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Notarile

 

Notarile

Vai alla pagina del sito MAE   For further informations on notary functions abroad please consult the relevant page of the Italian Foreign Affairs Ministry website clicking here (in Italian only)

Vai alla pagina del sito MAE  For further informations on self certification please consult the relevant page of the Italian Foreign Affairs Ministry website clicking here (in Italian only)

NOTARY SERVICES

 

The notary office of the Consulate is authorised to receive and file acts and wills and to issue copies and extracts of the same.
The notary service is available to all Italian citizens living abroad permanently or temporarily.

The most frequently requested notary services in a Consular office are:

1. POWER OF ATTORNEY
2. WILL AND TESTAMENT

3. PUBLIC ACT
4. CERTIFICATE OF AUTHENTICATION 


1. POWER OF ATTORNEY  (Please see the foot note)

Power or letter of attorney is a document authorizing one person to act on behalf of another person, to take the necessary measures to achieve a particular goal (e.g. sell, buy, manage, make a donation, accept a donation, set up or close a company, request the posting of marriage bans, etc.).  

Power of Attorney is divided into two categories:

 

    • General Power of Attorney:
      with this document the person concerned entrusts the management of all of his/her present and future affairs to the attorney or agent.
      The General Power of Attorney is issued for an indeterminate time.
    • Special Power of Attorney:
      with this document the person concerned entrusts the attorney or agent with the management of part of his/her affairs.
      The Special Power of Attorney is valid only up to the conclusion of the specified affair.   

2. WILL AND TESTAMENT

Among the usual activities of a Notary Office in a Consulate is the drafting of documents concerning the Last Will and Testament of citizens living abroad.
The public testament is a declaration of the will of its maker made before an authorized notary official in the presence of two witnesses and written down on paper.
In a secret will and testament the functions of the Notary Office are limited to formally receiving the document (whose contents remain secret) in deposit.
Lastly, the holographic will does not need to be drafted by an official from the Notary Office and can be deposited anywhere and with anyone.
It is usually deposited in a Notary Office to avoid possible loss and to ensure immediate publication upon the death of the will maker. 

3. PUBLIC ACT

Legal acts (e.g. an act of donation) for which the law foresees a public act.

4. CERTIFICATE OF AUTHENTICATION

Certificates of Authentication are normally drafted by a Consulate official but can also be drafted by any other official provided he/she has been authorized to Notarial functions.

The most typical cases are:

Notarial authentication of signature
The notarial authentication of signature (ex art. 1 of  Notary Law) can only be done, pursuant to art. 28 of Legislative Decree no. 71/2011, only for Italian citizens.

ADMINISTRATIVE AUTHENTICATION OF SIGNATURE
The administrative authentication of signature is limited to documenting a legal or factual situation without forming or modifying it, and reproducing information derived from other acts and it does not have separate and independent legal effect.

AUTHENTICATION OF PHOTOGRAPH
Is the certification that a photograph corresponds to the person concerned. The applicant must present himself/herself personally at the Consular Office with a valid identity document and three identical photos.

NOTE:
Under the current Italian Law (first paragraph of art. 28 of Legislative Decree no. No. 71/2011 entitled "Regulations and Functions of the Consular Office
" entered into force on May 28th 2011), the notarial services at the Consular Section are available only to Italian citizens and not any more to non-citizens as it was under the previous regulations.

In particular, in case of giving power of attorney (general or special) to foreign nationals, the head of the consular office can not exercise his notary functions.

 

 


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