Are Powers of Attorney Issued Abroad Valid in Türkiye?

Can transactions be carried out without travelling to Türkiye?

A foreign national wishing to sell their home in Türkiye, handle inheritance matters or send a representative to a company meeting may be abroad when the transaction takes place. Many transactions can be carried out through a representative. The power of attorney must be prepared appropriately, taking into account both the issuing authority and its intended use in Türkiye. Signing the document before a foreign notary does not, by itself, mean that every institution will accept it.

A power of attorney sets out the acts that a person may perform on someone else’s behalf. A notary is an authorised official who verifies identity and signatures and formally records legal acts. Notarial formalities abroad may differ from those in Türkiye. When reviewing the document, its origin, authentication, Turkish translation and the powers granted are considered together. A power of attorney also does not allow a representative to perform acts that must be undertaken personally. For example, a person wishing to marry cannot send a representative to appear before the marriage registrar in their place.

Can foreign nationals grant a power of attorney at a Turkish consulate?

Turkish consulates are overseas missions that perform consular functions and certain notarial acts on behalf of Türkiye. Article 191 of the Turkish Notaries Act No. 1512 assigns notarial functions abroad to consuls. Foreign individuals may also have a power of attorney drawn up at a Turkish consulate for use in Türkiye. The document is prepared in Turkish. A person who does not speak Turkish must be assisted by a sworn translator (yeminli tercüman) accepted by the mission. An identity document, its certified Turkish translation where required, and any transaction-specific documents should be prepared before the application.

A power of attorney drawn up by a Turkish consulate does not require an additional apostille from the foreign country. However, it must still contain the powers required for the intended transaction. The applicant should obtain the property details or the representative’s identity details in advance. The guidance of the Ministry of Foreign Affairs (Dışişleri Bakanlığı) treats companies incorporated abroad separately. Turkish overseas missions do not draw up powers of attorney on behalf of companies incorporated under foreign law. These companies must have their documents prepared through the competent authorities in their country of incorporation. The authority of the person signing on the company’s behalf must also be documented.

What is an apostille, and does every foreign power of attorney require one?

An apostille is a certificate authenticating the official signature on a document, the capacity in which the signatory acted and, where applicable, the seal or stamp. Its legal basis is the Convention of 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. The Convention must apply between Türkiye and the country where the document was issued. The apostille is issued by the competent authority in that country. Authentication of signatures and seals by a Turkish consulate is a separate procedure.

An apostille may not be required if an applicable exemption from authentication exists between the two countries. Where the Convention does not apply, a chain of authentication through the competent authorities of the country concerned and the Turkish overseas mission may be required. Establishing only that a country has joined the Convention is insufficient. Its entry into force and applicability in relations with Türkiye must also be checked.

An apostille does not add powers that are absent from the power of attorney. Nor does it bring the document’s contents into compliance with Turkish law. For example, wording that grants insufficient authority to sell real estate does not automatically become sufficient once an apostille is obtained. Equally, an apostille does not replace a translation. Authentication and the substance of the transaction must therefore be examined separately.

At what stage should the Turkish translation be prepared?

A power of attorney in a foreign language requires a Turkish translation suitable for use in Türkiye. In the usual procedure involving a foreign notary, the power of attorney is first drawn up and the required apostille or other authentication is obtained. The entire document, including the authentication certificates, is then translated. Translation by a sworn translator followed by notarial certification in Türkiye is among the methods used for this purpose. The conditions for accepting a translation prepared abroad must be assessed separately, depending on the receiving institution and the authentication procedure.

Article 223 of the Turkish Code of Civil Procedure No. 6100 (HMK) requires a party relying on a foreign-language document to submit its translation to the court as well. The court may also require an official translation. The same translation requirements should therefore not be assumed to apply to every case. The name, surname and other identity details in the passport are also checked against the power of attorney. A surname change following marriage or transliteration from a different alphabet may require additional identity documentation. Translation should not be used to correct an error in the identity details in the original document.

If a power of attorney consists of several pages, the connection between the text and the authentication pages must be preserved. It must be clear which document an apostille on a separate page relates to. Signatures, seals and attachments must be legible. Sending only the page containing the powers granted may be insufficient for translation. Additions made by unauthorised persons after the document has been issued may also cause problems with acceptance. Deficiencies must be remedied before an authority empowered to draw up or correct the document.

Why are powers of attorney checked separately for land registry transactions?

