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Power of Attorney in Turkey

Power of attorney in Turkey

Updated on Tuesday 05th March 2019

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The power of attorney is an official document through which a person, called a principal, authorizes another person, called an agent, to complete certain legal activities on his or her behalf. In Turkey, most of the times, lawyers are granted powers of attorney to represent local and foreign citizens in various legal matters. 

Whenever you need to close a deal in Turkey, but you can’t go in person there, you can give the power of attorney to a person you trust and who can go there and represent you. The legal procedure for power of attorney is very simple and you can proceed it in your country of residence, at a public notary.

There you will get a written authorization which enables a person to act on behalf of you in a certain activity. This document may be useful when you want to open a company and you can’t go to Turkey in order to take care of the formalities. Our Turkish lawyers can handle the legal procedure.

It is also possible to appoint a close person to act an as agent on behalf of the donor, however, these cases are rare in Turkey.

You can grant our Turkish lawyers a power of attorney if you need representation in various legal matters.

Types of powers of attorney in Turkey

There are two types of powers of attorney recognized by the Turkish Civil Code. These are:

  • -          the general power of attorney;
  • -          the special or specific power of attorney.

The main characteristics of powers of attorney in Turkey are:

  • -          the general power of attorney is issued for completing more than one tasks by the agent;
  • -          the special power of attorney is issued for a specific task only and ceases once the task is completed;
  • -          powers of attorney are drafted by public notaries in Turkey based on a minimum number of documents;
  • -          powers of attorney have wide use in Turkey, which is why they are easy to obtain.

 

Our law firm in Turkey can be entrusted with a power of attorney by a foreign investor who wants to open a company in this country. One of our lawyers will act on behalf of the investor during the registration of the business.

What are powers of attorney granted for in Turkey?

There are many situations in which a power of attorney can be granted in Turkey, among these:

  • -          for various real estate transactions, such as buying, selling or even renting properties;
  • -          for opening a company in Turkey – this way the incorporation procedure is completed much faster;
  • -          for representation in various legal cases related to the Civil Law, such as divorce or child custody;
  • -          for making investments, for completing banking transactions or handling various tax matters.

 

If you are a foreign investor and you are interested in a certain action which requires a power of attorney, one of our Turkish lawyers can represent you before the authorities.

How to grant a power of attorney in Turkey and abroad

No matter if the grantor is a Turkish or a foreign citizen, the same procedure must be completed when granting a power of attorney, and that is:

  • -          the grantor must go to a public notary in the Turkish city he/she lives in;
  • -          if the power of attorney is granted for use abroad, it must also be translated and apostilled;
  • -          the power of attorney can also be drafted at the Turkish Embassy or Consulate in a foreign country;
  • -          the documents which need to be presented when drafting a power of attorney are the ID or valid passport of the principal and a copy of the ID or passport of the person to be appointed as an agent.

 

If the document needs to be translated, the grantor must also be accompanied by a sworn translator.

Our Turkish lawyers can help foreign investors who need to grant powers of attorney for various purposes.

The power of attorney granted to a lawyer in Turkey

As mentioned earlier, it is very common to grant a power of attorney to local lawyers because they can complete various actions on behalf of clients, no matter if a court representation is needed or not.

If you choose to grant a power of attorney to one of our Turkish lawyers, for example, we can complete a wide range of legal actions on your behalf. We can help in real estate transaction matters, such as the purchase or sale of a property. We can act on your behalf no matter if you are the buyer or the seller. We can also help with other types of transactions, such as buying or selling cars.

We can also help if you want to open a business in Turkey: the power of attorney will be used for drafting the documents need for registration, filing these documents with the Trade Register and tax registration.

The general or limited authority of a power of attorney

A foreign investor can offer general or limited authority to a person who will act on behalf of him, sign different documents, obtain the necessary documents for a business activity or follow different procedures in order to achieve a certain goal. If you need someone else to manage your business, you can choose a person you trust, with sufficient experience and who is available to travel abroad and then you should give him the power of attorney.

This type of document is very common in Turkey and it is a simple procedure to give the power of attorney to a person who will open a company on behalf of you and who will follow the procedure of incorporation. You can give the power of attorney to almost any person who is 18 years old or older to represent you in a certain situation for which is not necessarily certain expertise. For legal situations, as the representation in a court of law, you can give the power of attorney only to a lawyer who is licensed to act on behalf of you in front of a court.

Exceptions when granting power of attorney

You can’t give the power of attorney to a person to represent you in any situation, for special issues the law forbids this kind of representation. If you need more details about these exceptions, you should ask a public notary who knows the Turkish regulations. When the document for power of attorney is to be signed, you must be in front of the public notary and you can’t let another person represent you.

The person who will receive the power of attorney doesn’t have to be there. The power of attorney can be signed at a Turkish consulate or embassy abroad or a public notary abroad, action the act will be apostilled according to the Hague Convention. The documents will be translated then into Turkish in order to be used in this country.

If you need a lawyer for legal services you should check if he is member of the local Lawyer’s Barr Association and if he can represent you in front of the court.

How to revoke a power of attorney in Turkey

Turkish powers of attorney can be concluded for a limited or unlimited period of time. Those created for a limited period of time will end automatically upon the expiration of the date, however, it is also possible to cancel it earlier, if the grantor wants to or if the task it was issued for was resolved at an earlier date. Unlimited powers of attorney can be revoked anytime the grantor wishes.

The cancellation of the power of attorney is very simple and will occur at the same notary office it was drafted with. You will need the power of attorney or you must know the date it was created at in order to cancel it.

When you need more information or assistance for giving the power of attorney to another person, you can call our lawyers in Turkey.  You can also rely on us if you need representation in opening a company in Turkey.