Power of attorney for Türkiye: how a U.S. company signs, notarizes and apostilles it

This guide is for U.S. companies that need Turkish counsel to file enforcement proceedings, a lawsuit, a concordat claim or a precautionary attachment request in Türkiye (Turkey). It covers who signs, before whom, how the document is authenticated in the United States, and what happens to it in Türkiye. It does not cover powers of attorney for real estate transactions at the land registry, which follow separate rules.

Use our power of attorney checklist for U.S. companies alongside this guide.

Why Turkish courts need a power of attorney#

Under Article 76 of the Code of Civil Procedure (HMK), a lawyer must file in the court or enforcement file the original of a power of attorney notarized or drawn up by a notary, or a copy certified by the lawyer. Under HMK Art. 77, a lawyer who does not file it cannot bring an action or take procedural steps. Where delay could cause harm, the court may let the lawyer act and set a peremptory time limit to file the document; if it is not filed, the action or steps are treated as never taken.

For a foreign creditor, this means the power of attorney is the first document on the critical path. A precautionary attachment application or a request for enforcement cannot move until it is ready.

Three routes compared#

Why the consulate route is usually not available to a U.S. company#

Article 195 of the Notaries Law No. 1512 provides for consular approval of the signature and seal of the foreign authority on notarial acts done abroad, subject to special laws. The Apostille Convention is such a special regime, and HMK Art. 224(2) preserves treaty rules on authentication of foreign public documents.

In its 2024 information note, the Turkish Consulate General in New York states that it issues company powers of attorney only for companies registered in the Turkish Trade Registry Gazette and does not issue them for foreign companies. The same note says the consulate does not certify signatures or seals on documents notarized by U.S. notaries; those documents are submitted to Turkish authorities after an apostille.

The U.S. notary route, step by step#

Türkiye approved the 1961 Apostille Convention in 1984 and it entered into force for Türkiye in 1985 (as noted by the Court of Cassation, 12th Civil Chamber, E. 2019/566, K. 2020/714, February 3, 2020). The United States is also a party. An apostille replaces consular legalization between the two countries.

1. Signing before a notary public#

The authorized officer signs the power of attorney before a notary public, who completes a notarial certificate such as an acknowledgment. HMK Art. 76 accepts a power of attorney "approved" by a notary, so a signature certification is enough; the notary does not have to draft the text.

Check the notary's commission details on the certificate. The commission expiry date printed on a notary's seal is not an expiry date for the power of attorney or the apostille.

2. County clerk authentication, where required#

In some states the apostille authority certifies only signatures of state officials or county clerks. In those states, the notary's signature is first authenticated by the clerk of the county where the notary is commissioned, and the apostille then certifies the clerk's signature. New York follows this two-step chain. Other states apostille notarial signatures directly. Check the requirement of the state where the document is signed before booking the notary.

3. Apostille from the same state#

The apostille must come from the competent authority of the state where the document was notarized. In a case decided by the Court of Cassation, a power of attorney notarized in Florida carried an apostille issued by U.K. authorities; the court held it was not a valid apostille, and also noted that it was unclear which document the apostille related to (11th Civil Chamber, E. 2017/4867, K. 2019/1249, February 18, 2019).

The apostille should be placed on the document itself or on a page attached and sealed to it, so that it clearly relates to the power of attorney. Where apostilled, a foreign notarial power of attorney and its Turkish translation are used without consular legalization (12th Civil Chamber, E. 2019/566, K. 2020/714).

For which office apostilles other U.S. documents, and the full order of steps, see apostille for documents used in Türkiye.

4. Sworn translation and notarization in Türkiye#

A party relying on a foreign-language document must file a translation, and the court may require an official translation (HMK Art. 223). In practice, a sworn translator in Türkiye translates the apostilled original and a Turkish notary certifies the translation. The apostille stays on the English original; it is not placed on the translation.

5. Filing and keeping the original#

Counsel files the apostilled original, or a lawyer-certified copy, with the certified translation (HMK Art. 76(1)). Keep the original in a safe place: it may be needed for several files, and a court may ask to see it.

