{"id":24466,"date":"2023-01-19T20:35:28","date_gmt":"2023-01-19T17:35:28","guid":{"rendered":"https:\/\/www.bicakhukuk.com\/?p=24466"},"modified":"2023-01-22T15:00:45","modified_gmt":"2023-01-22T12:00:45","slug":"notarization-of-documents-by-a-notary-in-turkey","status":"publish","type":"post","link":"https:\/\/www.bicakhukuk.com\/en\/notarization-of-documents-by-a-notary-in-turkey\/","title":{"rendered":"Notarization of documents by a notary in Turkey"},"content":{"rendered":"

The notary is engaged in a public service activity while being members of a profession. He is appointed by the Minister of Justice<\/a>. He ensures the notarization of documents. The purpose of notarization of documents is to guarantee the legal certainty of contracts and to ensure their full effectiveness. Therefore, notarization is the essential condition for the success of the contract of the life of individuals (real estate purchasing, marriage contract, donation, inheritance, \u2026) and professionals (professional estate purchasing, commercial lease transfer, business succession,\u2026). Plus, notarization gives as much protection as a private insurance.\u00a0<\/span><\/p>\n

Legislator considers some willpowers so important that they must be notarized mandatorily by a notary (power of attorney<\/a>, company share purchasing,\u2026). All other legal acts may be notarized by a notary in order to increase the quality and safety of them (residential lease, marriage contract, donation, real estate purchasing promise, will, articles of association, sale of securities, \u2026).<\/span><\/p>\n

The notary is the guarantor of consent and understanding<\/span><\/h3>\n

It ensures the free and informed consent of the contracting parties and provides them with all the advice and information essential to the proper understanding of the terms and legal consequences of the act.<\/span><\/p>\n

The notary is the guarantor of security<\/span><\/h3>\n

It gives the will (irade) a probative force higher than any other type of legal act. The sincerity of a notarial act can not be challenged except if the criminal responsibility of the notary is entailed.<\/span><\/p>\n

What is the role of a notary in Turkey?<\/span><\/h3>\n

The main activity of a notary in Turkey is to draft and record legal documents in civil law outside of litigation, especially in the fields of real estate, family and inheritance law as well as corporate law (e.g., last will and testament, agreements, incorporation of companies, real estate purchase agreements, etc.).<\/span><\/p>\n

However, the assistance of a notary is not mandatory for real estate purchase agreements. In corporate law, Turkish lawyers or law firms are entitled to undertake incorporations of companies, transfer of shares and registration in the trade register without the assistance of a notary.<\/span><\/p>\n

Authentication of a signature<\/span><\/h3>\n

Notaries in Turkey also have the authentication power of signature, especially for the authentication of a signature in Turkey in the aim of concluding a notarial agreement in Turkey. Signature authentication is a simple material verification of your signature in order to present your documents in Turkey or abroad. To be certified, a signature must be affixed in the presence of a notary public. The notary public does not certify the substance of the document, but only the identity of the signatory and the veracity of the signature. The authentication of signatures takes place in notary office by appointment or at your premises on request.<\/span><\/p>\n

Capacity of the director<\/span><\/h3>\n

The certificate of capacity of the director attests to the legal capacity of a signatory to commit the company of which he is the legal representative. The certificate of capacity can only be established for companies under Turkish law, on the basis of the original or certified articles of association of the company and the minutes of appointment of the director concerned.<\/span><\/p>\n

Execute real estate sales contracts<\/span><\/h3>\n

The Law on the Amendment of the Law on Judges and Prosecutors and Certain Laws (\u201cLaw\u201c) published in the Official Gazette dated 28 June 2022 and numbered 31880<\/a> made significant amendments to Notary Law No. 1512<\/a> and enabled public notaries to\u00a0execute real estate sales contracts.<\/span><\/p>\n

The regulation authorizing notaries to execute real estate sales contracts, which has been on the agenda for a long time, was expected to enter into force on 1 January 2023. However, the Presidential Decision<\/a> (\u201cDecision\u201c) on the Extension of the Period of Provisional Article 21 of the Notary Law until 1 July 2023 was published and the Decision postponed the deadline for the completion of the installation of the system required for the sale of real estate by notaries until 1 July 2023.<\/span><\/p>\n

Notaries are not allowed to provide legal advice<\/span><\/h3>\n

Notaries in Turkey are not allowed to provide legal advice. Their authentication power and the fact that in some cases the assistance of a notary is mandatory serves different purposes: the assistance of a notary is necessary in particular for proving the validity of a legal act. Furthermore, it helps the client understand the consequences and legal effects of the documents he or she intends to sign. This prevents the client from taking actions that go against his or her own interests. The authentication by a notary also shows evidence that a copy is conform to the original document. It can therefore be a legal requirement for some legal acts, such as for the issuing a power of attorney for a lawyer.<\/span><\/p>\n

Profession of Notery<\/span><\/h3>\n

Notaries are public officers in Turkey, appointed by the Minister of Justice<\/a>, entrusted by the State with mission of public service. To carry out their mission, the State delegates part of the public authority to the latter: they ensure the public service of authenticity. This means that they have several elements of governmental authority, which it receives from the State.<\/span><\/p>\n

Although vested with public authority, the notary exercises his functions in a liberal context, therefore it is a modern form of public service which doesn\u2019t cost the state, since it assumes the economic liability of its examination. It is a liberal professional, paid by its clients (and not by taxpayers) at a rate which is set by the state for the service it provides.<\/span><\/p>\n

The number of notaires in each provinces and sub-provinces are limited, and their fees fixed by law. Their functions include the preparation and recording of notarial acts (i.e. wills, deeds, acts of incorporation, contracts and serving as the repository of wills.\u00a0 They are lawyers, but not allowed to act as attorneys. They may not represent clients in court.<\/span><\/p>\n

What status does a notary have in Turkey?<\/span><\/h3>\n

Even though a Turkish notary has a public authority mission, he works as a self-employed professional. A notary has to respect his professional duties of assistance, neutrality, probity, impartiality and secrecy. Once a year, an unannounced control of the accounting and the legal activities of the notary is organized by the Public Prosecutor. The report of this control is handed in to the President of the Chamber of Notaries as well as to the Public Prosecutor.<\/span><\/p>\n

Turkish notaries are paid by their clients (not by taxpayers) pursuant to the rates (identical for all notaries) fixed by the Ministy of Justice. The compensation paid to the notary actually includes much more than the fees alone:<\/span><\/p>\n