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Formalities for powers of attorney issued in abroad in relation to title deed transactions

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Hakki Gedik

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14 June 2017

The General Directorate of Land Registry and Cadastre (General Directorate) published an announcement on 20 March 2017 for providing clearance on the requirements of powers of attorney (PoA) issued in abroad relating to title deed transactions in Turkey.

In the announcement the General Directorate referred to its circular dated 11 August 2015 and numbered 1767.

As per the announcement PoAs, which are issued in abroad for title deed transactions (such as sale and purchase of real property or creation of mortgages over the real property) must:

  • be prepared ex officio in the official language of the country in which it is issued;
  • bear the photograph of the undersignee(s) (as affixed to the PoA and signed and stamped by the notary public) of the PoA, who is granting representation authorities for his behalf or on behalf of a corporation;
  • be notarized and apostilled or bear the Turkish Consulate verification;
  • include explicit authorization in relation to the specific transaction to be carried out at the title deed registry.

Additionally, the Turkish translation of the PoA, as certified by a Turkish notary public must also be submitted to the relevant title deed registry.

On the other hand, Turkish Consulates also have departments acting as a notary public. If the PoA will be drawn-up and legalized in the Turkish Consulate then, the Turkish version of the PoA indicating the above items must be used.