Power of Attorney

Power of Attorney (POA) is an official document which gives someone the authority to represent another person’s behalf in legal issues. To issue a power of attorney to anybody means within the law that You may act on behalf of me for these powers. POA helps you with many legal and official transactions when you intend to buy a property in Turkey.  If you wish to complete the property buying process from your home country, it will be necessary to grant your solicitor power of attorney. The process generally lasts a couple of hours, and the attorney does not need to be exists right there while issuing a POA. The power of attorney will cost approximately 600-700 TL. Sometimes you might need the proxy's ID details, your photo and passport. Also, foreign buyers who do not speak Turkish need to have a sworn translator who registered to the notary office. You should know that some POA documents are only valid with photos in Turkey. It is good to ask your local notary about attaching your photograph to your POA or not. If you give POA in a Turkish notary, our team will handle about these issues for you.

AKD Invest advises giving a power of attorney only to registered and certified solicitors or professional real estate agents. Additionally, you should be careful about giving a POA for only the powers that your attorney needs for a limited time. AKD Invest strongly advises you not to issue a general POA that contains full authority. Your POA includes the authority to buy a property on your behalf or provide electric and water connections. In such situations, the POA has only the required powers. Turkish notaries generally have sworn translators next to the notary offices who might come there instantly. To add, each Turkish Embassy and Consulate act also as a notary abroad with an appointment.

 

A Sample Power of Attorney Form

Here is an example of a Power of Attorney in Turkey that authorizes AKD Invest to buy property in Turkey and get water and electric connection on your behalf below.

I, the undersigned representative of İSTANBUL 22th NOTARY PUBLIC FUAT B.............., authorized signatory Head Clerk YUSUF…, was approached by (CUSTOMER NAME) while carrying out my duties at FATİH MAH. BULVAR CADDESİ, NO: 95/3 BEYLIKDUZU/ İSTANBUL, who presented his / her (................... details of identification presented.........................), who verbally requested through a translator that a power of attorney be prepared.

As it was not possible to communicate with him/her, I selected the authorized translator of our notary public AHMET D..., who I knew would be able to communicate with him/her to act as interpreter.

I learned through the interpreter that the relevant person possessed the required authority to undertake the said procedure, that he/she did not speak Turkish, but that he/she was literate. He/she made the following request through the said authorized translator, who I knew to possess the necessary skills, and evidence of whose identity was presented to me in the form of his identity documents.

PURCHASE OF PROPERTY: I do hereby appoint ALİ …, holder of T.R. Identity No:..........., whose father's name is .........and mother's name is......., and who was born on ............in İstanbul, as the qualified and authorized person to act on my behalf in the following matters:

To make the necessary applications to the various organizations and authorities in order to obtain the required permissions so that I may be able to purchase land and property within the boundaries of the Republic of Turkey.

To track all of the procedures I would need to track on this matter; to present and collect documents in person; to prepare and sign petitions; to request and collect any documentation to be prepared in my name on the above-stated matter; to pay all duties and receive back any which have been overpaid.

To collect the necessary documents from the Land Registry and present them to the foreign nationals branch of the police in order to obtain a residency permit; to undertake the necessary written communication; to obtain a taxation number in my name; to purchase any land or property within the boundaries of any of the districts and villages of the province of İSTANBUL, at any time he wishes, for whatever price, under whatever conditions, at whatever location, and from whosoever - whether it be private individuals or legal entities - he wishes.

To pay the purchase price; to accept any assignments to be made in the presence of the relevant land registry director or authorized officer; to sign the title book and records and all documents; to request registration; to collect the title deeds; to make arrangements for electricity, water, and natural gas to be connected to the property he is to purchase; to prepare and sign the contracts for these in the presence of the necessary authorities.

To make declarations and submit petitions; to protect my interests and rights with regard to this property; to send all types of warnings to third parties; to carry out all of the required legal and other procedures in connection with the above-stated matters, in the presence of all official organizations and authorities, and to sign them.

