For notarial deeds, please obtain the text of the power of attorney drawn up by a Notary in Italy.
Send the draft in Word format to notarile.johannesburg@esteri.it.
For information, please send an email to notarile.johannesburg@esteri.it.
Tel. +27 (0)11 728 1392/3 Ext.2050
NOTARIAL DEEDS
The consular office exercises, exclusively towards Italian citizens, some notarial functions as provided by the Italian Law. This essentially involves the receipt of public documents (i.e.: Powers of Attorney, wills), notarial deeds, authentication of signatures on private documents.
However, there are some differences between consular powers in notarial matters and those attributed to Notaries practicing in Italy, which are substantially connected to the different position of the Head of the Consular Representation, as a Public Officer, and that of the Notary, who is a freelancer. In fact, the Notary may also be called upon to act as the client’s legal advisor. He can therefore obtain information about a person’s solvency or act as a mediator in a transaction, or advise the client on family or financial matters.
It is excluded that the consular authority can carry out similar activities. Consular advice, if requested, must be limited to the legal field, with particular regard to the validity of the documents submitted by the citizen. Consular assistance must be limited to the legality of the acts submitted and not to their economic utility.
The Notary can sometimes be the client’s representative with respect to the publicity and execution of formalities relating to the documents received by him. However, no activity of this nature can be carried out by the Head of the Consular Representation. Moreover, while the Notary is entitled to a fee, all consular deeds are subject only to the Consular Fees.
The Italian citizen abroad can, alternatively, formalize the deed with a Notary Public officially accredited in the country of residence. Subsequently, if the country has joined the 1961 Hague Convention for the abolition of legalization, it must ensure that the “Apostille” is affixed to the document by the relevant authority in the country of residence. If the country has not signed up to the aforementioned Convention, the notary’s signature will have to be legalized by the Italian Consular Representation (see the Translation and Legalization of Documents section).
The notary services most frequently requested from a consular office are:
- Powers of Attorney
- Wills
- Public Acts