This section presents general information about Powers of Attorney prepared in England. Here you will also be able to find out about the Certification and Translation Services provided by our Chamber together with Powers of Attorney and a list of Turkish British Chamber of Commerce and Industry member Solicitors and Law Firms who 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 grant a Power of Attorney.
What is a Power of Attorney?
A Power of Attorney is a written authorisation by which a person(s) enables an appointed person(s) to perform specified acts on his/her/their behalf. The Power of Attorney may be granted (executed) with general or limited 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 need help with looking after your financial or legal affairs, for example, if you are in an accident or have been hospitalised..
POWERS OF ATTORNEY PREPARED IN ENGLAND
A Power of Attorney granted in England must be correctly executed as a deed to comply with English law. As explained below, there can be different procedures for Turkish and non-Turkish nationals.
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.
In most cases it will be necessary for the Power of Attorney to be signed or executed in the presence of the Notary Public to allow the Notary to identify the signatory and witness the signature. If the POA is to be executed 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 its behalf.
A document is validly executed by a company if it is signed on behalf of the company:
(a) by two authorised signatories, or
(b) by a director of the company in the presence of a witness who attests the signature.
The notarised Power of Attorney must be verified (i.e. legalised) by the FCO 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 and seal appearing on a document are those of a recognised Notary. If you are going to use a POA executed in England and Wales 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.
The FCO is the only UK authority able to legalise Powers of Attorney. Jersey, Guernsey and the Isle of Man issue their own legalisation certificates. The FCO or other issuing bodies checks the signature and seal appearing on a notarial certificate against the specimens on their database and if they match, attach an Apostille which confirms that the document is genuine and makes it acceptable in Turkey and other countries to which the 1961 Hague Convention applies. Overseas
FCO contact details: Please see the FCO website
Standard Service Legalisation Office address:
Norfolk House, 437 Silbury Boulevard Milton Keynes MK9 2AH
Tel.: 01908 295 111
Fax: 01908 295 122
Step-3: Translation of a POA into Turkish
POAs and apostilles attached to them which require translation into Turkish;
– If the translationof the POA was made in the UK, the translation must be notarised and apostilled as described above
– If the translation is made in Turkey, it must be undertaken by a sworn translator registered with a Turkish Notary and certified by a Turkish notary. In this case there is no need of for further certification or legalisation of any kind.
If you have any further queries regarding Powers of Attorney, please contact us at email@example.com or call +(44) (0) 20 7321 0999