Notary & Legal Office

Notary - Legalization - Certification Section

The Consul General, or the official by him designated, holds abroad the functions of the "notaio" in Italy. This authority is granted to him by the D.P.R. 200/1967.

The most frequently requested notary services are "procure generali", "procure speciali", notary acts, translation and certification of documents, certification of flight registries and maritime registries, legalization of signatures on affidavits or other documents, live status certificates, etc.
A "procura" can be prepared as "atto pubblico" (public document) or as "scrittura privata" (personal declaration).

In the former case it is prepared by the Consular official assigned to the notary section, (the only official legally authorized in the United States of America to perform such a duty for the Italian government).

In the latter case the "procura" is prepared by the interested party as a personal declaration and signed in front of the Consular official. For certain types of "procure speciali" which do not require by law specifically the legalization of the Consulate, the procedures outlined by the Hague Convention can be followed (the signature is legalized by a United States notary public whose signature is in turn legalized with an "Apostille" affixed by the competent office of the Secretary of State). Hereafter more information concerning the "Apostille" is available, when and where to request it in the eleven States of this Consular jurisdiction.

Please note that for some frequently requested affidavits or "procure", the Italian law requires - under penalty of annulment - the mandatory form of "atto pubblico" and in some cases the presence of witnesses.

For example:

• Nuptial agreements and subsequent amendments;
• Agreements of joint ownership for spouses;
• Donation and acceptance agreements;
• Papers of incorporation;
• Papers to recognize and legitimize a love child.

Given the complexity of the matter the Italian nationals, who need a notary act or a "procura" drawn by the Consulate, are advised to contact the Office before hand in order to ascertain the proper type of act requested and supply the necessary information for its redaction.

Notary acts and in particular "PROCURE" are prepared by appointment.

To prepare a "procura", the following is always required:

• Italian passport or another valid identification document bearing the full name, date and place of birth;
• proof of address;
• "codice fiscale" number
• Last name, first name, date of birth, profession, address and "codice fiscale" number of the person to be named as "procuratore" (person acting on you behalf);
• The tasks to be assigned to the "procuratore" (for example: buying or selling of real estate, withdrawal of cash money from banks or other financial institutions, representation in courts, etc.).

In case of sale or purchase of real estate, please indicate the location and the property registration numbers;

In case of inheritance please indicate the full information of the deceased: last name, first name, date and place of birth, date and place of death, relation:

In case of registration in Italy of a foreign judgment, please indicate the full names of the interested parties, the date in which the judgment was filed and the correct name of the sentencing office;

In case of sale of a motor vehicle, please indicate the make and type of the motor vehicle, license plates and frame number.

In other cases please give as much information as possible to clearly define the extent of the authority of the "procuratore" and the object of the "procura".

Please keep in mind that the "procure speciali" are valid for only one specific task, while the "procure generali" have no limitation of power of representation and are always valid, unless revoked.

Foreign citizens may legalize "procure" and documents to be used in Italy, which have been drawn in conformity of local laws, by means of an "Apostille". This procedure conforms to the accepted principle in the Italian law that "The form of the documents drawn by living persons and those of last wills and testaments is regulated by the law of the place where the act is issued".

In the United States of America the "procure", notary affidavits and other notary certifications equivalent to the Italian ones are prepared by lawyers. The lawyers, in preparing the document, indicate clearly the Bar association where they are registered as members as undersign the document together with the client. Both signatures are then authenticated by a County Clerk or by a United States notary public before the final legalization by means of the "Apostille" by the Secretary of State.

HERETO ATTACHED IS THE MOST RELEVANT INFORMATION REGARDING THE "APOSTILLE" AND THE LIST OF LAWYERS ENTRUSTED BY THIS CONSULATE.

LEGALIZATION BY MEANS OF "APOSTILLE"

Italy and the United States of America, among other countries, signed the HAGUE CONVENTION of October 5, 1961. This Convention (or agreement) establishes a new and simpler procedure for the legalization of a public document to be used in a Country other than the one in which it was issued. When a public document is to be produced in a foreign State (Country) party to the above mentioned Convention, the only formality that is required in order to certify the authenticity of the signature and the genuineness of the seal or stamp which it bears, is the attachment of a special certificate called an "Apostille".
The "Apostille" is attached by the Office of the "Secretary of State" of the State in which the document was issued and/or notarized. The fee for this procedure may vary from one State to another. Therefore, you must inquire directly with the appropriate Secretary of State’s Office.
When requesting the "Apostille", you must specify the Country in which the document is going to be used. You may obtain the "Apostille" in person or you may forward the original documents to be "legalized" to the Secretary of State, along with your written request for the "Apostille", including the correct fee and a self addressed stamped return envelope. It is suggested that you check with the Secretary of State regarding the form of payment. In most cases a money order or personal check made out to the "Secretary of State of…" is acceptable.

THE "APOSTILLE" APPLIES TO PUBLIC DOCUMENTS SUCH AS:

• Certified copies of birth, marriage and death, certificates issued by a local County Clerk Office;
• Certified documents issued by an authority or an official of the courts or tribunals of the State;
  Official administrative documents;
• Notary acts, affidavits/declarations signed by persons in an official capacity;
• Authentication of a signature by a legally commissioned Notary Public.

PLEASE NOTE: Vital statistics certificates (birth, marriage, death, etc.) that occurred in the United States of America in relation to Italian citizens must be registered at the City Halls in Italy. The registration will be processed by the Consular Offices. In order to do so the certificates must be submitted to the Consular Office that has jurisdiction over the State in which the events occurred, in certified copies issued by the competent County Clerk Office and legalized with the "Apostille". Simple photocopies or certified copies issued by the local registrar are not valid for registration in Italy.

LISTING OF LEGAL CONSULTANTS PRACTICING AMERICAN AND ITALIAN LAW / PRACTICING AMERICAN LAW AND KNOWLEDGEABLE OF ITALIAN LAW / ASSOCIATED WITH ITALIAN FIRMS.

This listing, presented in alphabetical order, has been compiled after careful review of the credentials of the applicants, who are periodically measured up to the standards of the profession. Nonetheless this Consulate is not responsible for the quality of services offered nor for the professional fees requested.