To give undertakings to the necessary authorities and organizations, that under the principles of reciprocity, the independent and permanent limited real rights over properties which I will procure within the boundaries of the Republic of Turkey will not exceed 2.5 (two and a half) hectares, and that should it be determined as otherwise, I unconditionally accept and undertake that the excess properties be sold in return for cash.

To prepare and sign any documents necessary in this respect; to obtain the necessary written permissions from the Ministry of Defense or the authorized military organizations, the Land Registry General Directorate and relevant Land Registry Directorates or the relevant organizations and authorities, in order that I may obtain property within Turkey; to undertake all of the necessary written communication, and to make and accept declarations."

The written statement has been read by the interpreter to the relevant party. The relevant person declared through the interpreter that what was written on the statement is in accordance with him/her wishes, and the statement has been signed by the relevant person, the authorized translator, and by me. The twenty-first day of the month of June in the year twenty thousand and twelve 21.06.2020.

DECLARATION BY THE INTERPRETER: I have communicated the wishes of the relevant party who speaks ENGLISH to the notary public. I have translated the above statement written by the notary to the relevant party. He/she has stated that the above is in accordance with him/her true wishes. And I hereby declare that the relevant party has accepted this statement and signed it in my presence.

AUTHORISING PARTY: TRANSLATOR CAN D..... T.R. No: ....................................

and YOUR NAME and SIGNATURE. 

 

Frequently Asked Questions

 

Q: What is a power of attorney (POA)?
A: A power of attorney is a legal document that gives a person (proxy) the power to act on behalf of another person (attorney) under notarial witness. The proxy has the authority to sign legal documents on behalf of the attorney for decisions that may related to issues such as his/her attorney’s property, finances, or medical care.

 

Q: How can I give a power of attorney in Turkey?
A: The officers prepare the POA for you at a notary office after receiving the required documents. A certified interpreter of the notary office translates the POA documents. After signing the documents, you pay the expenses and then get your receipts.

 

Q: How much does POA cost?
A: The officers calculate the cost after the POA document is ready since the notary office has certain prices according to the number of characters. The cost depends on what is written on the POA document.

 

Q: Why would I give power of attorney?
A: So as to complete your purchase of a property in Turkey, there are a few steps and processes that need to go through. These processes naturally would be in Turkish. So, giving granting your power of attorney will ease these steps.

 

Q: What is general power of attorney and specific power of attorney?
A: There are different types of power of attorney but basically 2 of them related to buy a property in Turkey. General power of attorney gives a general right to represent you legally in all matters and in some cases, your signature will be needed for approval. Specific power of attorney gives a right to represent you in a specific transaction. For example, just to purchase of a property in your name.

 

Q: Why do I need an interpreter to give a power of attorney in Turkey?
A: You must have a certified interpreter to explain the terms in the documents before the signatures since the papers are prepared only in the Turkish language.

 

Q: What are the required documents to give a power of attorney?
A: Your original passport and its translation, tax number, and two passport photos only for some transactions.

 

Q: Can I give a power of attorney if I am not in Turkey?
A: Yes, you can give a power of attorney at Turkish embassies. Also, notary offices in your country can prepare a power of attorney if your country is a part of The Hague Apostille Convention.

 

Q: A tax number is necessary to give a power of attorney. How does this work if I give a power of attorney when I am not in Turkey?
A: The passport number is used as a tax number when you give a power of attorney from abroad. In such cases, you should add the power to get a tax number to the power of attorney. In this way, your proxy can get your tax number on your behalf.

 

Q: May the children under the age of 18 give a power of attorney in Turkey?
A: Children under the age of 18 can give a power of attorney only with the signed consent of their parents.

 

Q: May I give a POA to someone for withdrawing money from my bank account?
A: Yes, you may do your bank transactions with a power of attorney.

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