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Notarile

 

Notarile

 

NOTARY SERVICES

To make an appointment you must use the  link (CLICK HERE)  and  send an  e-mail to paolo.restuccia@esteri.it (and in copy ambasciata.dublino@esteri.it)

This is a service exclusively for Italian citizens who are permanently or temporarily in the Republic of Ireland

 

The notary services provided by this Embassy are governed by the Italian law and are only available to Italian citizens who are residing either permanently or temporarily in the Republic of Ireland.

The most frequently requested notary services are:

• Power of Attorney
• Will and Testament
• Public Act
• Certificate of Authentication

Regarding these notary services provided, it is important to note that:

• this Embassy does not provide counselling and/or legal assistance. The only advice that this office is in position to provide is regarding judicial matters, with particular attention to the legality of documents. This Embassy only verifies the legality of documents, and not their economic value;
• this Embassy does not publish or carry out the procedures to obtain documents in place of the client;
• all the documents issued by the Consular Office are subject to payment of the fees enlisted in the Tariffa Consolare

As an alternative, Italian citizens residing in the Republic of Ireland may formalize acts through a notary public registered in the country.

For further information refer to the website of the Ministry of Foreign Affairs

POWER OF ATTORNEY

Power of attorney is a document authorizing one person to act on behalf of another person, to take the necessary legal 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 affairs to the attorney or agent. The General Power of Attorney is issued for an indeterminate time and it is effective as long as there is no revoke;

• 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.

The first paragraph of article of law n. 28 of decree n. 71/2011 titled ‘Ordinamento e funzioni degli uffici consolari’ endorsed on 28th May 2011, states that only Italian citizens may benefit from the notary services provided by Consular Offices, unlike the previous law. In particular, the Head of the Consular Office does not provide notary counselling services to foreign citizens who request General or Special Power of Attorney to this Embassy.

- Requested details and documents to issue Powers of Attorney.

In order to obtain a Power of Attorney, applicants must come to this Embassy by appointment that must be arranged only via mail.
 
In order to arrange an appointment, it is necessary to send the following data/documents for the requested power of attorney to the following e-mail address consolare.ambdublino@esteri.it:

- request of power of attorney (specify if general or special);
- a valid identity document (scanned);
- tax code (scanned).

 In addition to the above mentioned documents it is necessary to send the following details, according to the requested power of attorney:

1. General Power of Attorney

- all the details of the applicant (NOTE that if the applicant is married and they have chosen the communion of goods, the Power of Attorney must be signed by both spouses).

2. Special Power of Attorney

• Special Power of Attorney for a Court case (this document enables lawyers to represent their clients before Courts in Italy)

- all the details of the applicant;
- the address of the lawyer’s office;
- all the details of the case (competent Court and case characteristics).

• Special Power of Attorney to purchase or sell properties

- all the details of the applicant;
- detailed description of the properties (copy of the ‘estratto catastale’).

• Special Power of Attorney to sell cars

- all the details of the applicant;
- vehicle registration and licensing certificate.

• Special Power of Attorney to collect money

- all the details of the applicant;
- number,date of emission and name of the paying Office. Specify if it is a payment through Postal Order or bank cheque (NOTE that if applicants have withdrawn money from a bank or postal account, they will have to specify the name of the bank or Post Office, the number of the account or of the savings account and the amount that the bank or Post Office is allowed to withdraw).

• Special Power of Attorney to accept heritage

- all the details of the applicant;
- details of the deceased,including place and time of birth and death.

• Special Power of Attorney to renounce heritage

- all the details of the applicant;
- details of the deceased,including place and time of birth and death.

• Special Power of Attorney to accept donations

- all the details of the applicant;
- details of the donor;
- detailed description of the donated goods.

• Special Power of Attorney to donate

- all the details of the applicant;
- detailed description of the donated goods (with cadastral data if the good is a real estate);
- all the details of the person who benefits from the donation.

• Special Power of Attorney for publications

- all the details of the applicant(s).

The applicant may revoke the Power of Attorney anytime, unless the document specifies that the Power of Attorney in question is irrevocable.

