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İngiliz Vekaletnameler (Türkçe)
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Bu bölüm sadece bir rehber niteliği taşımaktadır. Vekalet verecek kişinin önce bir notere danışması önerilmektedir.

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) vekaletin 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 istediğiniz durumlarda; örneğin avukat atanması gibi konularda
– Kaza veya ciddi sağlık sorunları gibi işlerinizi bizzat yürütebilmenize engel durumlarda; örneğin mali ya da yasal işlerinizin takibi için

TÜRKİYE’DE DÜZENLENEN VEKALETNAMELER
GENEL HUSUSLAR

Türkiye’de tanzim edilecek vekaletnamelerin Türk yasalarına uygun olarak hazırlanması ve vekaletnameleri onaylama yetkisi olan bir Türk Noteri tarafindan tasdiklenmesi gerekmektedir. Vekaletnamenin bir Türk Noteri tarafından onaylanması bu evrağın Türk yasalarına uygun bir şekilde tanzim edildiğinin ispatını teşkil etmektedir.

Vekalet veren kişi vekaletnameyi Noter huzurunda imzalamalıdır. Eğer vekaletname, şirket gibi bir tüzel kişi adına çıkarılıyorsa, vekaletnameyi veren kişinin bu hususta imzaya yetkili olup olmadığının kanıtlarını Noter isteyebilir.

TÜRK VEKALETNAME ÇEŞİTLERİ

Verilen yetkilere ve içeriğine göre Türkiye’de tanzim edilecek vekaletnameler iki gruba ayrılır. Türkiye’de Vekaletme çıkartmanın aşağıda açıklanan çeşitlerinden size hangisinin uygun olduğu bilgisini Noteriniz size verecektir.

Genel Vekaletname
Bir kimsenin, kendi adına birden fazla işin yapılması ve sonuçlandırılması için başka bir kişiye vermiş olduğu, içeriğinde birden fazla yetki bulunduran yetki belgesidir. Örneğin, bir veya birden fazla avukatı dava takibi için yetkilendirmek amacıyla düzenlenen vekaletname “Genel Vekaletname”dir. (Genel Vekaletname örneği için burayı tıklayınız). Bu vekaletname Noterce düzenlenir.

Özel Vekaletname
Belirli bir işi sonuçlandırmak için verilen vekalet çeşiti olup münhasıran bir işin yapılması ve sonuçlandırılması için yetki veren vekalet belgesine denir. Boşanma, Taşınmaz alım satımı, İntikal, İntifa hakkı tesis, Emekli maaşı, SSK para çekme, Telefon bağlatma, İsim değişikliği, Yaş küçültme ya da büyültme davalarında da yapılacak işlemin özel olarak belirtilmesi ile vekaletname düzenlenebilir. Bu vekaletnameler Noterce tasdik edilir (Özel Vekaletname örneği için burayı tıklayınız).
Türkiye’de ikame olunacak Aile Hukuku ve Taşınmaz alım satımı ile ilgili davalarda vekaletnamenin fotoğraflı olması aranmaktadır.Bu nedenle yabancı uyrukluların T.C. de aile hukuku özellikle boşanma ve taşınmaz alım satımı konulu vekaletnamelerine fotoğraf ekletmeleri gerekmektedir.

ŞİRKET KURULUŞU, GENEL KURUL, TİCARİ VEKALETNAMELER

Şirket yetkilisinin imza sirküleri, kimliği ve konuya özel bilgi ve talimatlarını içeren vekaletname örneği ile Noter’e başvurulması gerekmektedir.

VEKALETİN KULLANILDIĞI ÜLKEYE GÖRE YAPILACAK İŞLEMLER

a) Türkiye’de Düzenlenip Türkiye’de Kullanılan Vekaletnameler
Yukarıda belirtilen şekilde hazırlanan ve noterce düzenlenen veya tasdik edilen vekaletnameler başka bir onaya gerek kalmaksızın Türkiye’de kullanılabilir.
b) Türkiye’de Düzenlenip İngiltere’de Kullanılan Vekaletnameler
Türkiye’de düzenlenen vekalatnamelerin İngiltere veya Hague Konvansiyonu’na taraf herhangi başka bir ülkede geçerli olması için noterlik tasdikini takiben aşağıda açıklanan şekilde yasallaştırılması (Apostil edilmesi) gerekmektedir.

1. Adım: Vekaletnamenin Tasdiki
Türkiye’de hazırlanıp İngiltere’de kullanılacak olan vekaletnameler yukarıdaki (A) maddesinde belirtilen şekilde Noterden tasdik edilir.

2. Adım: Vekaletnamenin Yasallaştırılması (Apostil edilmesi)
Türkiye’de noterce tasdiklenmiş olup İngiltere’de kullanılacak vekaletnamelerin Türkiye’de yasallaştırma işlemine tabi tutulması (Apostil (Apostille) edilmesi) gerekmektedir. Noterden tasdiki yapılmış olan bir Türk Vekaletnamesinin apostili ya yetkili Türkiye makamlarınca ya da Türkiye’deki İngiliz Elçiliği veya Konsolosluklarınca apostil edilir. Şöyle ki:

2.i) Yetkili Türk makamlarınca Apostil
– İdari belgelerde: İllerde: Vali, Vali Yardımcısı, İlçelerde: Kaymakam
– Adli belgelerde: Ağır ceza mahkemeleri bulunan Adli Kurul Başkanlıkları
Bu makamlardan hangisine başvuracağınızı Noteriniz size bildirecektir.

2.ii) İngiliz Büyükelçiliği / Konsolosluğu’nca Tasdik edilmesi
Türk noter tasdikli vekaletnamelari Türkiye’deki İngiliz Büyükelçiliği veya Konsoloslukları da apostil edebilmektedir. En yakın İngiliz apostil mercisini bulmak için Türkiye’deki İngiliz Elçiliği İngiliz Elçilği websitesini ziyaret ediniz.

VEKALETNAME TERCÜMELERİ

Türkiye’de tanzim edilen bir vekaletnamenin İngiltere’de kullanması amacıyla İngilizce’ye tercümesi gerekiyorsa,
– Çeviri Türkiye’de yapılacaksa; yeminli bir tercüman tarafından yapılıp, bir Türk noterce tasdikini takiben, yukarıdaki 2.i veya 2.ii maddelerinde belirtilen bir makamca apostil edilmesi gerekmektedir.
– Tercüme İngiltere’de yapılacaksa; tercümenin İngiliz noter tarafından tasdikini takiben FCO’da apostil edilmesi gerekmektedir.

Vekaletname konusunda danışmak istediğiniz bir konu olursa bize info@tbcci.org e-mail adresinden veya +(44) (0) 20 7321 0999 numaralı telefondan ulaşabilirsiniz.

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