In order for lawyers in Turkey to represent a person or company against official authorities and courts, a power of attorney must be given in accordance with the procedure. Power of attorney can only be given to a lawyer officially. In Turkey, lawyers do not have the authority to issue power of attorney on their own.
As a rule, lawyers can obtain information from official authorities, examine files, and provide consultancy services without a power of attorney.
However, in order for a lawyer to represent a person before official authorities and courts, he must have a power of attorney. In addition, a power of attorney will be required in cases such as obtaining a copy of a case file, obtaining a residence certificate, making an application, or attending a mediation meeting.
Although lawyers have the authority to issue powers of attorney in many countries and even lawyers can perform notary transactions, in Turkey, lawyers do not have the authority to issue powers of attorney.
I. Granting Power of Attorney to a Lawyer
1. If the person who wants to give power of attorney is in Turkey;
It is very easy to give a power of attorney if the candidate client is in Turkey. The power of attorney to be given to the lawyer is prepared by notaries. If the original or copy of the power of attorney is delivered to the lawyer, the lawyer will be able to use the power of attorney in question.
In order for the prospective client to be able to give a power of attorney, he/she will need an official document such as a valid passport, an identity document from his/her own country, a residence permit, if available, or a foreign identity document.
The person who wants to give a power of attorney must know the name, surname and Republic of Turkey ID number of the lawyer to whom he wants to give a power of attorney.
The person who wants to give a power of attorney should definitely learn from his lawyer the “authorities” that should be included in the power of attorney. The “General Litigation Power of Attorney” sample available at notaries may not include many powers such as making peace, making full reforms, transferring, taking over. In addition, special authority will need to be included in the power of attorney in cases such as rejection of inheritance or cases related to population services.
If the candidate client does not know Turkish, a translator is also required.
For legal entities wishing to issue a power of attorney; The management decision regarding the signature circular showing that he/she is authorized to manage the legal entity or issue a power of attorney must also be submitted to the notary.
2. If the person who wants to give power of attorney is not in Turkey;
If the candidate client is not in Turkey and does not have the opportunity to come to Turkey in the near future, there may be two methods to give power of attorney to the lawyer.
The first is to issue a power of attorney to the prospective client through the nearest Turkish Consulate.
The second is to issue a power of attorney from the official authority of the country where the person is located, which has the authority to issue apostilled powers of attorney, if the conditions are met.
A. Issuing a power of attorney on behalf of the lawyer through the Turkish Consulate;
Client candidate;He/she should go to the website https://www.konsolosluk.gov.tr/ and find the Turkish Consulate closest to him/her and notify the lawyer.
As a rule, Turkish Consulates carry out notary transactions only for Citizens of the Republic of Türkiye. To perform notary procedures for foreigners, please contact the lawyer to whom you want to give a power of attorney.
In some Turkish Consulates, “authority to purchase real estate in Turkey” is required in order to grant a power of attorney to a lawyer. In this case, the prospective client will need to take 3 passport size photographs with him to obtain a power of attorney.
If the foreigner who wants to give a power of attorney does not know Turkish, it may be possible to make an appointment via the website and come with a translator.
Some Turkish Consulates require the foreign client candidate to make an appointment through Turkish Translators working in that city.
B. Apostilled Power of Attorney
Apostille annotation is a method accepted by the countries that are parties to the “Hague Convention” dated 1961 and allows official documents to be recognized in the eyes of other countries.
For an apostilled power of attorney, the prospective client will need to prepare the power of attorney in question from the institutions that issue apostilled annotations and provide notary duties in his country and send the original copy of the power of attorney to the lawyer.
Since there is no journal number on the apostille annotated power of attorney that can be confirmed by the civil servants in Turkey, it may not be possible to carry out banking transactions, title deed transactions and representation transactions with this power of attorney.
III. Situations Requiring Special Authority in Lawyer’s Power of Attorney
A power of attorney contract is a contract in which the attorney undertakes to perform or carry out a task of the person giving the power of attorney.
According to Article 71 of the Code of Civil Procedure, “Anyone who has the capacity to file a lawsuit may file and pursue his/her case himself or through his appointed attorney.” According to the following article, “In filing and pursuing the case through an attorney, the provisions of the Code of Obligations regarding representation shall apply, without prejudice to the special provisions of the law.
