Contract and Power of Attorney Translation

With this family of documents, translation transfers rights rather than information. Choose the wrong adjective or the wrong conjunction and you may widen the scope of an authority or extinguish an obligation. In legal texts, fidelity therefore comes before fluency.

The question of scope in a power of attorney

Powers of attorney fall into two groups according to their scope. A general power of attorney confers broad authority; a special power of attorney is drawn up for one particular transaction only. Certain transactions – the sale of immovable property, for instance – can be carried out only under a power of attorney containing express authority for that transaction; general wording will not do.

In translation, the wording that fixes the scope is handled with surgical care. Authorities such as ahzukabz (to receive and collect on the principal’s behalf), sulh ve ibra (to settle and release) and tevkil (to appoint a substitute) are concepts particular to Turkish law, and each creates a distinct right. Reducing them to a general phrase such as “authority to take the necessary steps” either renders the power of attorney useless or, conversely, makes it look unlimited.

The identity details of the attorney, the duration of the authority and whether it can be revoked are equally inseparable parts of the text. Powers of attorney for the sale of immovable property carry a photograph of the principal; the presence of that photograph is noted in square brackets in the translation. The revocation instrument, the azilname, is a separate document and its translation demands the same rigour.

Powers of attorney drawn up abroad

Someone living abroad who wishes to grant authority for a transaction in Türkiye has two routes. The first is to have the power of attorney drawn up at the Turkish consulate in the country of residence; that document is prepared in Turkish and used directly in Türkiye, with no translation needed.

The second is to have it drawn up before a notary in the country of residence. The document is then in that country’s language, is apostilled in the source country, and is translated in Türkiye by a sworn translator and notarised. The second route takes longer, but it may be the only option when no consular appointment can be found.

The same logic works in reverse: where a power of attorney drawn up in Türkiye is to be used abroad, the apostille is obtained from the relevant judicial justice commission, because it is a notarial instrument, and the document is then translated into the target language. Some countries require a second apostille on the translation; that chain needs planning from the outset.

Bilingual contracts and the governing text

International commercial contracts are frequently drawn up in two languages. In such texts the most critical provision is the clause determining which language version prevails in the event of a dispute. Where that clause is absent, even the smallest divergence between the two versions can turn into a long argument.

Before translation begins, the existence and content of that clause have to be known. If the governing text is the Turkish one, the version in the target language counts as informative and is prepared on that footing. If the governing text is in the target language, the responsibility is far heavier and the terminology has to be chosen to suit the legal regime of the contract.

Contracts also contain governing law and jurisdiction clauses. The names of countries, cities and courts in those clauses are carried across exactly. Where there is an arbitration clause, the name of the arbitral institution and its rules are likewise preserved word for word; institutional names are not translated.

Annexes, signature blocks and layout

The annexes to a contract bind the parties just as the body does. Price lists, technical specifications, service level tables and confidentiality annexes often sit in separate files and are referred to in the body as “Annex 1”, “Annex 2” and so on. Having only the body translated leaves out the measurable part of the contract.

Annex numbers and titles have to match the cross-references in the body exactly. If the title of an annex changes in translation, the reference in the body points at nothing and the text becomes internally inconsistent. The same holds for clause numbers; the numbering is preserved and never merged.

Signature blocks are part of the text too. The parties’ titles, the name and capacity of the signatory, and the date and place of signature are all carried across in full. The wording of stamps is described in square brackets. Where an electronic signature has been used instead of a wet one, that is stated separately.

When the page layout and paragraph numbering are preserved, the two language versions meet at the same point whenever a party refers to a particular clause. Should a dispute arise, that alignment becomes the most tangible benefit the translation offers.

Consistency of terminology and defined terms

Well-drafted contracts open with a definitions section: terms such as “Seller”, “Buyer”, “Product” and “Delivery Date” are capitalised and used in the same sense throughout the rest of the text. Fixing each of these defined terms to a single equivalent in translation is not optional.

Translating the same term differently in different clauses creates the impression that the contract contains two separate concepts. In long contracts that consistency can only be secured with a term list, and where the text is split between several translators the list becomes more critical still.

Commercial contracts also contain the international abbreviations for delivery and payment. These abbreviations are standard worldwide and are not translated; they are left as they are. Amounts, currencies, payment terms and default interest rates, on the other hand, are where numerical accuracy is at its most sensitive.

Long contracts also repeat a set of standard provisions: force majeure, termination, confidentiality and assignment clauses appear in almost every text. Using the established equivalents for these makes the text both readable and legally familiar; trying out a fresh formulation each time only leaves the parties uneasy for no reason.

Purpose and level of certification

Document and purpose	Place of execution	Level of certification
Power of attorney for a transaction in Türkiye	Consulate	No translation needed
Power of attorney for use abroad	Notary	Notarisation + apostille
Power of attorney for sale of immovable property	Notary (with photograph)	Notarisation + apostille
International commercial contract	Between the parties	Sworn, notarised if required
Contract for submission to a foreign court	Between the parties	Notarisation + apostille

Differences from country to country

France requires the translator to appear on the official list of a court of appeal; a translation from anyone else will not be accepted. Romania asks for a translator authorised by the Ministry of Justice together with notarisation, so two layers are compulsory. In China the translation must be produced by an officially registered company and bear its seal; a statement from an individual translator does not count. Conditions country by country are set out in our countries guide.

Mistakes commonly made with legal texts

• Merging the special authorities in a power of attorney into general wording.
• Translating defined terms with different equivalents across the text.
• Overlooking the governing-text clause and misjudging the exposure in a bilingual contract.
• Translating the names of courts, arbitral institutions and companies.
• Leaving the notary’s register number, date and stamp text out of the translation.
• Trying to have a power of attorney apostilled at the governor’s office; a notarial instrument is a judicial document.

Let us look over the text before it is signed

With legal texts, the most valuable intervention is the one made before the document is signed. Settling at the outset which authorities the power of attorney needs to contain, and which language version of the contract will govern, is far more effective than any correction made afterwards. Target languages are on our languages page and the basis on which we work on our pricing page; you can share your draft through the quotation form.

This page is for information only; the format of the document and the chain of certification vary according to the country in which the transaction takes place. It is worth checking the current requirements against an official source.