A Power of Attorney (PoA) is a formal legal document that allows a person (the principal) to authorize another person (the agent or attorney-in-fact) to act on their behalf in a variety of legal and administrative matters. In Turkey, PoAs are heavily relied upon by foreign nationals, businesses, real estate investors, and litigants to conduct transactions without needing to be physically present.
At ER&GUN&ER Law Firm, we provide professional support for the drafting, notarization, validation, and usage of PoAs in a wide range of legal contexts. Our English Speaking Turkish Lawyers advise foreign individuals and companies on how to appoint legal representatives for court proceedings, property sales, inheritance matters, business registration, and more. As the best lawyer firm in Turkey for legal representation, we ensure that your Power of Attorney is properly prepared and recognized by all relevant Turkish authorities.
What Is a Power of Attorney Under Turkish Law?
In Turkish legal practice, a PoA is regulated under the Turkish Civil Code (Law No. 4721) and the Turkish Code of Obligations (Law No. 6098). It can be issued for general or specific purposes and must be executed in writing with notarization unless otherwise permitted by law. A PoA creates a legal bond between the principal and agent, enabling the agent to act with binding legal authority within the limits described in the document.
Examples of common uses of a PoA in Turkey include:
- Purchasing or selling real estate
- Opening a bank account or obtaining tax numbers
- Filing a lawsuit or attending hearings
- Registering a company or making changes at the trade registry
- Managing immigration procedures or residence permit applications
Our Turkish Law Firm ensures that each PoA is tailored to your specific objective and valid before the intended authority (land registry, tax office, court, etc.)
Types of Power of Attorney in Turkey
There are several classifications of PoAs in Turkish law, depending on their scope and purpose:
- General Power of Attorney: Grants broad authority over multiple legal matters, including property, banking, and litigation
- Special (Limited) Power of Attorney: Authorizes the agent to perform a specific act, such as signing a real estate sale contract
- Notarized PoA: Prepared before a Turkish notary, which is legally required for most official uses
- Consular PoA: Issued abroad through a Turkish consulate or foreign notary with apostille/legalization
- Litigation PoA: Used to authorize a lawyer for representation before Turkish courts (subject to Bar Association forms)
As English Speaking Turkish Lawyers, we explain the pros and cons of each type and prepare dual-language documents to prevent miscommunication or rejection by institutions.
How to Issue a Valid PoA in Turkey
To be recognized by public institutions, your Power of Attorney in Turkey must meet certain legal standards:
- Prepared and signed before a notary public in Turkey or a Turkish consulate abroad
- Include specific, clear, and legally appropriate language for the action authorized
- Be signed by the principal (or their guardian/authorized agent)
- Include the ID details and contact information of both parties
- If executed abroad, include apostille or consular legalization
Our Turkish Law Firm drafts and notarizes PoAs locally or remotely, ensuring that your authority is fully enforceable by the target institutions in Turkey.
Issuing a Power of Attorney from Abroad
Foreign nationals who cannot travel to Turkey can still execute a valid Power of Attorney for use in Turkey by either:
- Visiting a Turkish consulate abroad and signing the PoA before consular officers
- Using a local notary in their home country and attaching an apostille (if the country is a party to the Hague Convention)
- Submitting a legalized document via the Turkish Embassy (in non-apostille jurisdictions)
Once the PoA is issued, it must be translated into Turkish by a sworn translator and notarized before being used before Turkish institutions. Our English Speaking Turkish Lawyers coordinate the entire cross-border process, including template preparation, translation management, and acceptance confirmation from notaries and registries.
Use of PoA in Real Estate Transactions in Turkey
Foreigners commonly use PoA in property transactions in Turkey, particularly when purchasing off-plan real estate, selling property remotely, or assigning agents for title deed transfer. The Turkish Land Registry requires:
- A notarized or consular PoA that explicitly authorizes real estate transactions
- Mention of the right to represent before the Tapu Müdürlüğü (Land Registry Office)
- Inclusion of authority to accept funds, declare values, and sign tax statements
Our Turkish Law Firm prepares detailed PoAs that prevent rejection by Tapu officers and ensure secure transaction completion. We also act as authorized legal representatives during the entire process, providing document transparency and buyer protection.
PoA in Company Formation and Commercial Transactions
A properly structured PoA is essential for company registration in Turkey if the foreign shareholder cannot be present. The Trade Registry requires:
- Original notarized PoA with apostille or consular stamp
- Authorization to act in incorporation, tax registration, and bank account setup
- Representation for signing the Articles of Association and trade chamber filing
We routinely draft PoAs for foreign directors and investors to establish LLCs, joint-stock companies, and branch offices without the need to travel. We also structure PoAs to protect from abuse by limiting scope, duration, and renewal rights.
Revoking or Canceling a Power of Attorney
Under Turkish law, a PoA can be revoked unilaterally at any time by the principal unless the document states otherwise. The revocation must be:
- Made in writing and signed by the principal
- Notarized and formally served to the agent
- Notified to any third party relying on the original PoA (banks, land registry, etc.)
Our English Speaking Turkish Lawyers assist in revocation notices, prevent unauthorized usage after cancellation, and notify public institutions and commercial registries of the change to block further action under the old authority.
Risks and Legal Protections in Using a Power of Attorney
While PoAs provide convenience and flexibility, misuse can lead to significant legal and financial consequences. Common risks include:
- Agents acting beyond their authority
- Fraudulent sales or unauthorized withdrawals
- Conflicts of interest or undisclosed self-dealing
- Use of outdated or revoked PoAs
Our Turkish Law Firm mitigates these risks by drafting clear limitations, recommending specific rather than general PoAs, and advising on use of multiple agents or witness clauses where necessary.
FAQ: Power of Attorney Usage in Turkey
- Q1: Can I buy property in Turkey with a PoA?
Yes. As long as the PoA is properly worded and notarized, real estate purchases can be made entirely via PoA. - Q2: Is a PoA issued abroad valid in Turkey?
Yes, if it is apostilled or consularized and translated into Turkish. - Q3: Can I revoke a PoA at any time?
Yes, unless it is irrevocable by contract. Written and notarized revocation is required. - Q4: Can one PoA be used for multiple transactions?
Yes, if it is a general PoA and the authority is clearly listed. Special PoAs are limited in scope. - Q5: Is a Turkish notary required?
Yes, for most uses in Turkey. Foreign-issued PoAs must be translated and notarized locally before use. - Q6: What if I lose my PoA document?
Only notarized copies are accepted. A new PoA may be required for safety. - Q7: Can I appoint more than one person?
Yes. You may appoint multiple agents and even require joint signature or mutual consent. - Q8: Is a PoA valid indefinitely?
Yes, unless a time limit is specified. However, revocation is always possible. - Q9: Can I use PoA for court representation?
Yes. A separate litigation PoA is used, with Bar Association format requirements. - Q10: How can a Turkish Law Firm assist?
We prepare the PoA, have it notarized, ensure it is accepted by the target authority, and act as your legal representative as needed.
Secure Legal Transactions in Turkey with a Power of Attorney Prepared by a Turkish Law Firm
Whether you are investing in Turkish real estate, opening a company, entering litigation, or managing inheritance matters, a properly structured Power of Attorney in Turkey is an indispensable tool. It allows you to act efficiently, reduce travel expenses, and protect your legal interests without being physically present.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers prepare customized PoAs in English and Turkish, explain their scope and implications clearly, and act on your behalf with professionalism and transparency. As the best lawyer firm in Turkey for power of attorney services, we ensure your rights are secured across all legal, commercial, and administrative matters.