Power of Attorney Translation for Germany

The scope of authority must name the transaction

When a German notary (Notar) carries out a transaction, they want to see that the power of attorney expressly confers authority to do it. In a GmbH share transfer, for instance, the power of attorney is expected to contain concrete authority relating to the shares (Geschäftsanteile). The broad powers in the text of a Turkish “general power of attorney” may be found insufficient if no specific transaction is named. The translation must therefore convey the enumerated powers in the text in full and in concrete terms; a vague statement of authority leads to the transaction being refused. The translator’s task is not to interpret the authority but to carry the scope set out in the document across into German legal language exactly.

Party identity details and consistency of names

The party details in the power of attorney – the names of the grantor and the attorney, identity or passport numbers, addresses – are carried across exactly in the translation. The German notary cross-checks these against the identity document, the signature circular and the registry record; even a small variation in the spelling of a name will stop the transaction. Turkish characters must be transliterated the same way across every document; if the spelling of a name in the passport conflicts with the spelling in the power of attorney, the identity of the party cannot be verified. The translation therefore carries names and numbers over as they stand, without interpretation.

Term equivalents

In translating a power of attorney, the correct rendering of certain legal concepts determines how readable the document is. The equivalents below are indicative only; what governs is the concrete wording of the text.

It is worth going over the following points before delivery:

• Verify that the scope of authority names the transaction the German notary will be carrying out.
• Check that the notary’s attestation block and the apostille certificate have been taken into the translation in full.
• Confirm that the translation carries the stamp and declaration of accuracy of a beeidigter Übersetzer.
• Make sure the names of the parties are consistent with the spelling in the passport.

The chain of authority where the power is granted for a company

If the power of attorney is granted on behalf of a company, it must separately be proved that the signatory is authorised to represent that company. The proof consists of a currently dated registry record and a signature circular; both must be translated and submitted together with the power of attorney. The German notary reads from these documents whether the grantor held the authority in question. On its own, even a correctly translated power of attorney remains incomplete if the chain of authority behind it is not shown. The translation of the power of attorney and of the supporting documents should therefore be planned on the same timetable.

Powers of attorney with a photograph, the attestation block and the consular distinction

A Turkish notary will often draw up a power of attorney with a photograph of the grantor affixed to it; the presence of that photograph is recorded in the translation with the note [photograph], since it is an identity-verification element of the document. The attestation block at the end of the document – the form of the instrument, the notary office, the entry number and any explanatory annotations – is an inseparable part of the text of the power of attorney and must be taken into the translation in full. Translating only the body of the power of attorney and skipping the attestation block leaves the document half-finished as far as the German notary (Notar) is concerned; the apostille certificate is translated in the same way. The translation must cover every page of the source document, and the pages must be presented as a single bound whole.

Where a power of attorney has been drawn up at a Turkish consulate while you are abroad, the process runs differently; such a document is in most cases meant for a transaction in Türkiye and does not always take the place of a local power of attorney to be submitted to an authority in Germany. Deciding at the outset which document will be used in which country prevents time lost on a power of attorney drawn up in the wrong place.

The notary, apostille and beeidigter Übersetzer chain; the most frequent mistakes

A power of attorney drawn up in Türkiye is signed before a notary, then receives an apostille certificate at the governor’s office or district governor’s office, and is translated in that state. The order matters: the notary’s signature first, then the apostille, and the translation last. A translation submitted to an official body in Germany must bear the stamp and declaration of accuracy of a translator sworn before a court (beeidigter Übersetzer). The translation must cover the text of the power of attorney, the notary’s attestation block and the apostille certificate together. The most frequent mistakes are: having the translation done before the apostille, rendering the scope of authority vaguely, and leaving the notary’s attestation block out of the translation. Germany is a party to the Hague Apostille Convention; confirm the current position from the official HCCH list.

You can see the level of approval required for other documents on our document types page, review the cost on our pricing page, and upload your document to request a quotation. This page is for general information and is not a substitute for legal advice; confirm current requirements with the authority that will handle the transaction.