Before that, last year we had a Dubai-based client approach us after having more than two thousand dirhams spent on a notary, courier and apostille. The Turkish registry sent the document back. He had done everything but in the wrong order. No one told him that there’s a correct order to do things. This is a widely spread case when it comes to Company Formation in Turkey. It is not about the company itself but the paperwork.
Can a UAE Document Get an Apostille for Turkey?
When using UAE documents for Turkey, the process isn’t as simple as you might think. The UAE is not a member of the Hague Apostille Convention adopted in 1961. Turkey is. Thus, an apostille cannot just be affixed to any UAE document and sent off.
Most UAE documents meant for Turkey go through a chain process instead. First, the document gets notarized in the UAE and then the Turkish embassy or consulate legalizes the document. Depending on the document type, the authority that issued it and the Turkish office, some procedures have to be followed to obtain the final result. E.g. a power of attorney will not require the same steps as a certificate of incorporation.
Notarisation, Legalisation, Apostille and Translation Are Not the Same Thing
Many people confuse these definitions, and that can lead to mistakes that costs money.
The acts of notarisation do not guarantee the acceptance of the paper in foreign countries; it is just a confirmation that a signature or a copy of a paper has been verified. Legalisation or authentication ensures the legitimacy of the signatures and stamps on the paper but goes through a certain amount of checks and approvals. Apostille is just one issued document but this is only for the countries which are users of the Hague Convention. Sworn translation allows getting a Turkish version of the document but does not make the original valid in any way.
It is important not to confuse these procedures with one another as each of them plays a unique role in the process.
Which Documents Will the Registry Ask For?
The requirements are determined by the purchaser of the business. In the case of an individual shareholder, he/she may need to provide copies of their passport, proof of address when applicable, and power of attorney in case someone else will take care of the application process. Additional declarations may be required by the corporation registry so the requirements provided to you at the beginning are only the minimum.
If the purchaser is a corporate shareholder, the documentation needed for the application will be more comprehensive. The most common documents include the certificate of incorporation, recent good standing certificate if the corporation registry requests this document, memorandum and articles of association, and board resolution approving the Turkish investment. Evidence of who is authorized to sign on behalf of the company and a power of attorney for the representative will be solicited as well. Make sure to clarify whether original documents are needed and if any specific documentation has to be obtained within a definite period of time.
Working Through the File, Step by Step
Start by asking the registry or your Turkish adviser for the list of documents required. Then check the originals. Make sure all company names, registration numbers, dates and signatory details are the same in every single page before stamping.
Then notarisation follows wherever applicable. Each of the public records and private corporation papers and again power of attorney papers has its own rules to comply with. After that, go through the steps of UAE procedure and that of approval of the Turkish office.
Translation is done at last. Translate only the final version that has already been authenticated. Translators know their job perfectly, but they cannot fix documents that are still awaiting stamps. Many applicants suffer translation costs because they translate documents at the wrong time.
Before you submit the paperwork, go through the entire file one more time in order to check that there are no minor discrepancies like “Trading LLC” in one part of the paperwork and “Trading L.L.C.” in another.
What Makes Sworn Translation Different?
A sworn translation is done by a sworn translator and is recognized as an official document. A translation done by an independent translator may also look quite similar, but the authorities may not approve it. Some organizations want the translation to be certified by a Turkish notary, while others simply want it to be stamped by a translator. Make sure to clarify which option is acceptable for your case before placing the order.
Also, accuracy is far more important than the style. A wrong date or transliterated name can cause your translation to be discarded.
Where Applications Usually Go Wrong
Most rejections result from issues that could have been addressed beforehand. The most significant issue is believing that a UAE apostille will suffice. Firms that pledge to deliver one while failing to explain the legalisation chain usually create problems. Second comes sequencing when the translation occurs prior to authentication, or legalisation occurs prior to notarisation. Third, the discrepancies between documents create doubts even if all documents are authentic.
There is also a conflict with power of attorney documents. The paper should give exactly the authority that the representative will be using, and it should be signed properly. Scans may be able to pass a preliminary check, but a formal submission may still require original documents. Corporate papers also have an expiration date—a certificate issued some time ago may no longer be valid.
Cost and Timing
Costs increase with the quantity of documents and the number of agencies involved. A corporate stockholder having six documents will pay considerably more than an individual holding a passport and one power of attorney. The requirement of translation with notarized certification adds additional complexity.
Time follows the same logic. Appointments available, corrections of documents, and the queue for translation all enter the equation impacting how long the process lasts. Do not rely on any particular date for planning. Leave wiggle room in your schedule and reconfirm present prices and processing times with the authorities providing you their services.
Can You Do It Without Flying to Turkey?
At times, a correctly drafted power of attorney enables a legal representative to participate in some stages of the registration process. However, it is important that the document specifies the extent of the representative’s authorization and undergoes the validation process.
Nevertheless, remote registration has its limitations. For example, when it comes to banking operations, identification verification, and some licenses, it may be required of you being personally present or taking care of additional documentation. Therefore, it is advisable to inquire about each action individually rather than relying on the belief that everything may be executed from abroad.
Frequently Asked Questions
Will apostilles be issued for the documents from the UAE meant for Turkey?
Not directly as UAE is not a member of the Hague Convention; therefore, its documents usually go through notarization or attestation first before consular legalization.
Are translators needed for UAE company documents for Turkey?
Most of the time, yes. Documents that were originally in English or Arabic will also need to be translated into Turkish as per the register’s requirements.
Should power of attorney be legalized and notarized?
The answer is most of the time yes unless it is the power of attorney that is issued for the purpose of use in Turkey. The steps depend on where the document is signed and which Turkish authorities are accepting it.
Is it permissible for UAE businesses to be shareholders in Turkish businesses?
Yes it is permissible for corporations to be shareholders in companies based in Turkey but only if they bring necessary documents like incorporation certificate and board of directors’ resolution.
What if the register sends me back my file?
You are to inform them about it in writing and clarify the issue. Subsequently only the particular issue must be addressed and you don’t have to do everything
Conclusion
Most of the delays related to Company Formation in Turkey I encounter are not due to the business itself. Rather, they stem from documents that were legalised, translated or notarised out of the correct order. Confirm the route for your own papers before you spend money on any of it.
Dubai Business & Tax Advisors can assess your documents and provide the advice needed for your correctly structured shareholder arrangement in case you would like to receive advice on the topic. Provide us with company databases and information that you have already prepared and we will let you know what else you need to do.
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