How can Foreigners Issue Power of Attorney in Turkey?

The foreigners who want to have their official and institutional works executed by persons representing them are required to get power of attorney. Issue of power of attorney by foreigners in Turkey is subjected to specific conditions determined in laws and regulations. Depending on the type, scope, duration and other details of the power of attorney, the conditions required for applications of power of attorney could vary. However when general obligations and competencies are in question, the things which foreigners should do to issue power of attorney in Turkey are as follows:

• To make application to the notary public with the valid passport of the state which he/she is a citizen of or the residence certificate.
• To make application to the relevant consulate in the case that it is not possible to make a notary application or preferably.
• To fulfill the condition of sworn translation for the application documents and the process of transaction.
• For applications made with a passport; to append approved transcript produced by a sworn translator to the application file if the passport is not latinized.
• To fulfill the conditions necessary for the persons who want to have a power of attorney issued abroad approved.
• To perform not only sworn translation but also transactions of apostil or certification for approval of power of attorneys issued abroad.

The applicant must appear personally in the notary public office or consulate for delivery of application documents, process tracking and eventuation.

What is a Power of Attorney?

Power of attorney is a certificate of authorization of any other person for transaction to be performed within any limitation or in general terms. Issue of a power of attorney in Turkey by foreigners results in the authorizations and responsibilities borne by any standard power of attorney as well. 

Briefly; individuals may assign others to perform any official, private or institutional transaction for which they are addressed, through power of attorneys. In order those documents to be deemed valid, it is necessary to respect the principles determined in the law and regulation.

The general conditions for the individuals who want to give power of attorney particularly include age limitation. Individuals younger than 18 years cannot assign an attorney through power of attorney. Only a guardian could be assigned for them either through their parents or by the state. The second most important rule for requesting for power of attorney through notary publics or consulates is having good mental health. In certain cases, it may be requested by the authorities that will approve the power of attorney to evidence this competency with a health certificate.

Where is Power of Attorney Used?

The fields of use of power of attorneys may either be limited to the scope of the works desired to be performed or assignment may be done for performing any and all transactions through general power of attorneys. The types of power of attorneys include general power of attorney, power of attorney for purchasing and sales transactions and certificates of inheritance, power of attorney for title deed transactions, power of attorney for companies and company tasks, and power of attorney for divorce suit.

Authorization increase or restriction could be realized by putting additional clauses while issuing any type of power of attorney. For example while issuing a power of attorney for title deed transactions; an annotation that the persons assigned as attorney could only perform purchasing transactions can be made. In this case, the attorney could only perform purchasing transactions for and on behalf of the principal. 

The persons authorized with a power of attorney could perform works in numerous fields for and on behalf of the individuals or entities that they represent. However representation though an attorney is not available in certain official and institutional transactions. Particularly in the case that identity evidence is obligatory, the individuals must make application or transaction personally. In all transactions and authorities where this special condition is not sought; power of attorney for public or private transactions could be used.

Issue of Power of Attorney by Foreigners in Turkey 

The restrictions determined in transactions of power of attorney, conditions for application, scopes and durations of authorization are valid for issue of power of attorney by foreigners in Turkey as is the case in the transactions of power of attorney of the citizens of Republic of Turkey. 

If the necessary conditions are fulfilled, foreign citizens can also assign any other person as their attorneys through documents including general power of attorney, power of attorney for divorce suit, power of attorney for purchasing and sales authorization, and power of attorney for carrying on title deed transactions.

Apart from the general conditions, foreign citizens are subjected to special conditions. In addition to general conditions of issuing a power of attorney for the citizens of Republic of Turkey; foreign citizens are required to fulfill special obligations including sworn transaction, having power of attorneys issued abroad approved and passport translation. The foreigners who fulfill the general and special conditions in conformity with the regulation can have power of attorney issued by means of notary publics or consulates.

You can be informed about all details of the power of attorney transactions and the transactions for the process of application and acceptance through PAC Turkey  and receive information about the consultancy service through the communication channels. 

The foreigners are required to act in conformity of the regulations and laws to which they are subjected for all institutional and official transactions to be performed in Turkey. You can be informed about the requirements in your transactions and manage your application processes more easily benefiting from our consultancy service.