate transfer, mortgage, and sales promise transactions
• Renunciation of inheritance
• Inheritance procedures
• Company formation or share transfer
• Opening or closing a bank account
• Vehicle buying and selling
• Settlement, release, waiver, and acceptance procedures
• Granting a lawyer the authority to file a lawsuit and pursue legal action

For example, a general statement like "Authorized to handle my affairs in Türkiye" may not be sufficient for a property sale or divorce case. The power of attorney must clearly state the transaction to be performed.

Power of Attorney for Property Transactions from Abroad

One of the most common uses of powers of attorney issued abroad is in land registry transactions. Land registry offices pay close attention to the form of the power of attorney and whether it contains specific authorizations.

The General Directorate of Land Registry and Cadastre's guide on powers of attorney issued abroad states that powers of attorney issued by our consulates can be verified via TAKBİS (Land Registry and Cadastre Information System); and that apostille and certification processes are important for powers of attorney issued by notary authorities in foreign countries.

Power of attorney documents for property deeds must clearly specify the powers granted for the sale, purchase, transfer of ownership, collection of payment, establishment or removal of mortgages on the property.

Giving Power of Attorney to a Lawyer from Abroad

Individuals living abroad can appoint a lawyer to represent them in Türkiye to file lawsuits, initiate enforcement proceedings, and handle divorce, inheritance, property, or citizenship matters.

A power of attorney for a lawyer should generally include the following information:

• Identity or passport information of the person granting power of attorney
• Lawyer's name, surname and bar registration information
• Authority to file and pursue legal action
• Special powers such as settlement, release, waiver, and acceptance
• Special powers apply if there are recognition and enforcement, divorce, inheritance, or land registry transactions

A general power of attorney may not be sufficient for transactions such as divorce proceedings, recognition and enforcement of rights, rejection of inheritance, and property sales.

Power of Attorney for Companies Abroad

Foreign companies should exercise greater caution when appointing lawyers, accountants, or representatives in Türkiye. This is because the authority of the person granting the power of attorney to represent the company must be proven.

In this case, the following documents are usually required:

• Company's trade registry certificate
• Document showing the authorized signatory
• Board resolution or authorization document
• Company articles of association
• Power of attorney
• Apostille or consular certification
• Turkish translation and notarization

A missing power of attorney document may lead to the rejection of a transaction in Türkiye.

Most Common Mistakes in Power of Attorney Documents Issued Abroad

In practice, the following are common mistakes made in foreign powers of attorney:

• Sending the power of attorney to Türkiye without obtaining an apostille
• Using only a notary seal instead of an apostille
• Lack of specific authorization in the power of attorney
• Failure to include authorization for the sale of the property in the title deed transaction
• Lack of specific legal authority for divorce proceedings
• Incorrect entry of the person granting power of attorney
• Incomplete lawyer information
• The translation is not notarized
• Failure to prove signing authority in foreign companies
• The power of attorney is not clearly stated for which transaction it will be used

These errors can lead to transaction rejection or significant time loss.

Does a power of attorney have an expiration date?

A power of attorney can be issued for a fixed or indefinite period. In consular practice, if no time limit is specified, the power of attorney is considered valid indefinitely. However, the person granting the power of attorney can limit its validity to a specific period if they wish.

Nevertheless, some institutions may wish to conduct additional checks on older power of attorney documents regarding their currency or revocation status.

How to Cancel a Power of Attorney?

The person granting the power of attorney may revoke it at any time. Revocation can be done through a notary in Türkiye or through a consulate/notary abroad.

However, it is important to notify the agent and relevant institutions of the revocation process. Failure to notify the agent of revocation can create serious risks, especially in land registry, banking, or company transactions.

Conclusion

For a power of attorney issued abroad to be valid in Türkiye, the authority before which it was issued is of great importance. Powers of attorney issued before Turkish consulates can be used directly in Türkiye. Powers of attorney issued by foreign notaries, however, generally require an apostille or consular certification, a Turkish translation, and notarization.

Furthermore, the content of the power of attorney must be appropriate for the transaction to be carried out. For transactions involving property deeds, divorce, inheritance, companies, banks, and litigation, the specific authorizations must be clearly stated. An incomplete or incorrectly prepared power of attorney may prevent transactions from being carried out in Türkiye.

Therefore, before drafting a power of attorney abroad, the transaction to be carried out in Türkiye should be determined, the text of the power of attorney should be prepared accordingly, and the apostille/translation/certification process should be completed thoroughly.