Car

I am an English lady with Turkish Citizenship. I bought a car from an English lady 4 years ago who was a resident here. Before I had chance to change the names on the car the owner had to return to the UK and has not been back and is unable to return due to her health.
I now wish to sell the car.
Can she give me Power of Attorney in the UK to do this and how can she or I make this document legal in Turkey ???? She is willing to do this but none of the solicitors know how to go about it. I have heard something about an Apostille but am not sure what this is ?? and the solicitors in the UK don't seem to know either
Your help is much appreciated as I am visiting the UK myself next week to visit family.
Kindest Regards
Janet Solak

Hi Janet,

First of all, the Traffic Code in Turkey requires a transaction before a notary public concerning car sales. It seems that the car is still registred in the name of the lady you had purchased it from.

Instead of reconstructing the past sales transaction between you and the ladyt before a notary public , just obtain a power of attorney from her which entitles you to sell the vehicle.

The most practical procedure is the following:

Have her give you a ?power of attorney for Sale of Motor Vehicle? before a notary public in the UK (make sure you are entitled to receive money (the relevant amount) from the buyer, which you will certainly keep.

Then this power of attorney has to be legalized for use in Turkey.

Legalisation is the verification by the Consulate of the destination country or the British Foreign and Commonwealth Office of the signature and seal of the notary (or other public officer) on a document in order to evidence to the appropriate authorities in the destination country that the notary in question is indeed a notary. For Turkey, apostille sort of legalization is sufficient.

Apostille is required for certifying legal transactions between the UK and Turkey.

An apostille (French word meaning notation) is a standard certification, a form of authentication accepted in countries which have signed the 1961 Hague Convention. This Convention abolished the requirement of diplomatic and consular legalization for public documents originating in one Convention country and intended for use in another. An apostille is often needed in adoptions, extraditions, and certain business transactions. The apostille is formatted in numbered fields that allow data to be understood by the receiving country regardless of the official language of the issuing country. With the apostille, the document is entitled to recognition in the country of intended use, and no further authentication or legalization by the embassy or consulate of the foreign country where the document is to be used is required.

Before certain documents created in the UK can be used overseas, document authentication may be necessary. It is usually required where overseas officials are not able to determine on sight the authenticity of United Kingdom documents. This is the case in Turkey.

Here are stages in order for you to clarify the process:

FIRST Notarisation in the UK - this is the attestation by a Notary Public that the signature appearing on the document is true and genuine.
SECOND Apostille - a Government Official in the country of origin has to declare the signature of the Notary Public as true and genuine: Authentication - the British Foreign and Commonwealth Office has to declare the Apostille as true and genuine prior to Legalisation.

THIRD Legalisation (NOT NECESSARY IN YOUR CASE)? the consulate of Turkey where the document is to be presented can now declare and accept the signature, seal or stamp appearing on the document as genuine. (BUT FOR TURKEY, I DO NOT THINK YOU NEED TO GO THROUGH THIS PHASE for Turkey is a party to the Hague Convention)

Which practically means the following:

Notarisation is a formality often required for documents which are to be used overseas, or for certifying document copies (in your case the transaction concerning the car). Once your document (power of attorney) has been notarised by a Notary Public, and if it is to be used in Turkey, it needs to be apostilled. This means that the U.K. Foreign and Commonwealth Office certify the Notary's signature and seal. The Foreign & Commonwealth Office will then attach an apostille or a Legalisation Certificate to the document.

Once your document has been notarised and apostilled in the UK, I think, you may use it directly in Turkey and it does not need to be legalised by the Consulate of Turkey (because Turkey is a party to the Hague Convention)

For further information, call Turkish Ministry for Foreign Affairs in Ankara.

Sincerely,

Dr. Didem Aydın
Associate Professor and Attorney at Law

Alıntı: Alıntı yapılan mesajın sahibi: janetsolak I am an English lady with Turkish Citizenship. I bought a car from an English lady 4 years ago who was a resident here. Before I had chance to change the names on the car the owner had to return to the UK and has not been back and is unable to return due to her health. I now wish to sell the car. Can she give me Power of Attorney in the UK to do this and how can she or I make this document legal in Turkey ???? She is willing to do this but none of the solicitors know how to go about it. I have heard something about an Apostille but am not sure what this is ?? and the solicitors in the UK don't seem to know either Your help is much appreciated as I am visiting the UK myself next week to visit family. Kindest Regards Janet Solak