Vekâletname – Power of Attorney for Turkey
When you need a legal matter to be handled in your absence, you (the “Principal”) must give someone (the “Agent”) the power of attorney (POA) authorizing him/her to represent you before the third parties. The POAs meant for Turkey have to be prepared in accordance with the Turkish authorities’ requirements, skillfully drawn by the Notary Public, notarized and legalized by an Apostille to be valid and recognized by the related authority.
1. What the Principal (you) need for a Notarial Power of Attorney
– Original U.S passport (translated into Turkish) or Turkish ID-card (Türkiye Cumhuriyeti Kimlik Kartı or Türkiye Cumhuriyeti Nüfus Cüzdanı)
– Certified translation of your American passport
– Turkish tax number or Yabancı kimlik number
– Two passport-sized photos if you give POA for selling a property or a vehicle, for any transaction at the Tapu (Land Registry) office and for handling divorce proceedings.
2. Agent
Your agent (the person whom you are to appoint to act on your behalf) does not need to be at the notary office in person. However, you must bring a photocopy of his/her ID document or (if it is a Turkish citizen) the Turkish ID number is sufficient. If your agent is a foreign citizen, you have to provide the Notary with the person’s full name, personal ID document number, nationality, place and date of birth and place of residence. In some cases, you can give the POA to more than one person. Sometimes you may even be asked to give power of attorney to all employees of a certain company. Needless to say, no matter to whom you are giving the Power of Attorney, it shall be granted only to person (s) you know very well and whom you trust.
3. Notary drawing the content of the POA.
There are different types of POAs: Durable, Limited, Special, For Property Sale, For Court Representation, For Representation in Divorce Proceedings, etc. and various categories: revocable, irrevocable, transferable, non-transferable etc. etc. etc. Depending of you needs and personal situation, a notary, using the personal data provided by you and specifics of the matter you need to be represented in by an attorney-in-fact, will compose the legal document taking into consideration all your concerns. Most of the notaries have a large range of standard texts on their electronic databases for all situations where a POA is needed. However, the standard contents are often modified and altered because the personal circumstances are different. Every power you are to grant your agent shall be described in particulars. Omitting even a small thing may result in unacceptance the Vekâletname by the Turkish authorities. The reason is the Turkish legal system, which necessitates that every single power is mentioned.
4. Signing the Vekâletname
Even if the Notary knows well what he/she is doing when drawing the document for you, and had in-depth knowledge of the Turkish legal requirements, you still have read carefully the final content of the POA. We strongly recommend that you discuss the document with the notary and add or take away from the Power of Attorney the portions that you are not comfortable with. Remember: only sign a Vekâletname if you are 100 % sure you have understood the content and agree with everything what is in it.
5. Using in the Republic of Turkey a POA drawn in the U.S.
Turkey is a party to the Hague Apostille Convention and any official document destined for this country requires an Apostille from the Secretary of State is you are unable to get the document legalized in the Consulate of Turkey.
Therefore, to ensure that the text of the POA will be accepted in Turkey, you shall authenticate notary’s signature and obtain an Apostille on the document. Also, it is advisable to get the document drawn in both language, English and Turkish, enclose your photo sealed by the notary, a notarized (and translated into Turkish language if necessary) the photocopy of you ID or passport and legalized by the Department of State. Please note, that every single document or enclosure, including authentication slip and Apostille Certificate, shall be translated into Turkish language. After the below said steps are completed, the Notary usually binds in proper sequence all the pages of the document together and seal the entire package with his/her seal.
Considering the said, when it comes to preparing a POA for Turkey, it is important that a notary in the USA whom you decide to work with, to be at ease with the International Law on Notarial documents exchange, the Notarial Law of the Republic of Turkey, have comprehensive knowledge of legal wording and vast experience in Notarial Acts writing. If you are not sure if a notary meets the said requirements, keep looking for the one who does. Mistakes, blunders, lack of knowledge or ignorance of both laws – the International Law and the Turkish Law on International Document Exchange, is no excuse and may cost you a fortune – Imperitia pro culpa habetur.
If you have any questions regarding the article, need a Power of Attorney for Turkey, intend to get married in Turkey and wonder what documents you have to collect and how to prepare them, file for a dual citizenship for your child and must submit the apostilled U.S. birth certificate or marriage certificate with the Turkish Consulate, plan to relocate to Turkey because of personal matters of employment opportunities and need FBI Background check or Police Clearance Certificate apostilled for Turkey, need a document to be translated into Turkish language, let us know. We’ll provide you with all information you are looking for.