Turkey's General Directorate of Land Registers Department of Foreign Affairs recently clarified form and process requirements for power of attorneys used during land registry transactions in Turkey, which are issued in another country.
A letter was circulated on 20 March 2017, stating that a circular number 1767 (2015/5), dated 11 August 2015, should be taken as the basis for requirements sought by land registries during the land registry transactions in Turkey, to approve duly authorization of the proxy holder if the power of attorney is issued abroad.
Accordingly, power of attorneys must meet the following criteria if it is not issued by the Turkish Consulate in the relevant country:
- Be prepared by the notary public in the statutory form.
- Be in the language of the issuing country, and bear the photograph of the proxy giver.
- Carry an apostille if the issuing country is a party to The Hague Convention Abolishing the Requirement of Legalisation For Foreign Public Documents. Otherwise, the issuing notary's signature must be approved by the affiliated authority, then certified by the Turkish Consulate in the issuing country.
- Include authorization to carry out the specific transaction before the land registry.
- Be translated and notarized in Turkey.
The proxy giver's photograph must bear the seal and/or embossed seal of the issuing authority, or officer. If the issuing authority or officer is not entitled to use a seal, the photograph must be certified with the stamp or the signature.
Please see this link for the full text of the Circular (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.
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