The authentication activity is normally performed by a public official of the Consulate. In particular, it concerns:
- Authentication of Signature: consists of the certification by the public official of the origin of a deed by the person who signed it.
- To proceed with the authentication of the signature, it is necessary to present oneself personally at the Notary Office with an identification document and one’s tax code;
- Authentication of Photography: for this purpose it is necessary to present oneself personally at the Notary Office with an identification document and three identical photographs.
Self-certification
“Self-certification” means “the certification produced by the interested party in lieu of the normal certification” (art.2, law 15/1968). That is, it represents the possibility for the citizen to provide the same information present in a public register in a simpler way and with less burden.
The possibility of using self-certification is granted to all Italian citizens and citizens of European countries.
The right to make use of self-declarations has also been extended to non-EU citizens legally residing in Italy, limited to data verifiable or certifiable in Italy by public entities.
The self-certification and substitutive declarations can be used in relations with the Public Administration and with the concessionaires and managers of public services.
On the other hand, they cannot be used in relations between private individuals, unless they consent to it, and before the judicial authority in the performance of judicial functions.
Certificates replaced by self-certification
The self-certification can replace:
NORMAL CERTIFICATIONS
Self-certification can therefore be used in the following cases:
- date and place of birth;
- residence;
- citizenship;
- enjoyment of political rights;
- single, married or widowed status;
- family status;
- existence in life;
- birth of the child;
- death of spouse, ascendant or descendant;
- position to the effects of military obligations;
- registration in registers or lists held by the Public Administration;
- academic qualifications acquired;
- professional qualifications;
- university and state exams taken;
- specialization qualifications;
- qualification titles;
- training qualifications;
- update titles;
- technical qualification titles;
- income or economic situation also for the purpose of granting benefits and advantages of any kind provided for by special laws;
- fulfillment of specific contribution obligations with indication of the amount;
- tax code or VAT number;
- any data from the tax register;
- state of unemployment;
- quality of pensioner and category of pension;
- quality of student;
- housewife qualities;
- as legal representative of natural or legal persons, guardian, curator and the like;
- registration with associations or social formations of any kind;
- fulfillment or otherwise of military obligations including those referred to in art. 77 of the Presidential Decree no. 237/64 as amended by art. 22 of law 958/86;
- absence of criminal convictions;
- dependent quality of life;
- all data directly known to the interested party contained in the civil status registers.
- Modalità della dichiarazione sostitutiva di certificati
The substitutive declaration of the normal certifications can be made by writing on unstamped paper and signing under one’s own and exclusive responsibility (it is not necessary to sign in front of the employee) or by completing substitutive declarations.
Furthermore, it is possible to transmit documents, deeds and certificates by fax, by post or telematic and IT means to the Public Administrations.
NOTORIOUS DEEDS
Interested parties can resort to self-certification for all states, facts and personal qualities that cannot be certified by a public administration, by substitutive declaration of the deed of notoriety pursuant to article 47 of Presidential Decree 445/2000.
Furthermore, the substitutive declaration of the deed of notoriety may also concern circumstances relating to other subjects, of which the declarant has direct knowledge, as well as the possibility of certifying the conformity of a publication with the original.
The declaration in lieu of notorious deeds can be made by declaring facts, conditions or personal qualities directly known to the interested party before the official responsible for receiving the documentation.
Validity of substitutive declarations of normal certifications and notarial deeds
The substitutive declarations have the same validity as the deeds they replace.
Certificates are normally valid for six months from the date on which they were issued, unless legal or regulatory provisions provide for a longer validity. The validity of the personal data certificates and those relating to the civil status can be extended if the interested party declares that the data contained in the certificate have not undergone changes and signs this declaration.
On the other hand, the certificates and substitutive declarations that certify personal status and facts that are not subject to modifications (birth and death certificates, educational qualifications, etc.) have unlimited validity.
What are the cases in which self-certification is NEVER allowed
The possibility of using self-certification is never allowed for certificates:
- doctors;
- sanitary ware;
- veterinarians;
- from;
- EU compliance;
- brand names;
- patents;
Cases in which the Public Administration CANNOT ask citizens for certifications
In the event that data relating to surname, first name, place and date of birth, citizenship, marital status and residence must be certified, the Public Administration can no longer request certifications but the presentation of an identification document is sufficient.
The registration of data takes place through the non-authenticated photocopy of the document itself.
If the document is no longer valid, the interested party must declare, in the margin of the photocopy, that the data contained in the document have not changed since the date of issue.
Sanctions for citizens who provide false statements
If the administrations have doubts about the veracity of the self-certifications, they are required to carry out the necessary checks.
If false declarations are found, false documents and the use of false documents are punished in accordance with the penal code and relevant laws.
The declarant also forfeits any benefits possibly achieved thanks to measures based on untruthful declarations.
Identification and identity documents.
In all cases where an identity document is required, it can be replaced by an equivalent identification document. They are equivalent to the identity card:
- The passport;
- driving licence;
- The boat license;
- the pension book;
- The license enabling the management of heating systems;
- The port of firearms;
- Identification cards issued by a State Administration, provided they have a photograph and a stamp or other equivalent signature.
If the document has expired, it can still be shown, with a declaration by the interested party on the photocopy of the document that the data contained therein have not changed.
Legalization of American public documents
The Hague Convention concerning the abolition of the legalization of foreign public documents of 5 October 1961, ratified by Italy with law n. 1253 of December 20, 1966, was enforced in the United States in 1981.
With the entry into force of the aforementioned Convention, therefore, the consular legalization of public deeds intended to achieve legal effect in Italy is abolished.
The official attestation of the legal status of the person who has signed the document, as well as its authenticity, is issued by the Secretary of State of the State from which the document itself originates through the Apostille.
The public deeds that most frequently require the Apostille are the following:
- civil status certificates for transcription use (birth, marriage, divorce, death)
- signature authentications signed in the presence of a Notary Public
- divorce decrees
- study qualifications and certifications (official transcript, diploma, etc.)