What is power of attorney?
An agency is when one person authorizes another to perform a task or action. This authorization is called a "power of attorney." The person granting the power of attorney transfers their authority, encompassing specified tasks and timeframes, to a person called an agent. The agent can act and enter into contracts on behalf of the principal within the scope of this authority. The principal is responsible for the actions taken by the agent.
Except for powers of attorney issued at Turkish Consulates, powers of attorney issued in foreign countries must meet the following conditions:;
• It must be issued in the official language of the country where it was issued and include a photograph of the person concerned.,
• According to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Hague Convention), the document must contain an "Apostille" or be certified by the Turkish Consulate in the country where the notary who issued the power of attorney is located.,
• It must include authorization for the transaction in question,
• It must be submitted to the land registry office along with a notarized Turkish translation.
In addition to meeting the general requirements mentioned above, powers of attorney issued in foreign countries must also be certified by the issuing authority with a seal, embossed stamp, signature, or stamp, depending on the authority.
The requirements for power of attorney documents bearing an Apostille certificate are as follows:;
• The certification endorsement may be placed directly on the document or on a separate sheet of paper attached to it. If the certification endorsement is on a separate document, it must be combined with the certified document, and the seal of the certifying authority must be affixed at the point of joining.
• The certification statement may be written in the official language of the issuing authority, or in a second language.
• However, the title of the certification, "Apostille Convention de La Haye Du 5 Octobre 1961," must be explicitly stated in French.
• A properly completed certification statement confirms the authenticity of the signature, the capacity in which the signatory signed the document, and, if necessary, that the seal or stamp on the document is identical to the original. The signature, seal, or stamp on the certification statement is exempt from any verification process.
• In addition, it should be noted that the document and its certification statement must be issued by different authorities. This is because the certification statement authenticates the signature and seal of the authority that issued the document; therefore, it is not possible to authenticate the certification statement with the signature and seal found on the document itself.
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