Corporate authority documents#

Turkish courts and enforcement offices may ask for proof that the person who signed could bind the company. In practice the following are prepared alongside the power of attorney and authenticated the same way:

• A certificate of good standing or status from the state of incorporation.
• A secretary's certificate or board resolution naming the signing officer and confirming authority.
• Where the company name on invoices differs from the registered name, a short explanation.

Each of these documents needs its own apostille and translation if it is filed in Türkiye.

Powers the document should include#

Under HMK Art. 74, unless expressly authorized, a lawyer cannot settle, waive or accept a claim, refer a dispute to arbitration, use alternative dispute resolution, lift an attachment, request the client's own bankruptcy, consent to a concordat proposal, appoint a substitute lawyer or seek a retrial. A power of attorney for collection in Türkiye usually covers:

• Enforcement proceedings, lawsuits and appeals in all Turkish courts and enforcement offices.
• Precautionary attachment, attachment, sale and collection, and lifting attachments.
• Depositing and withdrawing security and counter-security.
• Filing claims in concordat and bankruptcy, voting, and consenting to concordat proposals.
• Mediation and other alternative dispute resolution, settlement, waiver and acceptance.
• Arbitration agreements and arbitration proceedings.
• Receiving payments on the company's behalf.
• Appointing substitute lawyers.
• Obtaining a Turkish tax number for the company and accessing the electronic court system (UYAP).

Discuss with counsel whether to limit the power to receive payments, for example by requiring transfer to a named company account.

What Turkish counsel checks when the original arrives#

Before the document is used, counsel typically checks:

1. Match between notary and apostille. The apostille names the notary (or county clerk) whose signature it certifies, and the state matches the place of notarization.
2. Physical attachment. The apostille is on the document or on a page attached and sealed to it.
3. Signer and company. The officer's name and title match the corporate authority documents, and the company name matches the registry and the invoices.
4. Powers. The text covers every step the matter may need, including the special powers in HMK Art. 74.
5. Translation. The sworn translation covers the full document, including the notarial certificate and the apostille, and is certified by a Turkish notary.

If any of these fails, it is usually faster to sign a new document than to argue about the defect in court.

Using the same document in several matters#

A well-drafted general power of attorney can be filed in several enforcement files and lawsuits against different Turkish debtors. Counsel files a lawyer-certified copy in each file and keeps the original (HMK Art. 76(1)). A later change of the company's officers does not by itself end a power of attorney given by the company; new documents signed by new officers will need fresh proof of their authority.

Common errors#

• Apostille from the wrong state or country. It must come from the state where the document was notarized.
• Apostille on the translation. The apostille belongs on the original; the translation is certified in Türkiye.
• Unclear attachment. A loose apostille page that does not clearly relate to the document invites a challenge.
• Missing special powers. A general clause is not enough for settlement, mediation, waiver or concordat consent.
• No proof of signatory authority. The officer's title alone may not be accepted.
• Mismatched names. The company name must match registry records and the invoices, or the difference must be explained.

Template structure#

A practical format is a two-column bilingual document, English on one side and Turkish on the other, with the company's full registered name, state of incorporation and registration number, the officer's name and title, and the lawyer's details. Even with a bilingual text, the document filed in Türkiye is accompanied by a certified Turkish translation. Counsel can provide a draft so that the powers match Turkish procedural terms.

How long it takes#

The time depends on the notary appointment, the county clerk step where it applies, the state's apostille processing time, international courier and translation in Türkiye. Ask counsel for the draft early and check the state authority's current processing options. No timeline is guaranteed.

Bottom line#

For a U.S. company, the reliable route is a power of attorney signed before a U.S. notary, authenticated where required by the county clerk, apostilled by the same state, and translated and certified in Türkiye. The text should list the special powers Turkish law requires. Getting the chain right the first time avoids delay at the moment speed matters most, for example before a precautionary attachment request.

Frequently asked questions

Law stated as at: October 11, 2026. Leyla Başkaya Şentürk is a lawyer (avukat) admitted to the Istanbul Bar Association, Türkiye (Reg. No. 67063). She advises on Turkish law only, is not admitted to practise law in any U.S. jurisdiction and does not advise on U.S. law. Content on this website is general information, not legal advice, and no outcome is promised. Using this website or submitting the contact form does not create an attorney-client relationship.