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İNGİLTERE 'DE DÜZENLENEN VEKALETNAME

İngiltere’de tanzim edilen vekaletnamelerin hazırlanmasında dikkat edilecek hususlar ve yapılacak işlemler bu bölümde açıklanmaktadır. Burada ayrıca vekaletname konusunda size hukuki ve noterlik hizmetleri verebilecek Türk İngiliz Ticaret ve Sanayi Odası üyesi avukat ve hukuk büroları listesi ile Odamız’ın sunduğu Tasdik ve Çeviri hizmetleri bilgilerini de bulabilirsiniz.

Bu bölüm sadece bir rehber niteliği taşımakta olup, vekalet verecek kişinin vekaletname planlamasına başlamadan önce bir notere danışması kuvvetle önerilmektedir.

Türkiye de Düzenlenen Vekaletnameler için
Türkçe Vekaletname (İngilizce)
Türkçe Vekaletname (Türkçe)
bağlantısını seçiniz.

VEKALETNAME NEDİR?

Vekaletname, bir kişinin başka bir kişiyi belirli durumlarda kendi adına hareket edebilmesi için yazılı olarak yetkilendirdiği bir belgedir. Vekalet yetkisi, genel veya sınırlı bir yetki olabilir. Vekaletnamenin içeriği, bu vekaletname ile mahkemelerin uygulayacağı (infaz edeceği) vekalet yetki kapsamını belirler. Vekaletnameler aşağıdaki durumlarda yararlı ve gereklidir:
– Kişisel ya da ticari işlerinizin sizin yokluğunuzda da sürdürülmesini istediğiniz durumlarda örneğin başka bir ülkede iş kurmak veya takip etmek için bir temsilci görevlendirmek istiyorsanız
– Kişisel veya ticari işlerinizin teknik bilgisi yüksek ya da bu konuda yetkili bir kişi tarafından yürütülmesini istiyorsanız, örneğin avukat atanması gibi konularda
– Kaza veya ciddi sağlık sorunları gibi işlerinizi bizzat yürütebilmenize engel durumlarda örneğin mali ya da yasal işlerinizin takibi için

İNGİLTERE’DE HAZIRLANACAK (TANZİM EDİLECEK) VEKALETNAMELER

İngiltere’de hazırlanacak olan vekaletnamelerin İngiliz yasalarına uygun olarak tanzim edilmesi gerekmektedir. İngiltere’de hazırlanan vekaletnamelerin İngiltere ve Türkiyede her iki ülke vatandaşlarınca kullanım işlemleri farklı olup ileriki bölümlerde açıklanmıştır.

a) İngiltere ‘de hazırlanıp İngiltere’de Kullanılacak Vekaletnameler
İngiltere’de hazırlanan vekaletname İngiltere’de kullanılacaksa aşağıda belirtilen işlem hem Türk hem de İngiliz vatandaşları için geçerlidir. Vekaletnamenizi bir avukata hazırlatıp İngiltere’de noter tasdiki yaptırmalısınız. Noter, vekaletname üzerinde vekalet veren kişilerin imzalarının gerçek olduğunu doğrulamak (onaylamak) yetkisine sahip bir kurumdur. Vekaletname ve noterlik hizmeti veren TBCCI üye Avukat ve Hukuk Firmaları listesini bu baglantıdan görebilirsiniz..

b) İngiltere’de hazırlanıp Türkiye’de kullanılacak Vekaletnameler
b1) Türk vatandaşları için:
İngiltere’de yaşayan bir Türk vatandaşıysanız ve Türkiye’de kullanılmak üzere bir vekaletname hazırlatmak istiyorsanız, vekaletnamenizi Londra’daki Türk Başkonsolosluğu’na yaptırabilirsiniz. Bu işlem için önceden randevu alıp Başkonsolosluğa bizzat başvuruda bulunulmalıdır. Türk vatandaşı bir kimse, Türk Başkonsolosluğu’nun onayıyla hazırlattığı vekaletnameyi bir İngiliz noterinin veya başka bir kurumun hiçbir onayına gerek kalmadan Türkiye’de kullanabilir.

Vekaletname için gerekli olan belgeler için tıklayın.
Konsolosluk randevusu için tıklayın. Adres: Rutland Lodge, Rutland Gardens, Knightsbridge, London SW7 1BW
Tel.: 020 7591 6900,
Fax: 020 7591 6911,
E-Mail: turkishconsulate@btconnect.com

Not: Yukarıda anlatılanların haricinde alternatif bir yol olarak aşağıda (b2) bölümünde anlatılan yöntem de izlenebilir. Bu seçenekte, vekaletname Türk Başkonsolosluğu yerine İngiltere’deki bir noter tarafindan onaylanır ve bu onayı takiben Türkiye’de kullanılmak üzere Foreign and Commonwealth Office tasdiğine götürülür.

b2) İngiliz vatandaşları ve İngiltere’de kayıtlı şirket ve kurumlar için:
İngiliz vatandaşları ve İngiltere’de kayıtlı tüzel varlıklar Türkiye’de kullanılmak üzere İngiltere’de bir vekaletname düzenletmek isterlerse aşağıdaki yolu takip etmelidirler:

1. Adım: Noter İşlemleri

Vekaletnameler bir noter tarafından tasdiklenmelidir. İngiliz Noter onayı, vekaletnamelerin İngiltere’nin geçerli usullerine uygun olarak düzenlendiğinin veya imzalandığının kanıtıdır.

