Sending Notarial Records to Courts and Enforcement Offices

Why article 55 of the Notaries Law was changed

Article 55 of the Notaries Law no. 1512, which governs the examination of notarial records and registers, was rewritten in full by article 2 of law no. 7589. The amendment was published in the Official Gazette of 31 July 2026 (issue 33326) and entered into force on that date.

Its purpose is to speed up the transmission to the courts and prosecutors of notarial documents frequently needed in proceedings, and to remove the charges attaching to that step.

In practice these documents arise most often in enforcement and tenancy disputes: notices, undertakings to vacate, guarantees, powers of attorney and promises to sell. For our work in this field, see our Antalya enforcement lawyer page.

Who may examine notarial records?

The opening sentence lists those with power to examine. Notarial records and registers may be examined by the courts, the magistrates in criminal matters and the public prosecutors' offices, by official departments, or by persons authorised to conduct an investigation at the notary's office where the subject matter is also stated.

The condition in that last case is notable: examination by a person authorised to investigate requires that the subject matter has been stated. There is no unlimited power of examination without a stated subject.

Parties and their representatives are not listed; access to a document is generally obtained through the court or the enforcement office, on application within the file.

What happens if the original is requested?

The article sets out expressly what follows where the original is requested. Where a court, a magistrate in criminal matters or a public prosecutor's office requests the original of a notarial document, the notary produces a copy and certifies its conformity with the original.

The notary keeps that certified copy in place of the original and sends the original to the requesting authority.

This prevents a gap in the notarial archive while allowing the court to examine the original document. The distinction matters in practice where a signature has to be examined.

Where a certified copy is requested: electronic transmission is the rule

The clearest innovation concerns how certified copies are transmitted.

Where a court, a magistrate in criminal matters, a public prosecutor's office or an official department authorised to investigate requests a certified copy, the notary produces it by scanning the original and signing it with a secure electronic signature, and sends it to the requesting authority electronically.

Where electronic transmission is not possible, the notary certifies conformity with the original and sends the certified copy.

Electronic transmission is thus the rule and physical transmission the exception. That is aimed in particular at shortening waiting times where documents are requested from notaries in other provinces.

No charge is made for these steps

The closing sentences deal with the financial side, the point most often asked about in practice.

First, no daybook number is assigned to steps taken under this article. As the daybook number forms the register of notarial transactions, this indicates that the step is not recorded as an ordinary notarial transaction.

Financially the rule is plain: apart from postage and the travel cost set by the tariff issued under article 112 of the Notaries Law, no fee is charged, including charges, taxes and the cost of stamped paper.

A party cannot therefore be asked to pay notarial fees for the transmission of a notarial document requested by a court or prosecutor; only postage and travel costs are excepted.

What it means in litigation and enforcement files

Where the original of an undertaking to vacate must be examined in a tenancy dispute, the date of service of a notice established in enforcement proceedings, or a power of attorney verified in a criminal investigation, this article sets out the route.

The request is as a rule addressed to the forum hearing the file: the court or the enforcement office is asked to write to the notary. Stating the document's daybook number, date and issuing notary shortens the process.

Whether to request the original or a certified copy is a separate choice. Where a signature or the document itself is to be examined technically, the original is needed; where proof of content suffices, a certified copy arrives faster electronically.

In files heard in Antalya, the rule on electronic transmission should shorten waiting times even where the notary addressed is in another province.

Commencement and pending files

Under the commencement provision of law no. 7589, the amendment entered into force on the date of publication, 31 July 2026. The law provides no separate transitional rule for this article.

As the provision is procedural, concerning the obtaining of documents, it applies to requests made after commencement. It does not call for any step to be repeated in respect of documents already transmitted.

Where a document was obtained in a pending file on payment of a fee or charge before that date, the article contains no provision for reimbursement.

Frequently asked questions

How does a court obtain my notarial document?

A court, a magistrate in criminal matters or a public prosecutor's office may request the original or a certified copy from the notary. In practice the request is addressed to the forum hearing the file, which writes to the notary.

What remains in the notarial archive if the original is sent?

The notary produces a copy, certifies its conformity with the original, keeps that certified copy in place of the original, and sends the original to the requesting authority.

How is a certified copy transmitted?

The notary scans the original, signs it with a secure electronic signature and sends the certified copy electronically. Where electronic transmission is not possible, a copy certified as conforming to the original is sent physically.

Is a fee payable for this?

Apart from postage and the travel cost set by the tariff issued under article 112 of the Notaries Law, no fee is charged, including charges, taxes and the cost of stamped paper.

Can the parties examine notarial records directly?

The article addresses examination by the courts, magistrates in criminal matters, public prosecutors' offices, official departments and persons authorised to investigate where the subject matter is stated. For parties, access is generally obtained on application within the file.

When did the amendment take effect?

The amendment made by article 2 of law no. 7589 was published in the Official Gazette of 31 July 2026, issue 33326, and entered into force the same day.

In most files obtaining a document affects timing rather than outcome; but where the date and content of an undertaking to vacate or a notice are in dispute, it bears directly on the merits. Stating the daybook number and date in the request shortens the process markedly.

For the general framework in files arising in Konyaaltı and the surrounding area, see our Konyaaltı lawyer page. The office can be reached through the contact page.

---

For further detail on the matters discussed here, see our Enforcement Law page.

The information on this page is general in nature and does not constitute legal advice. You should consult a lawyer about your own situation.