In order to revoke a Power of Attorney the applicant must come to this Embassy with the following document:

- copy of the document that he/she wishes to revoke, or, if he/she does not have this copy, he/she will have to provide all the details of the document (e.g.: date of issue, number Directory, all the details of the named person).

The applicant must send the revocation to the revoked attorney and to the Notary’s office/Consulate where the revoked document has been lodged.

The issue of power of attorney documents includes the payment of the rights enlisted in the Tariffa Consolare currently in force.

For further information refer to the website of the Ministry of Foreign Affairs

WILL AND TESTAMENT

The activities of this Consular Office include the drafting of documents concerning the Last Will and Testament of citizens living in the Republic of Ireland.

The Public testament is a declaration of the will maker made orally before an authorized notary officer in the presence of two witnesses. This declaration given by the will maker must be written out by the authorized notary or Consular official. It will be necessary for the will maker to come to this Embassy by appointment with two witnesses and show a valid identity document.

In the Secret will and testament the functions of the Embassy are limited to formally receiving the sealed document (whose contents remain secret) in deposit. The will maker will have to come to this Embassy by appointment with a valid identity document.

Lastly, the Holographic will can be drafted by the will maker himself and can be deposited anywhere and with anyone.

The documents attesting the receipt, revocation, deposit, etc. of testaments are subject to payment of fees enlisted in the Tariffa Consolare currently in force.

For further information refer to the website of the Ministry of Foreign Affairs

PUBLIC ACT

Legal acts (e.g. an act of donation) for which the law foresees a public act. A public act is a document that legalizes judicial facts or acts because it is issued, following the prescribed formalities, by a public officer empowered by the Italian law.

For further information refer to the website of the Ministry of Foreign Affairs

CERTIFICATE OF AUTHENTICATION

In order to authenticate documents, applicants must come to this Embassy by arranging an appointment via mail to the following address: consolare.ambdublino@esteri.it.

Signature of authentication:

Only Italian citizens may be provided with the notary authentication of signature (ex article of law 1 Legge Notarile), following article of law 28 of decree n. 71/2011. The article of law states that the authentication consists of the notification by the public officer, that the subscribing of the document has been carried out before him. The public officer must ascertain the identity of the subscribing person. In accordance with article of law 2702 of the Italian civil code, the authentication of signature does not authenticate documents, instead, it certifies their provenience, as long as there is no action of fraud against the documents in question. In order to authenticate the signature, the applicant must come to this Embassy with an identity document and the tax code.

Authentication of a photo:

it attests that the photo submitted to the Embassy portrays the applicant. The latter will have to come to the Consular Office by appointment and with a valid identity document, along with the document/photo he/she needs to authenticate.

The authentication is subject to payment of fees enlisted in the ‘Tariffa Consolare’ (consular fees) currently in force.

For further information refer to the website of the Ministry of Foreign Affairs

SELF-CERTIFICATION

Self-certifications and personal sworn declarations can be used in dealings with the public administration and with the authorities who may provide public services. They are written on paper by the applicant and include status, events and personal skills. In dealings between private individuals, the applicant himself may decide if he/she needs self-certifications. They cannot, however, be used before a judicial authority acting in its jurisdictional capacity.

On 1st January 2012 new measures concerning certificates and personal sworn declarations were implemented, in accordance with article 15 of law n.183 of 12th November 2011. Starting from that date, certificates will be valid in dealings between private individuals, while Public Authorities will not be allowed to request or accept certificates that will need to be replaced by self-certifications.

All Italian and European Union citizens may produce self-certificates, including Non-European citizens who regularly reside in Italy with limitations to the verifiable and certifiable data by public authorities in Italy.

 To download the requested documents, please refer to the Italian section ‘Modulistica' of our website.