A land registry office (tapu müdürlüğü) is the institution that records ownership of real estate and related rights in the official register. Article 89 of the Notaries Act requires powers of attorney for transactions at the land registry to be drawn up as authentic instruments (düzenleme şekli). This differs from merely certifying the signature beneath a prepared text. It means that the document must be drawn up by the competent authority using the required procedure. Certification of the signature alone by a foreign authority may be insufficient for a land registry transaction in Türkiye.

The guidance of the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Genel Müdürlüğü, TKGM) on powers of attorney issued abroad sets out specific requirements for these documents. For an individual’s power of attorney for land registry transactions, the photograph, identity verification, signature, seal and wording of the powers granted are checked together. Authentication of the photograph also forms part of the review. An apostille does not replace these requirements. Sale, purchase, mortgage and gift are distinct transactions. The text must clearly identify which of them is authorised. If authority is to be limited to a particular property, that limit may be defined by reference to the land registry details. Reviewing the draft before signature reduces the likelihood that the document will need to be drawn up again.

Is a general power of attorney sufficient for litigation and company transactions?

Describing a document as a general power of attorney does not mean that the representative may perform every act. Article 74 of the HMK requires express authority for certain acts. These include settling a dispute and waiving a claim or the right to seek review through available legal remedies. The relevant authority must also be expressly stated in proceedings concerning strictly personal rights (kişiye sıkı sıkıya bağlı haklar), such as divorce. Authority to bring proceedings should not be treated as having the same scope as authority to end the dispute by agreement with the other party.

For company transactions, it is necessary to establish whether the party being represented is a shareholder or the company itself. A foreign shareholder may appoint a representative to attend the general meeting in respect of their shares. Signing a contract on behalf of the company, however, depends on the company’s rules on representation. Being a shareholder does not, by itself, mean that a person is authorised to represent the company alone. If a power of attorney is granted on behalf of the company, a registry record or other documents evidencing the signatory’s authority may be required. Before the transaction, the identity and authority of the person granting the powers must be checked, alongside the document’s translation and authentication.

How can an incomplete document affect a transaction or court proceedings?

Article 224 of the HMK governs the authentication of foreign public documents, subject to the provisions of international conventions. The decision of the Court of Cassation (Yargıtay), Civil Chamber 2, dated 05.04.2021, case no. 2021/1896 and decision no. 2021/2662, illustrates the effect of defective authority to act in proceedings. The Chamber held that service on the representative was invalid because the foreign power of attorney under review lacked an apostille. It quashed the judgment because the defendant’s right to present a defence had been restricted. This decision shows that a failure to obtain the required authentication may also affect the outcome of proceedings.

A document authorising representation at a company’s general meeting is assessed together with the relevant company rules. In its decision dated 15.10.2025, case no. 2025/1493 and decision no. 2025/6272, Civil Chamber 11 of the Court of Cassation upheld a judgment of annulment. The judgment upheld did not treat the absence of an apostille on the particular power of attorney for the general meeting as sufficient, on its own, to invalidate the document. It considered the representative’s exclusion from the meeting and its effect on the resolutions. This finding does not mean that a document without an apostille will also be accepted by a land registry office or a court. Where the document is used, and for which transaction, may change the outcome.

Must the original document be sent, and should the authority be limited?

A scanned document can be used for a preliminary review before the transaction. However, an email attachment does not replace the required original or a duly issued copy for every transaction. The TKGM instruction dated 08.12.2025 states that originals of powers of attorney drawn up under foreign law will continue to be retained in the land registry archives. The instruction gives as its reason the inability to verify these documents through the systems of the Union of Turkish Notaries (Türkiye Noterler Birliği). If several transactions are planned, the number of originals and copies needed should be determined before the document is drawn up.

The authority granted may be limited to the required transaction and, where considered appropriate, to a specified period. Authority to receive the sale proceeds, conduct banking transactions and appoint another representative should be considered separately. Completion of the transaction should not be assumed to terminate the document automatically for every purpose. If the authority is to be withdrawn, revocation of the representative’s authority (azil) and notification of the relevant persons should be addressed together. Revocation means terminating the representative’s appointment. Details of the issuing authority, the document’s date and its transaction number should be retained. This information can be used to verify authority both during the transaction and afterwards.

Preparation should begin by identifying the institution where the document will be used and the transaction to be carried out. The necessary powers are then determined, an appropriate route for drawing up the document is selected, and the authentication requirements are checked. Translation and delivery of the document to Türkiye are planned afterwards. A copy of every page of the signed document should also be retained. Following this sequence helps prevent an application being made with a power of attorney that has been apostilled but is unsuitable for the intended transaction.

Frequently Asked Questions