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Notary

 

Notary

 

NOTARY SERVICES  iconaemail


The notary office of the Consulate is authorized to receive and file acts and wills and to issue copies and extracts of the same.

The notary service is available ONLY to 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. Certificate of Authentication


As legal matters involving the United States and Italy are very complex, you are strongly recommended to contact the Consulate at notarile.houston@esteri.it before visiting.


1. POWER OF ATTORNEY

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: 

1. 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 or until its formal withdrawal. 

2. 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 specific issue to which it is related.

A power of attorney (procura) is an instrument in which an individual or an entity (the "principal") confers upon another individual or entity (the "attorney-in-fact" or "agent") the power to act on his or her behalf for specific purposes (purchase/sale transactions, gift transactions, estate settlements, etc...) or general purposes carrying very broad powers.

The principal must appear before a consular officer with proper identification (see Authentication of Signatures for acceptable forms of ID) and provide the following information for both the principal and the attorney-in-fact:

· Name and surname (maiden name, if female)

· Date and place of birth

· Address of residence

· Citizenship

· Profession

· Italian fiscal code (only for attorney-in-fact)

The subject of the power of attorney (real estate to be purchased or sold, litigation in which to be represented, bank account or property to administer) must be properly and clearly defined.

For instance, when conveying title to a property, the principal must provide a complete description of the property and supply the pertinent record from the Italian registry office (dati catastali).

When settling an estate, the principal must provide the name and surname, date and place of birth, date and place of death, last address, and citizenship of the decedent.

NOTE:
- A Procura for donation transactions can only be executed in the presence of two non-related witnesses which must be provided by the principal.

- When entities, such as corporations, trusts, estates or government offices are executing a power of attorney, they must provide both evidence of the existence of the entity (e.g., certified charter documents, letters of appointment from the court) and evidence of the signer's authority to execute such power of attorney on behalf of said entity (e.g., corporate resolution).

- When any property sought to be purchased or sold would be subject to community property rules (joint ownership by spouses) both husband and wife must execute the deed or the power of attorney to execute the deed (e.g., property acquired after 1975 by one or both spouses by means other than inheritance, personal gift, or proceeds from a personal injury claim).

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 Italian 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.

Wills, codicils, or any instrument of testamentary nature, executed in the United States of America must be probated by the Court, and successively must be legalized with apostille in order to probate the will in Italy as well.


4. AUTHENTICATION OF SIGNATURES AND PHOTOGRAPHS

Certificates of Authentication are normally drafted by a Consulate official: 

1. Signature Authentication: a public official swears that a document originates with the person who signed it. In order to have a signature authenticated it is necessary to come in person to the Notary Office with a valid identity document. 

2. Authentication of a photograph: In order to have a photo authenticated it is necessary to come in person to the Notary Office with a valid identity document and two identical photos .

A married woman providing ID with her husband's surname must also provide a certified copy of her birth certificate showing her maiden name, as in most instances Italy requires the consular officer to ascertain both the maiden and married surnames.

3. Certified Copies and Translations

Copies of original documents originated in the United States can be certified at the Consulate by submitting the original document legalized via apostille and the required number of photocopies.


4. Italian Fiscal Number (Codice Fiscale)

This number may be assigned through the Consulate by scheduling an appointment. A valid picture ID, a copy of the birth certificate and driver’s license must be provided at the time of the appointment.


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