A notary in Turkey is a person who embodies the transactions with documents and makes them conform to the law to ensure legal security and prevent disputes.
It is a profession that is important in terms of formalizing the transactions and regulating legal relations. Those who work in a notary public in Turkey are considered self-employed, although they do not have the status of civil servants.
What are the Tasks of a Notary?
Notary in Turkey binds the transactions between legal and natural persons to a legal basis and formalize the documents. In particular, a notary is responsible for the works of determination, escrow, will, and other transactions related to death as well as notification transactions. The scope of the duty of the notary public profession can be defined as follows:
- To regulate all transactions that are ordered by law or whose authorities are not specified, by the provisions of applicable laws
- To prepare real estate or vehicle sales promise contract
- Approving documents issued by other institutions, with certification procedures such as seals and signatures
- To form the original or samples of any legal transaction
- To send protests, notices, and warnings
- Certification of written documents translated from one language to another
What Work does a Notary do in Turkey?
Notaries in Turkey must graduate from law faculties of universities in Turkey or abroad. In addition to being a citizen of the Republic of Turkey, not having any forfeiture of rights that will prevent a person from being a civil servant is among the other important criteria for being a notary public. Furthermore, having lost the right to be a judge, prosecutor, civil servant, or lawyer, and being deprived of these rights constitutes an obstacle to being a notary in Turkey.
The notary public’s duty has specific and general obligations by Turkish laws.
Is It Necessary to Go to A Notary Public to Buy a House in Turkey?
Before buying a house, you need to examine the land registry and zoning status. For the contract of sale, you must go to the notary in Turkey and pay the fees. If you buy a mortgaged house without looking at the title deed, there is a danger of losing the house. When you buy a house without considering the zoning status, you may find yourself as a defendant, just as you have paid for an illegal/to be demolished real estate. When buying your house, make sure to sign your contract with a notary public in Turkey.
Turkish laws take the citizens under protection with new laws. So, notaries will take a more active role. All transactions that require changes in the title deed will be made in the presence of a notary public in addition to the approval of a notary public. With the pre-sale agreement signed in the presence of the notary, the buyer will be able to see whether there is a mortgage or lien on that house and whether the flat has been sold to someone else.
What are The Most Important Documents That are Certified by Notary in Turkey?
A notary in Turkey organizes and creates the following documents:
- Registration procedures
- Notice and warning works and notification
- Sample issuance
- Book approval
- Determination report
- Termination name
- Foundation deed of recognition
- Lease agreement
- Company agreement
- Transfer of possession agreement
- Real estate sales promise agreement
- Easement right and management of common property agreement
- Marriage agreement
- Registration Agreement with life and income
- Grant agreement in movable properties
- The ownership sales contract with custody record
- Adoption contract
- Family Foundation certificate
- Depository notes
- Certificate of deed
- Statement of custody
- Record of keeping the relic
- Lottery and meeting minutes
- Signature circular
In general, all the above-mentioned works are to be done in the presence of a notary public.
What are the Working Hours of The Notary in Turkey?
Every day, thousands of citizens have to make transactions in notary services in Turkey. Sometimes, citizens need to handle their notary transactions at the last moment. Therefore, knowing about the working hours of notaries in Turkey would be beneficial.
Notaries start working at 09:00 every weekday and continue to work until 12:00 or 12:30, which is the lunch break. Notary publics, who start working again at 13:00 or 13:30 in the afternoon1:00 or 1:30 p.m., continue to work until 17:00, which is the closing time in the evening.
A notary in Turkey does not serve on public holidays. The daily work in a notary in Turkey begins with other official offices in that place. Besides, a notary public can not accept work after working hours.
How much are the Notary Fees in Turkey?
Following the entry of the year 2022, notary fees have increased. The fees entered into force after being published in the Official Gazette. Notary fees are as follows;
- Minimum notary fee: 0.48 USD
- Notary will fee: 22.07 USD
- Notary translation fee: 11.07 USD
- License plate replacement: 19.36 USD
- Notary writing fee: 0.66 USD
- Notary escrow fee: 1.54 USD
- New vehicle registration: 14.57 USD
- Notary registration fee for each page: 0.20 USD
- Notary comparison fee: 0.66 USD
- Diploma notary approval fee: 5.63 USD
- Notary circular of signature fee: 10.35 USD
- Notary public accounting attorney fee: 13.51 USD
How to Find a Notary Public in Turkey?
Notary services are provided throughout the country due to their legal, physical, and technical infrastructures. There are many notaries in every province and district in Turkey. Thus, you can easily find a notary in Turkey who is on duty or during working hours online.
Who Controls the Turkish Notaries?
A common feature observed in the notary publics in the countries of the European Union, which exhibit a contemporary example of structuring, is that the notary publics in these countries are subject to a special control of the government. The Ministry of Justice fulfills this duty of supervision on behalf of the state since notaries generally function about the justice services.
Similarly, a notary in Turkey can work under the supervision and control of justice inspectors, public prosecutors, and the Notaries Union of Turkey under the Ministry of Justice.
How to Get a Power of Attorney From a Notary Public in Turkey?
The person who will receive the power of attorney will be able to perform this transaction only with the consent of the person who will give the power of attorney and in the presence of a notary public, with a photocopy of his ID and TR ID number. The person taking the power of attorney will not be able to carry out this process alone.
If the person to whom the power of attorney is issued lives in a different province, it is sufficient for the person who will be the attorney to reach the person who will give the power of attorney with a copy of the Turkish Republic ID card. This process can be done by courier or by sending a faster and more practical way of sending a copy of the ID photocopy past the scanner via e-mail. In this way, the person who will give the power of attorney will be able to do this in the presence of a notary public.
The documents required for granting a power of attorney are:
- 2 passport photos,
- Identity card of the person giving power of attorney and T.C. identification number,
- The name, surname of the person who will be the attorney, and T.R. identification number,
- In addition, a license document for power of attorney in vehicle sales,
- Title deed for real estate transactions,
- For foreigners, the original passport and its translation, tax number, and two passport-sized photographs of the person giving the power of attorney,
The power of attorney fee is determined based on the number of words in the document. Therefore, the number of words required for the preparation of this document will differ according to the number of words, and the number of words will differ according to the nature of the document. In this context, it is possible to give certain ranges according to the type of document, although we cannot specify a clear amount.