Both official and unofficial procedures and transactions, whether in government agencies or legally operating private sectors in various fields, require the personal presence of the person involved. This is based on legislation widely applied in most countries around the world, with the aim of avoiding any legal issues related to identity theft and manipulation.

However, the person in charge may find themselves unable to attend and transact directly for various reasons. Therefore, legislative and legal systems have introduced the legal power of attorney system, which grants other individuals the right to represent the person or entity in question, with prior special permission from the individual or institution.

In this article, we will explain the details of agencies in Türkiye according to the following table of contents:

What is agency in Türkiye and what does it mean?

Types of agencies in Türkiye:

Requirements and conditions for issuing agencies in the Republic of Turkey:

How to obtain a power of attorney in Türkiye:

How to issue a power of attorney for use within Türkiye for expatriates abroad:

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What is agency in Türkiye and what does it mean?

A power of attorney (POA) is a legal document and authorization granting a person, entity, or several persons (agent) the right to dispose of, buy, or sell on behalf of another person, entity, or several persons (principal). The agent may have broad or limited powers, which must be clearly and precisely stated in the POA. A POA is used in cases of illness, disability, preoccupation, or the principal's unwillingness to be present in person to conduct the transactions specified in the POA. The POA is issued at notary offices within the Turkish Republic or at the notary public department of Turkish embassies and consulates abroad. One of the most commonly used POAs is the property purchase power of attorney, which is granted to credible and trustworthy real estate companies, individuals, or lawyers to carry out title deed transfer procedures and facilitate related transactions, including electricity, water, internet, and natural gas services, and to contact municipalities and housing title deed directorates, if necessary.

Types of agencies in Türkiye:

There are several types of powers of attorney in Türkiye, varying depending on their purpose and the powers the principal wishes to grant the agent. Some of the most commonly used are:

1- Special agency:

It specifies the powers that will be granted to the agent and the entities in which this agency can be used, for example, the agency for transferring ownership of a property in the name of a specific person. A specific validity period can be specified, for example, one month, and where it can be used can be specified, for example, the Land Registry Directorate in Al-Fateh. This agency expires after its use or after the expiry of the specified validity period of one month.

2- Public Litigation Agency:

It is a power of attorney that authorizes the legal representative or attorney to file and follow up lawsuits on behalf of the agent. The power of attorney can include signing on behalf of the agent and delivering and receiving money. These powers of attorney are issued if the person is a foreigner and is ignorant of the laws and is unable to follow up on the procedures or does not have the time to do so. Caution must be exercised when granting this type of power of attorney, as the person must be highly trustworthy and credible. Unfortunately, many fraud cases sometimes occur under this type of power of attorney.

3- Agencies are not limited by an expiration date:

They are granted to individuals or entities, such as companies, without a specified expiration date unless the agency is revoked or cancelled. We also emphasize the need to grant power of attorney only to trustworthy individuals who enjoy high credibility. This type of agency often includes agencies for managing real estate assets, including leasing and management.

4- Conditional agency or agency linked to a specific condition:

It is almost a normal agency, but it is linked to a specific condition to become effective, which may be disability or death. It is somewhat similar to a will, but it is not a will, for example, disposing of movable and immovable property in a specific country or Türkiye, after fulfilling the condition mentioned previously. We also note the necessity for the representative to be very trustworthy and to be chosen carefully.

Requirements and conditions for issuing agencies in the Republic of Turkey:

1- The person must have reached the age of eighteen (and if the client is a minor, his guardians, namely the father and mother, can act as an agent on his behalf)

2- To hold a foreign passport valid for at least 3 months, or a Turkish citizen holding a Turkish ID card or a temporary protection kimlik from the same city in which the power of attorney is issued, meaning an Istanbul kimlik and notary in Istanbul, or a kimlik from another state with a travel permit to the state in which the power of attorney is issued.

3- The foreigner must have a translated copy duly certified by a notary public.

4- Some agencies require recent personal photos with a white background, especially those related to real estate, whether buying, selling, or managing.

5- If the foreigner does not have a valid residence permit in Türkiye, the power of attorney procedure requires a tax number issued by the Tax Department.

6- If the person is elderly (over 65 years old) or suffers from a terminal illness, a medical report from a government hospital is required to assess their mental state. If they are approaching 65, the notary public has the right to ask them several questions to verify their mental state.

7- If the foreign citizen does not speak Turkish, he will need a sworn legal translator exclusively.

Spectrum Türkiye Services has years of experience in certified and legal translation. We offer you all the necessary facilities and procedures at notary offices in Türkiye.

How to obtain a power of attorney in Türkiye:

In Turkey, you can go to a notary public without a prior appointment (please note that the required procedure may take longer than usual depending on the number of applications and the capacity of the notary public). For non-Turkish speaking foreigners, you will need a certified translator to translate documents such as your passport into Turkish and to translate the contents of the power of attorney orally before signing it.

Some powers of attorney require the presence of both parties, the agent and the client, while others require the presence of the client without the need for an agent. A copy of the agent's ID card, if he is a Turkish citizen, or his information if he is a lawyer, or a copy of his passport and residence permit if he is a foreigner residing in Türkiye, is sufficient.

Spectrum Turkey Services advises you to prepare a draft of the power of attorney in your native language, including important points to note and points not to include to facilitate the notary public's procedures. It is important to pay attention to the clauses included in the power of attorney, as it is a legal document and must be relied upon. There is no other legal alternative to a legal power of attorney in Turkey.

If the client is an individual, the notary public has the right to verify the individual's documents and verify their identity. If the client is an entity, such as a company, the notary requests documents proving that the individual is the legal representative of the company and has the authority to take the requested action.

How to issue a power of attorney for use within Türkiye for expatriates abroad:

There are three ways to make an effective power of attorney within Türkiye:

1- Visit the Turkish diplomatic missions, whether an embassy or consulate in your country of residence, and go directly to the notary public's office to issue a power of attorney. This is the best, simplest, and least expensive option.

2- Countries that are part of the Apostille Agreement: Go to the notary public office or their representative in the country in which you reside and complete the required power of attorney. Then, have it authenticated by Apostille and sent to Türkiye.

3- Countries outside the Apostille Agreement: The power of attorney is issued through the relevant departments, such as a notary public, real estate registry office, or notary public, depending on the country and title. It is then authenticated by the Ministry of Justice, followed by the Ministry of Foreign Affairs. It is translated into Turkish and authenticated by the Turkish embassy in the country.

Tayf Turkey Services is your gateway to a comprehensive world of services in one place. At Tayf Turkey, we offer all services related to certified and legal translation, as well as handling all notary procedures. With extensive experience in services and translation since 2014, we are honored to provide you with distinguished service. Quality and credibility are always our hallmarks.

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