The notary is engaged in a public service activity while being members of a profession. He is appointed by the Minister of Justice. 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, …) and professionals (professional estate purchasing, commercial lease transfer, business succession,…). Plus, notarization gives as much protection as a private insurance. 

Legislator considers some willpowers so important that they must be notarized mandatorily by a notary (power of attorney, company share purchasing,…). 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, …).

The notary is the guarantor of consent and understanding

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.

The notary is the guarantor of security

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.

What is the role of a notary in Turkey?

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.).

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.

Authentication of a signature

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.

Capacity of the director

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.

Execute real estate sales contracts

The Law on the Amendment of the Law on Judges and Prosecutors and Certain Laws (“Law“) published in the Official Gazette dated 28 June 2022 and numbered 31880 made significant amendments to Notary Law No. 1512 and enabled public notaries to execute real estate sales contracts.

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 (“Decision“) 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.

Notaries are not allowed to provide legal advice

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.

Profession of Notery

Notaries are public officers in Turkey, appointed by the Minister of Justice, 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.

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’t 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.

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.  They are lawyers, but not allowed to act as attorneys. They may not represent clients in court.

What status does a notary have in Turkey?

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.

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:

• Taxes collected for the Treasury. The notary is required by the Turkish State to collect specific taxes from his / her clients in order to transfer that payment to the Treasury;
• Service fees of the notary.

As the notary has a duty towards public interest, his or her fees are fixed by legal provisions. The fees fixed by the Ministry of Justice are composed of a fixed rate and a proportional rate. The fees are determined by the regulation and vary according to the value of the act. 

How is the profession organized in Turkey?

Some 2.061 notaries are registered in the Union of Notaries in Turkey is deemed incompatible with some other professions. For instance, a notary shall not exercise the profession of a lawyer in Turkey. A notary in Turkey shall not exercise any commercial profession either.

The number of notaries admitted is determined by a report of the Minister of Justice corresponding to the needs of the population. The appointment as notary results from an act of state by the Turkish Minister of Justice.

Notaries are assisted in their everyday work by a clerk. The one known as a first clerk plays a special role among the clerks and requires special training. Under the supervision of a notary, the first clerk is entitled to draft contracts and legal acts.

What to bring to your appointment

A Notary Public is required by the professional regulatory body to keep accurate records and to identify each client. As a consequence of this, it’s important you are able to prove your identity and address.

Your identity can be proven by any government-issued ID, such as your passport. Your address can be proven with a bank statement or bill.

The certified copy attests to the exact conformity of a reproduction with an original document. The applicant must come to the office by appointment with the original document.

If you require documents such as powers of attorney, affidavits or declarations, it helps if you already have a draft. This can be provided by your lawyer or notary from the foreign jurisdiction it is intended for. If you don’t have this, we can do it for you. 

We asses each case individually and offer fair and competitive pricing, with premium services also available.

Additional services are also offered, depending on your requirements. These include:

• Drafting of documents
• Apostille
• Document translations
• Courier service.

Simple and smooth solutions 

We offer continuous support and always strive to meet the individual needs of our clients. Bicak Law provide regular updates on all the progress being made with each case. trong relationships with our business clients are reflected in our excellent client feedback.

Our remote services give us the edge when it comes to being on hand when you need us. Our range of locations means we’re never too far away.

Bicak Law Firm provides simple and smooth solutions for notary and legalisation requirements for you and your business. If you have any questions about our notary, apostille or consular services, contact us today!