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Power of Attorney (UK)

This section presents general information about Powers of Attorney prepared in the UK. Here you will also be able to find about Certification and Translation Services provided by our Chamber related with Powers of Attorney and a list of Turkish British Chamber of Commerce and Industry member Solicitors and Law Firms who can offer legal and notarial services.

This section should be used as a guide only and you are strongly advised to seek advice from a notary public at an early stage when planning to arrange a Power of Attorney.


What is a Power of Attorney?

A Power of Attorney is a written authorisation by which one person enables an appointed person to perform specified acts for his/her behalf. The Power of Attorney may be granted (executed) as a general or a limited authority. The scope of the Power of Attorney will define what a court will enforce as being the scope of its authority. Powers of Attorney are useful and required in cases when:

  • You wish your personal or commercial business to be conducted in your absence, when for example, your business is in a different country
  • You wish your personal or commercial business to be conducted by someone who has more expertise or technical knowledge than you, when for example, you are dealing with a legal matter
  • You are alive but unable to look after your financial or legal affairs, for example, if you are in an accident or suffer a serious medical emergency.


Powers of Attorney prepared in the UK

The Power of Attorney prepared in the UK must be correctly executed as a deed under English law. As explained in the next sections, there can be different procedures for Turkish citizens and for UK nationals for the use of Powers of Attorney in the UK or Turkey.

A) For use in the UK

  • If the Power of Attorney prepared in the UK is to be used in the UK, the procedure below will apply both to Turkish and UK nationals.
  • If you are in the UK and you intend to use the Power of Attorney in the UK, you can have a Solicitor prepare the Power of Attorney for you and have it notarised by a Notary (Notary Public). A Notary is an internationally recognised legal officer who can authenticate signatures on the Power of Attorney.
  • We recommend that you ask a lawyer to draft your POA. For a list of member Solicitors and Law Offices who offer Power of Attorney and Notarial services, you can search out via the internet and simply put in the search notary services in your local town name.

B) For use in Turkey

If you are in the UK and you plan to authorise the Power of Attorney for use in Turkey, the procedure is different for Turkish citizens and for UK nationals:

If you are a Turkish Citizen:

Turkish citizens in the UK wishing to authorise a Power of Attorney for use in Turkey, can have their Power of Attorney prepared and notarised at the Turkish Consulate General in London and must apply in person to the Consulate by prior appointment. Turkish Consulate notarised Power of Attorney arranged by a Turkish national can be used in Turkey without any need for further endorsement from a UK notary or any UK authority.

Click here to see the documents required for Power of Attorney.
Address: Rutland Lodge, Rutland Gardens, Knightsbridge, London SW7 1BW
Tel: 020 7591 6900,
Fax: 020 7591 6911,
E-Mail: turkishconsulate@btconnect.com

Beside the procedure described above, Turkish nationals may also follow the alternative route explained in section (b2) below. In this process called the "Apostille", instead of the Turkish Consulate executing the Power of Attorney, POA is first notarised by a Notary in the UK, and then the notarised document is legalised by the Foreign and Commonwealth Office.

If you are a UK national or a corporate entity registered in the UK:

UK nationals in the UK or a legal entity registered in the UK intending to authorise a Power of Attorney for use in Turkey should:

  Step-1: Notarisation
 

The Power of Attorney must be certified/attested by a notary public (i.e. notarised). Notarial certification is proof that a document has been duly executed or duly signed

Notaries in most cases will require the grantor of the Power of Attorney in to sign in their presence to allow them to identify the signatory and witness the signature. If the POA is drawn on behalf of a legal entity such as a company, the notary may also ask to see evidence of the existence of the company and that the person executing the POA is authorised to sign on behalf of such legal entity.

Please view the websites below to search for a Notary who can notarise your documents to send to the commonwealth
Main UK Find a Notary website in the UK http://www.thenotariessociety.org.uk/

Click on the enclosed link to find information about what is a notary and how they can help you. http://mynotary.org/legal_information.html#legalisation

Main Ireland Find a Notary website in the UK http://www.notarypublic.ie/finding_a_notary.html

PAY FOR THE COMMONWEALTH FEE IN ADVANCE

  Step-2: Legalisation
 

The notarised Power of Attorney must be verified (i.e. legalised) by the FCO (the Foreign and Commonwealth Office in order to enable it to be used abroad. FCO Legalisation (also referred to as 'Apostille', the legal term for the legalisation certificate) is the official confirmation that a signature, seal or stamp appearing on a document belongs to a recognised Notary.

If you are going to use a POA executed in England and Wales overseas, for example in Turkey, it has to be 'Legalised' (Apostilled) before it can be accepted by Turkey or an overseas authority. Apostille legalisation is accepted in countries, including Turkey, which have signed the 1961 Hague Convention. To see the full list of countries party to this Convention, see below Parties to the HAGUE CONVENTION ABOLISHING THE REQUIREMENT FOR LEGALISATION FOR FOREIGN PUBLIC DOCUMENTS.

 
Albania
Argentina
Australia
Austria
Belarus
Belgium
Bosnia
Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Ecuador
Estonia
Finland
France
Georgia
Germany
Greece
Hong Kong
Hungary
Iceland
Ireland
Israel
Italy
Japan
Korea,
Latvia
Lithuania
Luxembourg
Macedonia
Malta
Mexico
Monaco
Montenegro
Netherlands
New Zealand
Norway
Panama
Poland
Portugal
Romania
Russian Federation
Serbia
Slovakia
Slovenia
South Africa
Spain
Suriname
Sweden
Switzerland
Turkey
Ukraine
UK
USA
Venezuela
   
 

Countries not listed will often still require an Apostille but will also need further legalisation via their embassy.
The Foreign & Commonwealth Office (FCO) is the only UK authority able to legalise Powers of Attorney. Jersey, Guernsey and Isle of Man issue their own legalisation certificates. The FCO checks the signature, seal or stamp that appears on the document against their database and then attach an Apostille (Legalisation / Certification) which confirms it is genuine to be acceptable in Turkey or overseas.

FCO contact details:
FCO Legalisation Office address:
The Legalisation Office, Norfolk House (West), 437 Silbury Boulevard Milton Keynes, MK9 2AH
Tel: 0044 (0) 207 008 5959 ( New Commonwealth Phone Number )
Tel: 01908 295 111 (Monday to Friday 10-12 am, 2-3 pm).
Fax: 01908 295 122
Email: LegalisationOffice@fco.gov.uk
Websites:
Main Commonwealth website :

Pay for your Legalisation

  Step-3: Check if further verification by Turkish Consulate is also required
 

There may instances where Turkish Consulate verification may be required further to FCO Legalisation. In order to prevent any risk that the FCO Legalisation may not be recognised in Turkey, you are advised to check with the Turkish institution that will use the Power of Attorney to find out if verification by the Turkish Consulate is also required after it has been apostilled by the FCO.

   
  Step-4: Translation of a UK POA into Turkish
 

If you need the Turkish translation of a POA drawn in the UK and the translation of its Apostille for use in Turkey,
If the translation of the POA is done in the UK, the translation must be notarised and apostilled in the UK
If the translation of the POA is done in Turkey, the translation must be done by a sworn translator registered at a Turkish Notary and notarised by a Turkish notary. In this case there is no further need of apostille or any other legalisation.