1. Dichiarazione sostitutiva di certificazione (art. 46 DPR 445/2000) (SELF-CERTIFICATION REPLACING A CERTIFICATE)

Self-certifications can be used in verifying the following data:

• date and place of birth;
• domicile;
• citizenship;
• enjoyment of political rights;
• marital status;
• family membership;
• proof of being alive;
• birth of a child, death of a spouse, ancestor or descendant;
• enrolment in associations or lists required by the public administration;
• membership of professional associations (e.g. ‘ordine dei giornalisti’, ‘ordine degli avvocati’, etc.);
• academic qualifications and university exams;
• professional qualifications, postgraduate qualifications, qualifying certificates, training course qualifications, updating courses qualifications and technical qualifications;
• income or financial status provided for the purpose of obtaining benefits and advantages of whatever type foreseen by specific laws;
• dispensation from specific tax obligations, with an indication of the amount;
• tax code, tax code and VAT number and any other data registered in the tax register;
• unemployment status;
• pensioner status and category of pension;
• student status;
• status as legal representative of physical or legal persons, guardian, trustee and similar;
• membership in social groups or associations of whatever type;
• fulfillment or not of military obligations, including those in the list of militaries; (serial number in the paper record of service)
• lack of criminal record. Moreover, the applicant must not be subjected to preventive, civil and administrative measures following the law currently in force;
• lack of ongoing penal sentences;
• status of dependency on someone;
• all the information directly known by the person concerned which figure in the Civil Registry;
• status of non-liquidation or non-bankrupt. The applicant must not have submitted an application for composition.

No stamp duty must be paid by the citizen if the law states that no stamp duty is required for the documents they need to show.

Self-certifications that replace certificates can be written on paper and signed under one’s own responsibility (it is not necessary to sign before an employee) or can be written by filling self sworn declarations.

The statements that must be submitted to this Embassy may be sent, together with an identity document, at fax number: 01 6766716 and to the following e-mail address: consolare.ambdublino@esteri.it

2. Dichiarazione sostitutiva di atto di notorietà (art.47 DPR 445/2000) (PERSONAL SWORN DECLARATION OF AFFIDAVITS)

The parties concerned may use self-certification for all personal states, facts and qualifications that are not certifiable by a public administration through a self-drafted affidavit.
Moreover, the self-drafted affidavit can also concern other persons of which the person making the declaration has direct documents stored or issued by a public authority, copies of publications, of academic or professional qualifications, copies of fiscal documents that must be kept by private individuals.

Validity of self-certifications and affidavits:

Self-certifications have the same validity as the documents they replace. Normally, these certificates are valid for six months from the date of issuance, except when laws or regulations extend the period of validity.

The validity of civil registry data is extendable if the person concerned signs the statement and declares that the data contained in the certificate have not been modified.

Affidavits and self-certificates have unlimited validity, when attesting to personal states that and facts are not subject to modification (birth and death certificates, academic qualifications, etc.).

 Self-certification is never allowed for the following kinds of certification:

• medical;
• hospital-related;
• veterinarian;
• of national origin;
• EU conformity;
• labels and patents.

Sanctions for citizens who make false declarations

If the public administration doubts the truth of the self-certification, this Embassy is obliged to make the necessary investigations. Incorrect statements, falsified acts and use of false acts are punishable according to the penal code and laws concerning the matter (article of law 76 DPR 445/2000). Moreover, the person making the statement forfeits any benefits granted as a result of the provisions based on his/her untrue statements.

Cases in which the public administration may not require certification from citizens

In cases concerning certification of surname, name, place and date of birth, citizenship, civil status and residence, the public administration may not require certification and an identity document is sufficient. In cases concerning certification of surname, name, place and date of birth, citizenship, civil status and residence, the public administration can not require certification. Therefore, an identity document is sufficient. If the document is no longer valid, the person concerned must declare in the margins of the photocopy that the data contained in the photocopy have not changed since the date of issue.

Identity documents and cards

In all cases in which an identity document is required this may be substituted by an equivalent, in accordance with article of law 35 of DPR 445/2000, such as:

• passport;
• drivers license;
• sailing license;
• pension registration;
• license for the operation of heating plants;
• weapons permit;
• State employee’s ID card, on the condition that it has a photo and stamp or other equivalent signature.

Applicant may also show expired documents along with a declaration written by him/her on the copy of his/her identity document, stating that the data it contains have not changed since the date of issue.

For further information refer to the website of the Ministry of Foreign Affairs

 

 

 

 

 

 

 


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