Using a Power of Attorney Issued in Germany in Türkiye: Consulate, German Notary, Apostille and Translation

Notarial acts performed by Turkish consulates in Germany are based on Turkish notarial legislation. A power of attorney properly executed by the consulate can be used in Türkiye without a German apostille or a second notarisation merely to authenticate its official status. If the text is prepared in Turkish, no further Turkish translation is required. However, a power to sell or another specific authority that does not appear in the instrument is not created simply because the power of attorney was issued by a consulate. TKGM guidance on powers of attorney executed abroad.

The applicant may be asked to provide identification, details of the attorney-in-fact and, depending on the transaction, a photograph or property information. The accepted identity document must be checked by reference to nationality status and the type of transaction; the same document list should not be assumed to apply to every application. The principal must generally appear in person, and an appropriate interpreter may be required if the principal does not speak Turkish. Clearly identifying the intended transaction before the appointment helps prevent the wrong type of power of attorney from being prepared.

A power of attorney executed before a German notary can also be used in Türkiye if it meets the applicable requirements. There is an important distinction between a German notary merely certifying a signature and executing the instrument in notarial deed form. Which form is sufficient depends on the formal requirements of the transaction to be carried out in Türkiye.

For a power of attorney intended for use in Turkish land registry proceedings, in particular, the German notary must prepare a “Vollmacht in beurkundeter Form”, meaning that the instrument must be executed in notarial deed form. Mere certification that the signature belongs to the signatory does not replace that form. This land registry requirement should not be presented as an invariable rule for every banking application or every litigation power of attorney. Guidance of the Turkish Consulate General in Hannover.

Germany and Türkiye are parties to the Hague Apostille Convention. When a German notarial instrument is to be used in Türkiye, an apostille must therefore be obtained from the competent German authority unless an applicable exemption exists. The competent authority depends on the type of document and the relevant German state. The apostille authenticates the official signature, the capacity in which the signatory acted and, where applicable, the seal or stamp. It does not confirm that the wording of the power of attorney grants sufficient authority to sell, that the document complies with Turkish substantive law or that the intended transaction will necessarily be completed.

A German notarial instrument bearing a proper apostille does not need an additional Turkish consular legalisation merely to authenticate its official origin. Certification of the Turkish translation is a separate matter. For that reason, the statement that an apostille means no other certification can ever be required is also misleading. Hague Apostille Convention, Articles 1-5.

The way in which a Turkish translation must be submitted depends on the rules governing the particular procedure. A common route for German notarial instruments is to have the apostilled document and its relevant annexes translated into Turkish in Türkiye by a sworn translator and to have the translation certified by a notary. The translation should reproduce the powers granted, any limitations, identity details and the document’s certification and apostille information in full. Translating only the first page of a power of attorney may conceal restrictions contained on later pages.

In Germany, it is also possible to use a translation prepared by a sworn translator registered with the relevant Turkish diplomatic or consular mission and properly certified by that mission. The TKGM guidance states that a translation meeting those conditions does not require a second notarised translation in Türkiye. By contrast, merely authenticating the signature on a translation prepared by any translator does not produce the same result.

There is an additional point for land registry matters: the fact that a German notarial instrument contains Turkish text alongside the German version does not automatically remove the need for a certified Turkish translation. Using a bilingual document therefore does not by itself mean that the translation and certification stages have been completed. TKGM guidance, sections 2 and 7.2.

The label “general power of attorney” does not by itself determine the scope of the document. A broadly drafted power of attorney may contain the necessary specific authorities, while a more limited instrument may omit part of the intended transaction. Article 504 of the Turkish Code of Obligations requires specific authority for the transfer or encumbrance of immovable property, gifts and suretyship. A general phrase such as “to handle all my affairs” does not automatically satisfy that requirement. Turkish Code of Obligations, Article 504.

In land registry and real estate matters, form is as important as the authority granted. The required deed form and photograph requirements, as well as the language of the foreign instrument, the basis for identification and the relevant certifications, are examined. A sale, gift or creation of a mortgage must be covered in wording appropriate to the particular transaction. If the power of attorney is intended to be limited to a specific property, the land registry details must be reproduced accurately. These are not arbitrary details requested by a land registry office; they are matters assessed within the framework of the applicable legislation and TKGM rules.

In inheritance matters, obtaining an inheritance certificate, collecting funds from an inherited bank account and selling inherited property are separate transactions. Authority to represent an heir does not replace the inheritance certificate or the required participation of other heirs. In banking matters, asking for account information, withdrawing funds, making a transfer and closing an account also involve different scopes of authority. A bank’s request for specific account or transaction details does not mean that the same statutory special-authority requirement applies to every power of attorney. It is necessary to distinguish requirements arising from law from those arising from an institution’s internal procedures.

For company formation and trade registry procedures, the necessary powers depend on whether the representative will sign incorporation documents, file registration applications or handle tax procedures. If the power of attorney is granted on behalf of a company, documents showing that the signatory is authorised to represent the company and, where necessary, relevant corporate resolutions will also be required. A power of attorney given by an individual in a personal capacity cannot be used to act on behalf of a company. Official Invest in Türkiye guidance on establishing a business.

For litigation, the Turkish Code of Civil Procedure, HMK, regulates the submission of a power of attorney certified or drawn up by a notary. Settlement, waiver of the claim and acceptance of the claim require separate express authority. Professional representation before Turkish courts is carried out by lawyers authorised to practise in Türkiye; an ordinary transactional power of attorney does not confer that professional right of representation. HMK, Articles 74 and 76.

With an appropriate power of attorney, land registry transfers and sales, inheritance applications, banking and company matters within the granted authority, and litigation through a lawyer can often be handled without the principal travelling to Türkiye. The other documents and conditions required for the relevant procedure must still be completed, and any stage requiring personal participation must be assessed separately.

A missing power to sell, an incorrect identification number, the absence of a required photograph for a land registry transaction or a translation that inaccurately reflects the scope of authority can stop the procedure. It should also be determined in advance whether the document must be submitted in original form, as a certified copy or in an accepted electronic format; a scanned copy is not sufficient for every transaction. A missing power cannot be added through translation. Reviewing the intended transaction, the scope of authority and the institution where the document will be used before the power of attorney is executed can reduce the need for a second notary appointment, a new apostille and a new translation.