In some cases, special authority must be included in the attorney’s power of attorney in order for the attorney to perform certain tasks and transactions. These powers must be clearly stated by the power of attorney when the power of attorney is given. According to Article 74 of the Code of Civil Procedure, the situations in which a lawyer must have special power of attorney are as follows:
If authority is not expressly given, the representative;
- There can be no peace,
- He cannot refuse the judge,
- It cannot rehabilitate the entire case,
- He cannot offer an oath,
- Cannot accept, return or reject the oath,
- Cannot delegate someone else (lawyer appointing someone else as attorney)
- Cannot lift the lien,
- Cannot request bankruptcy of his client,
- Cannot enter into an arbitration or arbitrator agreement,
- It cannot propose or consent to concordatum or restructuring of capital companies and cooperatives through compromise,
- Cannot resort to alternative dispute resolution methods,
- Cannot waive the lawsuit or legal remedies,
- Cannot accept the other party’s acquittal and lawsuit,
- It is not possible to return the trial,
- Cannot file a lawsuit for damages against the state against the actions of judges,
It cannot file or pursue lawsuits regarding rights that are strictly linked to the individual, unless it is clarified which ones the authority is given to do (divorce, name change, denial of inheritance, etc.).
In addition to the Code of Civil Procedure, the scope of power of attorney is also determined in Article 504 of the Turkish Code of Obligations No. 6098. Accordingly, unless the attorney is specifically authorized;
- Can’t file a lawsuit
- There can be no peace,
- Cannot apply to the referee,
- Cannot request bankruptcy, postponement of bankruptcy and concordat,
- Cannot make foreign exchange commitments,
- Cannot forgive,
- Can’t be a guarantor,
- She/He cannot transfer the real estate and cannot limit it with a right.
Provisions in Other Legislation
- Paragraph (a) of the 1st paragraph of the 10th article of the Judicial Records Law No. 5352: “Archive information; Since it contains the provision that “it can be requested by the person himself or his attorney, provided that it is clearly stated in the power of attorney, by specifying the purpose of use”, in order for the attorney to obtain the criminal record regarding his client, this authority must be clearly given to him in the power of attorney.
- In accordance with Article 57 of the Population Services Law No. 5490, as amended by Law No. 7039 published in the Official Gazette No. 30229 dated 3.11.2017, third parties can only make a declaration as a basis for a civil registration transaction by presenting a power of attorney. In accordance with paragraph (ii) of Article 4 of the Regulation on the Implementation of the Population Services Law, the power of attorney must include the special representation authority (clearly stating which authority is given).
- In accordance with Article 39 of the Regulation on the Implementation of the Custody, Guardianship and Inheritance Provisions of the Turkish Civil Code, the attorney must be authorized to reject the inheritance.
- In accordance with Article 17 of the Marriage Regulation, if the person to be married wishes to carry out the application process through a proxy, a special power of attorney must be issued for this purpose and this power of attorney must clearly state that it is given for the execution of the marriage procedures with the full identities of the power of attorney, his/her attorney and the person he/she will marry.
It is a condition of the lawsuit that situations requiring this special authority be included in the power of attorney. If the required authority is not in the power of attorney, the judge will give time to correct this deficiency, but will reject the case if the deficiency is not corrected.
Apart from these cases specified in the law, there is a dual distinction as to the type of power of attorney. There are two types of power of attorney: general litigation power of attorney and special litigation power of attorney. To explain;
A general power of attorney is a power of attorney that authorizes the lawyer (attorney) to pursue all lawsuits filed or filed by his client or against his client. In this type of power of attorney, the lawyer can represent his client in all cases.
A special power of attorney is a power of attorney given only to pursue a specific case or a few cases. The lawyer cannot represent his client in any case other than those specified in this power of attorney.
The Supreme Court decisions and the types of powers of attorney that must be specifically regulated in practice are as follows:
- Divorce power of attorney,
- Power of attorney for real estate purchase and sale,
- Power of attorney regarding inheritance/succession transactions,
- Power of attorney for company establishment,
- Power of attorney for the transfer of shares in the company,
- Power of attorney regarding recognition and enforcement,
- Power of attorney authorized for mortgage,
- Power of attorney issued by companies,
- Power of attorney regarding the conclusion of a rental agreement,
In order for these transactions to be carried out properly, the authorities to be granted must be clearly expressed during the process of granting power of attorney to the lawyer at the notary. In addition, a power of attorney can be given for a certain period of time or indefinitely.
- In some powers of attorney, it is mandatory to attach a photograph:
- Powers of attorney that require transactions at the land registry,
- Power of attorney for a lawyer for divorce cases
- T.R. Powers of attorney regarding letters of credit issued by the Central Bank,
Attaching photographs to the originals and copies of the power of attorney authorizing the sale of vehicles
It is mandatory.
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