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Power of Attorney Prepared in TurkeyPosted on 2008-11-23 04:43:47What is a Power of Attorney in Turkey? A Power of Attorney is a written authorisation by which one person enables an appointed person to perform specified acts for his/her behalf. The Power of Attorney may be granted (executed) as a general or a limited authority. The scope of the Power of Attorney will define what a court will enforce as being the scope of its authority. Powers of Attorney are useful and required in cases when - You wish your personal or commercial business to be conducted in your absence, when for example, your business is in a different country - You wish your personal or commercial business to be conducted by someone who has more expertise or technical knowledge than you, when for example, you are dealing with a legal matter in connection with purchasing a property in Turkey. - You are alive but unable to look after your financial or legal affairs, for example, if you are in an accident or suffer a serious medical emergency. POWERS OF ATTORNEY PREPARED IN TURKEY The Power of Attorney prepared in Turkey must be correctly executed as a legal document under Turkish law and certified/attested (i.e. notarised by a Turkish notary. Notarial certification by a Turkish notary is proof that a document has been duly executed or duly signed in accordance with Turkish law. Notaries in most cases will require the grantor of the Power of Attorney to sign in their presence to allow them to identify the signatory and witness the signature. If the POA is drawn on behalf of a legal entity such as a company, the notary may also ask to see evidence of the existence of the company and that the person executing the POA is authorised to sign on behalf of such legal entity. TYPES OF TURKISH POWER OF ATTORNEY Turkish Power of Attorney, depending on the authority it grants and the content, can be classified into two groups,. Your Turkish notary will advise you which of the two types of Power of Attorney would be more suitable to you. General Power of Attorney A General Turkish Power of Attorney is used when a person authorises another person with several authorities to perform more than one specified act on his/her behalf, for example authorising more than one attorney for representation at the Court. This type of Power of Attorney is prepared and executed by a Turkish Notary. Special (Specific) Power of Attorney A Special (Specific) Turkish Power of Attorney is used when a person authorises another person with a single (specific) authority to perform one specified act on his/her behalf. Examples of Special (Specific) Turkish Power of Attorney are: divorce, property transactions in Turkey, inheritance, usufructuary (the right to use, but not to own), pensions, money withdrawal, telephone connection, name or age change. In these cases, the authority is specified for a particular act and the Power of Attorney is prepared or attested and executed by a Turkish notary. For non-Turkish nationals, photographs should be added to the Powers of Attorney related with Family Law, Divorce and Property. TURKISH COMPANY FORMATION & REGISTRATION PROXY VOTING COMMERCIAL DOCUMENTS If the Power of Attorney is drawn on behalf of a legal entity such as a company, the notary may also ask to see evidence of the existence of the company and that the person executing the Power of Attorney is authorised to sign on behalf of such legal entity, the signature mandate and identification. Your Turkish notary will advise you if any other relevant documents or instructions would be required for your individual requirements. HOW TO USE A TURKISH POWER OF ATTORNEY IN TURKEY AND THE UK a) Power of Attorney prepared in Turkey for use in Turkey Power of Attorney, prepared as described above and notarised by a Turkish notary, can be used in Turkey without recourse to any other verification of validation. b) Power of Attorney prepared in Turkey for use in the UK If the Power of Attorney executed in Turkey will be used abroad, for example in the UK, it has to be "Legalised" (Apostilled) before it can be accepted by the UK or an overseas authority. This legalisation (also referred to as "Apostille", the legal term for the legalisation certificate) is the official confirmation for the document to can be accepted in a country other than Turkey. Apostille legalisation is accepted in countries, including Turkey and the UK, which have signed the 1961 Hague Convention. To see the full list of countries party to this Convention, click here. Countries not listed will often still require an Apostille but will also need further legalisation via their embassy. Contact Us for advise on this matter. Step-1: Notarisation The Power of Attorney prepared in Turkey for use in the UK must first be notarised by a Turkish notary as described in section a) above. Step-2: Legalisation (Apostille) The notarised Power of Attorney must be verified (legalised) either by a competent Turkish authority as listed below or by the British Embassy or the British Consulate in Turkey. 2.i) Legalisation (Apostille) by a Turkish Authority For administrative documents - In provinces; by the Province Governor (Vali) - In districts: by the Head of District (Kaymakam) For judicial documents: High Courts Your notary will advise you which of the above authorities will be the relevant authority in your case. 2.ii) Legalisation (Apostille) by the British Embassy or Consulate Notarised Power of Attorney can also be Legalised (apostilled) by the British diplomatic mission in Turkey. For contact details of the British Embassy and Consulate in Turkey click here TRANSLATION OF A TURKISH POWER OF ATTORNEY INTO ENGLISH If you need English translation of a Power of Attorney executed in Turkey and its apostille: - If the translation is to be done in Turkey: the translation of the Power of Attorney and the translation of the apostille must be done by a sworn translator registered at a Turkish Notary and the translations notarised by a Turkish notary. (Turkish notaries usually work with a sworn translator.) - If the translation is to be done in the UK: the translation must be notarised and apostilled in the UK If you have further enquiries about Powers of Attorney, contact us at info@propertyturkeyforsale.com or call us on + 44 (0)20 8349 8090 |
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