Noterler çoğu durumlarda vekaletnamedeki imzayı tanımak ve imzanın atılışına tanık olmak icin vekalet verecek kişinin imzasının noter huzurunda atılmasını istemektedirler. Vekalet bir tüzel kişi (örneğin bir şirket) adına çıkarılıyorsa, Noter, bu şirketin varlığının ve vekaletnameyi imzalayan kişinin bu hususta imzaya yetkili olduğunun kanıtlarını talep edebilir.

2. Adım: İngiliz Dışişleri Bakanlığı onayı (Yasallaştırma / Apostil)

Noter tasdikli Vekaletnamenin Türkiye’de ya da İngiltere dışında herhangi bir ülkede kullanılabilmesi için İngiliz Dışışleri Bakanlığı’nca da (FCO) tasdiklenmesi gerekmektedir.
İngiliz Dışışleri Bakanlığı’nca yapılan tasdik, İngiltere’de kayıtlı avukat ve noterler tarafindan hazırlanan bir belgenin üzerindeki imza ve mührün gerçek olduğunun resmi İngiliz yetkililerince onaylanması işlemidir. Bu işlemin diğer bir adı ‘Apostil” dir. İngiltere’de hazırlanan herhangi bir vekaletnamenin İngiltere dışındaki diğer ülkelerce veya Türkiye’deki resmi makamlarca da kabul edilebilmesi için, belgenin Apostil edilerek yasallaştırılması gerekmektedir. Apostil uygulaması, Türkiye dahil olmak uzere 1961 Hauge Konvansiyonu ‘nu (Lahey Konvansiyonu) imzalamış olan ülkeler tarafından kabul edilmektedir. Bu Konvansiyona taraf olmayan ülkeler ise genelde bu Apostil işlemine ilaveten kendi Elçiliklerinin onayını da istemektedir. (Bu konuda daha fazla bilgi için info@tbcci.org temas ediniz)

Ingiltere’de belge onaylama (Yasallaştırma) yetkisi olan tek İngiliz makamı Dışişleri Bakanlığı (The Foreign & Commonwealth Office (FCO)’dır. Jersey, Guernsey ve Isle of Man bölgelerinde onay işlemi bu bölgelerin kendi yetkili kurumları tarafından yapılmaktadır. Noter tasdikli Vekaletnamenin İngiltere dışında kullanılabilmesi için, İngiliz Dışişleri Bakanlığı belge üzerindeki noter imza ve mührünün gerçek olduğunu tasdik ederek Apostil işlemini gerçekleştirir.

İngiliz Dışişleri Bakanlığı (FCO) iletişim bilgileri:
FCO Legalisation Office address:
The Legalisation Office, Norfolk House (West), 437 Silbury Boulevard Milton Keynes, MK9 2AH
Tel.: 01908 295 111 (Monday to Friday 10-12 am, 2-3 pm).
Fax: 01908 295 122
Email: LegalisationOffice@fco.gov.uk
Website: FCO Legalisation Office

3. Adım: Türk Konsolosluğu’nca da ilave bir tasdik işlemi gerekip gerekmediğinin kontrolu

İngiliz Dışişleri Bakanlığı tasdik işlemi dışında belgelerin ayrıca Türk Konsolosluğu onayını da gerektirecek durumlar söz konusu olabilir. Bu bakımdan, İngiliz Dışişleri Bakanlığı onayının Türkiye’de başvuracağınız kurum veya makamlar nezdinde yeterli olup olmadığının ve Türk Konsolosluğu onayına da ihtiyaç olup olmadığının bu vekaleti Türkiye’de kullanacak kuruluştan öğrenilmesini tavsiye ederiz.

VEKALETNAME TERCÜMELERİ

İngiltere’de tanzim edilen bir vekaletnamenin Türkiye’de kullanılması amacıyla Türkçe’ye tercümesi gerekiyorsa,
– Tercüme İngiltere’de yapılacaksa; tercüme İngiliz noterince tasdik ve takiben FCO tarafından da apostil edilmelidir.
– Tercüme Türkiye’de yapılacaksa; vekaletnamenin yeminli bir tercüman tarafından çevrilip, çevrinin de bir Türk noterince tasdik edilmesi gerekmektedir.

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