E-Tafakna is not a law firm. In accordance with applicable regulations, E-Tafakna provides legal information, a mobile application for generating legal documents based on templates, and a service for connecting both businesses and individuals with professionals in various service fields.
Power of attorney from abroad for Tunisia: 2026 guide
Tunisian consulate or local notary with an apostille: how Tunisians abroad can sign a power of attorney that is valid in Tunisia, and what to avoid.
A Tunisian living abroad (TRE) cannot always travel back to sign. A power of attorney allows a trusted person, the agent, to act in their name. The mandate contract is governed by the Code of Obligations and Contracts (COC).
Selling or buying an apartment, land or commercial premises.
Selling or registering a car.
Managing a bank account or signing a loan.
Settling an inheritance: division, sale of an inherited property, dealings with public offices.
Completing administrative formalities or being represented in a case.
Special or general power
A special power covers a specific act, such as the sale of an identified property. It must be drafted precisely. A general power covers the management of the principal's affairs, but acts of disposal, such as selling real estate, must be expressly stated.
For real estate, state the land title number and the property's location, a minimum price if you wish, and whether the agent may collect the price. A vague power is often refused by banks, notaries or the land registry.
Option 1: sign at the Tunisian consulate
Tunisian embassies and consulates certify the signatures of Tunisians abroad. According to the Office des Tunisiens à l'Étranger guide (2024), the signatory must appear in person, show an identity document and pay the consular fee. The content must not be contrary to public order and morality.
This is the simplest route for a document intended for Tunisia: the signature is certified by a Tunisian authority, with no need for a foreign apostille. Book an appointment and bring the drafted text, in Arabic or with a translation if the document must be produced in Arabic.
Option 2: local notary and apostille
Tunisia acceded on 10 July 2017 to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. The Convention entered into force for Tunisia on 30 March 2018 (HCCH).
You can therefore sign the power of attorney before a notary in your country of residence, then have the apostille issued by that country's competent authority. The apostille replaces the chain of embassy legalisation. Plan a sworn translation into Arabic or French if the document is in another language.
Warning: Germany, Austria, Greece
According to the official HCCH status table, Germany (1 December 2017), Austria (12 January 2018) and Greece (25 January 2018) objected to Tunisia's accession. The Convention therefore does not apply between these States and Tunisia: a German, Austrian or Greek apostille is not enough.
If you live in one of these countries, use the Tunisian consulate or traditional legalisation. Belgium also objected on 26 January 2018 but withdrew its objection: the Convention has applied between Belgium and Tunisia since 11 June 2025. Check the HCCH table before signing, as the list changes.
Revoking and ending the power
The principal can revoke the power of attorney. To make it effective against others, notify the agent, preferably through a bailiff, and inform third parties who hold a copy: bank, notary, public office. The mandate also ends when the task is completed, when the agent resigns and, unless otherwise agreed, on the death of the principal or the agent.
Set a validity period in the document. A power with no time limit remains a risk if the relationship of trust changes.
Checklist before signing
Ask the recipient in Tunisia (notary, lawyer, bank, land registry) which form and language they require.
Choose the route: Tunisian consulate, or local notary with apostille if your country has not objected.
Fully identify principal and agent: name, date of birth, ID card or passport number, address.
Describe the exact act: property, land title number, vehicle registration, account number.
Specify the powers: sign, collect the price, pay costs, represent before public offices.
Set a duration and keep a certified copy.
Send the original by a traceable method.
E-Tafakna publishes contract templates and practical country guides. For contracts that require no particular form, electronic signature with a TunTrust certificate allows remote signing. A power of attorney for a property transaction remains subject to the formalities described above.
Frequently asked questions
Is a power of attorney signed before a French notary valid in Tunisia?
Yes, if it bears the apostille of the competent French authority: according to the HCCH, France did not object to Tunisia's accession. Have it translated if the recipient requires it.
I live in Germany: what should I do?
Germany objected to Tunisia's accession. Sign at the Tunisian consulate or follow the traditional legalisation procedure.
Is a general power enough to sell a property?
In principle, no: the sale must be stated expressly. A special power that identifies the property avoids refusals.
How do I cancel a power of attorney?
Notify the revocation to the agent, preferably through a bailiff, and inform the third parties who hold the document.
Sources
Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, status table and notes on objections (hcch.net)
HCCH, "The Apostille Convention enters into force for Tunisia", accession of 10 July 2017, entry into force 30 March 2018 (hcch.net)
Office des Tunisiens à l'Étranger, Guide for Tunisians abroad: information and recommendations, 2024 (ote.nat.tn)
Code of Obligations and Contracts, provisions on mandate, as presented by a Djerba law firm (cabinet-avocat-djerba.com)
Government of the Netherlands, legalisation of Tunisian documents (netherlandsworldwide.nl)
Draft and sign your contracts online
Templates that follow your country's law, electronic signature (including TunTrust qualified signature in Tunisia) and secure archiving.
E-Tafakna is an innovative startup in legal tech. We are dedicated to transforming access to legal services by offering advanced digital solutions for the creation, management, and execution of legal documents. Our mission is to democratize legal services by making them more affordable, accessible, and understandable, thus enabling everyone, from entrepreneurs to large corporations, to easily navigate the legal world.
Power of attorney from abroad for Tunisia: 2026 guide
e-Tafakna
Tunisia · English