Yabancılar için noter işlemleri
Notarial services for Foreigners in Turkey
Power of attorney
Foreigners in Turkey may grant powers to anyone (agent, attorney-in-fact) act on behalf of them (principal). According to the Turkish laws a power of attorney is an official paper and should be prepared by a Notary Public and the principal should sign it before the notary. Besides if a foreigner who is giving a power of attorney doesn’t know Turkish language a duly sworn translator of the notary public must accompany during the procedure in order to translate the power of attorney to the principal. Foreigners in Turkey may give power to anyone they wish depending on the procedures needed to be carried out. A power of attorney may be revoked and canceled at any time from any notary public. For more information on power of attorney procedures for foreigners in Turkey please contact us.
In Turkey normally there is no obligation to execute a rental agreement in a notary public. However foreigners in Turkey usually need rental agreements in order to fulfill the requirements of Immigration Office (Göç İdaresi) to take residence permit (oturum izni, ikamet izni). Because of this in order to prevent any counterfeit actions, the official bodies require a rental agreement between a foreign tenant and a landlord to be executed in notary publics. In such case the agreement might be in any language but the Turkish legislations do not allow notaries to authenticate any foreign language document without its Turkish translation. Under these circumstances either a sworn translator should attend during the execution of a rental agreement in the notary public for oral translation or before the execution of the agreement by the tenant and landlord in the notary public the rental agreement should be translated by a sworn translator to the required language. For detailed information please contact us.
Although there is detailed information on page www.invest.gov.tr about starting a business in Turkey, those procedures can be carried out smoothly only by a consultant. Passports of the foreign partners of the company should be translated by a sworn translator and notarized before registration of your company in Trade Registry Office. Also a certified translator should accompany to a foreigner during the procedures in Trade Registry Office. After registration of your company a Signature Circular should be prepared in Notary Public by authorized person of the company for execution of official procedures in official bodies. Furthermore the authorized person may also need to give a power of attorney to the accountant of the company in order to carry out the other works on taxational matters.
Prenuptial Agreement (Marriage Contract)
In Turkish Civil Code problems arising from ownership or management of the goods acquired by the spouses before or after the marriage, questions which one of the spouse would benefit from those goods and properties, who will use those properties, who will be in charge for the problems arising due to properties and how the properties will be shared in cases where the marriage is annulled are settled with “matrimonial property agreement” in other words “prenuptial agreement”. The parties have opportunity to create solutions with prenuptial agreement (marriage contract) for their concerns within the legal boundaries.
According to the Wikipedia; a prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce. In Turkish Law it is also secured with division of matrimonial property (mal rejiminin tasfiyesi). Spouses can either secure their assets with a prenuptial agreement or with division of matrimonial property during their marriage. As it’s been in all other notarial procedures which a foreigner involves in, also a sworn translator should accompany to the foreign spouse during the execution of prenuptial agreement in the notary public.
Preliminary contract for real estate sale
“Preliminary contract for a real estate sale” has a nature of an official document assuring a future sales agreement. It is a preliminary agreement aiming the main sale planned to be made on a future date. It gains an official qualification via notary public. After this contract is executed by the parties in a notary public, with the deed restriction annotated by one of the parties or both of them, the subject matter of the contract is authenticated by title deed officer. Preliminary contract for real estate sale sets forth responsibilities both for the seller and the buyer. Termination of preliminary sale contract also has to be made in a notary public.
Any declaration signed before a notary is a document declaring that a certain condition is accepted by the declarant. Another statement commonly signed by the foreigners in notaries is “affidavit of support” which is generally used by another foreigner during the residence permit application. Affidavit of support (notary public undertaking of the host) is requested by immigration office (göç idaresi) in cases when an applicant is going to stay in a 3rd person’s residence.
Besides the aforementioned there are several procedures which can be performed by foreigners in Notary Publics in Turkey. During the official procedures performed by a foreigner in Turkey, the foreigner must have an officially translated and notarized copy of passport. Thus before performing any legal procedure foreigners who want to perform any official procedures should apply to a translation office for official sworn translations of their passports. Please contact for more information on notarial translation procedures in Turkey