This site uses cookies to provide a better experience. Continuing navigation accept the use of cookies by us OK

Frequently Asked Questions - Notary Services

 

Frequently Asked Questions - Notary Services
  1. Shall I book an appointment for a Notary Service?
  2. The first available appointment is in three weeks time, but I need the document urgently. What can I do?
  3. What is the difference between a public and a private deed?
  4. What do I need to make a power of attorney?
  5. How can I revoke a power of attorney?
  6. What is an "Atto Notorio" and how can I have one done?
  7. How can I renounce an inheritance?
  8. How can I make a statutory declaration (dichiarazione sostitutiva dell'atto di notorietà)?
  9. How can I make a deed of separation of property in the matrimonial regime?
  10. I am the holder of some postal bonds/a postal savings account in Italy and I am living abroad: how should I proceed in order to collect my money?
  11. What is the cost for Notary Services?

 

1. Shall I book an appointment for a Notary Service?

You need to book an appointment for any Notary Service. Bookings can be made using the system Prenota Online.  

 

2. The first available appointment is in three weeks time, but I need the document urgently. What can I do?

If you are in a hurry to have the deed drawn up urgently and there are no available appointments, you may seek the services of a Public Notary who can prepare the document in Italian. Please see notaries list.

 

3. What is the difference between a public and a private deed?

There are two kinds of notary deeds:

(1) PUBLIC DEEDS. These deeds are prepared by the notarial officer under his/her responsibility. The officer will receive the necessary information of the person before him/her and then will accordingly draw up a document defined as public deed. Some deeds, such as general powers of attorney, powers of attorney to make or to accept donations, deeds for property separation, and others, must be executed as public deeds.

(2) PRIVATE DEEDS. The draft of the document (in most cases a special power of attorney) is provided by the interested party, who will have to sign it before an officer at the Consulate. The officer will then proceed to verify the signature. The person signing the document remains responsible for the accuracy of the information contained in the document.

Some special powers of attorney (for purchase or sale of properties, for operating bank accounts, for legal representation), can be executed either as public or private deeds.

 

4. What do I need to make a power of attorney?

It is advisable to obtain a draft of the document prepared in Italy by a legal person (Notary, solicitor, accountant etc.) who is knowledgeable of the circumstances for which the power of attorney is required, possibly in a digital editable format (i.e. MS Word) and then to forward it by email to the Consulate before the date of the appointment.

This will allow the legal office of the Consulate to prepare the document in advance so that it will be ready to be signed on the date of the appointment.

To be able to issue a general power of attorney, the following details are required:

Name, surname, date of birth, place of birth, current address, civil status and codice fiscale (Italian Tax File Number) of both the person(s) appointing the attorney (“Principal”) and the attorney himself/herself.

 

5. How can I revoke a power of attorney?

In order to revoke a power of attorney it will be necessary to provide all information regarding such power of attorney (date of issue, registration number, personal details of the attorney). The revocation can only be requested by the principal, the person who originally gave this authority. Once done, it will be up to the interested party to officially notify the attorney of the revocation.

 

6. What is an "Atto Notorio" and how can I have one done?

"Atto Notorio" is a sworn declaration jointly made by witnesses, who under oath attest to the veracity of some facts known to them. The "Atto Notorio" that is generally made at the Consulate is the one that Australian nationals need in order to marry in Italy. Please refer to the Marriage in Italy section (Matrimonio in Italia) for more information.

Please note: booking for an "Atto Notorio" is different from the one required for notary services.

 

7. How can I renounce an inheritance?

You will need the details of the deceased person from whom you would receive the inheritance (full name and surname, date and place of birth, date and place of death).

 

8. How can I make a statutory declaration (dichiarazione sostitutiva dell'atto di notorietà)?

Please refer to the relevant section on the Self-certification webpage.

 

9. How can I make a deed of separation of property in the matrimonial regime?

For a deed of separation of property, the spouses presence along with two witnesses is required. Besides personal details, information regarding the registration of the marriage in Italy is also necessary. Therefore the interested parties should contact the Municipality where the marriage has been registered to obtain these details prior to the appointment at the Consulate.

 

10. I am the holder of some postal bonds/a postal savings account in Italy and I am living abroad: how should I proceed in order to collect my money?

There are two different ways of redeeming interest bearing Postal Bonds or of collecting monies & accrued interest from Postal accounts in Italy for people residing abroad.

1) By issuing a special power of attorney for the purpose to a trusted person residing in Italy. This power of attorney may be drawn up by the Consulate if the interested party is an Italian citizen (appointment needed using the Prenota Online booking system), or by a public notary in other cases.

2) By directly applying to the Italian Postal administration to have the monies sent to your account in Australia. In this case you must fill out some specific forms at the Consulate and then you will have to send these forms together with the bonds/passbook to Italy. This second option may involve a longer processing time.

 

11. What is the cost for Notary Services?

Please refer to our Consular Fees page for more information. Payments can be made either via eftpos (debit card only) or
in cash.

 


190