Can a Founder Abroad Establish a Foundation in Turkey?

Foreign Elements and International Activities

Prepared by: Constantinople

A founder living abroad does not automatically prevent formation of a foundation in Turkey. A Turkish citizen abroad and a foreign person establishing a new Turkish foundation are, however, different situations. Legal and factual reciprocity requirements are examined for foreign nationals. The requirement that a majority of a new foundation's administrators be resident in Turkey also affects planning. A foundation already established abroad opening a Turkish branch is subject to a separate permission regime.

Formation by official deed can be carried out through a representative; the form and content of the authority document matter. The document must identify the foundation's purpose and property and rights to be allocated. A generally worded power of attorney cannot be assumed to cover every formation act. For a foreign legal-person founder, documents establishing its existence, competent body and resolution allocating assets are also assessed. The translation and authentication chain for foreign documents used in Turkey is checked separately.

Before starting, tell the lawyer the citizenship and residence details, number of founders, country where assets are situated and proposed administration structure. An apostille alone does not create formation authority; formal usability and substantive scope are separate questions. Which notarial and court-stage acts can be performed through a representative must be distinguished for the file. The same power of attorney is not promised to suffice for every formation, banking and property transaction.