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Notary

 
Notary

NOTARY OFFICE 

Opening hours for Notary:


Monday: 9:00-12:30

Tuesday: 9:00-12:30

Wednesday: 9:00-12:30 and 15:00-17:00

 

Notary services are available only to all Italian citizens registred with AIRE and with valid Italian passport

It is necessary and mandatory to schedule an appointment online at "Prenot@mi" /NOTARY for the notary services indicated below:

  • Signature authentication
  • Photo authentication
  • Translation authentication

The Notary Section does provide only such services as indicated below :
- Notary Deeds;
- Fiscal codes;
- Driver license;
- Pensions.

Any other appointment requested for different services, it must be carried out in the specific sector (see Passports, AIRE and so forth,) please note that no exceptions can be made.

NOTICE

The opening hours are listed in the Prenot@mi. If you are not able to attend please cancel your appointment in advance.

Telephone Contacts: +1 305 374 6322 ext. 2012 only between 1:00pm-3:00pm.

Please do not contact the Notary Office for information already contained in this page or to request an appointment which can only be booked by the applicant through the Prenot@mi.

 

• LIST OF ITALIAN TRANSLATORS

• SELF-CERTIFICATION FACSIMILE

 

The Consular fees can be found at the link: Consular Fees

Please be aware that the Consulate General of Italy will accept only Money Orders as payment method.

 

1. POWER OF ATTORNEY

Power or letter of attorney is a document authorizing one person to act on behalf of another person, to take the necessary 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 present and future affairs to the attorney or agent. The General Power of Attorney is issued for an indeterminate time.
  • 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.

A notary deed such as a power of attorney letter must be drafted in presence of two witness, whom the interested party will identify, that are not related to the person requesting the document.

In order to have validity, the notary deed must be conferred in the format prescribed by the law for the document that the representative must obtain.

To request an appointment to draft a power of attorney letter, a copy of the document in editable word format must be sent to the email address: notarile.miami@esteri.it. The interested party must appear in person on the day of the appointment, schedule in advance on Prenot@mi, at the Consulate General office with an appropriate identification document.

Furthermore, the representative of the interested party must also be identified on the basis of the criteria described above.

When conferring special notary deeds such as the transfer of assets or other rights over real estate property, these must be identified by indicating the cadastral data.

In the case of requesting a document regarding a deceased person, the interested party must also provide the name, surname, date and place of birth, date and place of death, citizenship, and the last residence address of the person in question.

A notary deed cannot be drafted without the presence of the parties involved and, in some cases, two witnesses. The presence of two witnesses is required for notary deeds regarding donations, prenuptial agreements, separation of property agreements, and cases in which one of the parties does not or cannot read and/or write, or a party or notary requests their presence.

2. PUBLIC ACT

Legal acts (e.g. an act of donation) for which the law foresees a public act.

3. AUTHENTICATION 

The Registry of Italian Resident Abroad (AIRE) was established by Law No. 470 on October 27th 1988, and contains the information of Italian citizens residing abroad for a period exceeding twelve months.

The registry is managed by Municipalities in Italy on the basis of the data obtained from consular mission abroad.

Registration to the AIRE is both a right and a duty of Italian citizens (art. 6, Law 470/1988). It is required in order to take advantage of a series of services provided by consular mission abroad, and to have the ability to excercise important rights.

- SIGNATURE AUTHENTICATION: a public official swears that a document originates with the person who signed it. In order to have a signature authenticated it is necessary to come in person to the Notary Office with a valid identity document and tax code number.

- ALTERNATIVE PROCEDURE OF SIGNATURE for Italian citizens or foreign citizens legally resident in our consular jurisdiction: the signature must be notarized by a US Notary Public, then the Apostille must be acquired. If an Italian translation is needed please see: translation of documents.


- AUTHENTICATION OF A PHOTO: In order to have a photo authenticated it is necessary to come in person to the Notary Office with a valid identity document and three identical photos.


SELF-CERTIFICATION attachment

The term "self-certification" means, "sworn statement by the person concerned in place of a regular certificate" (art.2, Law 15/1968). This offers the citizen the possibility of supplying the same information present in the public registry but in a simpler and less costly manner.

The self-certification option is available to all Italian and European Union citizens.

The right to avail oneself of personal sworn declarations has also been extended to non-EU citizens legally staying in Italy, as far as can be verified or certified by Italian public authorities.

Self-certifications and personal sworn declarations can be used in dealings with the public administration and with those bodies authorised to provide public services.

They cannot, however, be used in dealings between private individuals, except if the latter agree to it, or officially before a judicial authority acting in its jurisdictional capacity.

OFFICIAL CERTIFICATES THAT CAN BE REPLACED BY SELF-CERTIFICATION

Self-certification can replace:

1) REGULAR CERTIFICATES

Self-certification 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;
  • military service status;
  • enrolment in associations or lists required by the public administration;
  • academic qualifications;
  • professional qualifications;
  • state and university exams completed;
  • postgraduate qualifications;
  • other recognised competencies/qualifications;
  • training course qualifications;
  • refresher course qualifications;
  • 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 or VAT number;
  • any information contained in tax register;
  • unemployment status;
  • pensioner status and category of pension;
  • student status;
  • housewife status;
  • status as legal representative of physical or legal persons, guardian, trustee and similar;
  • membership in social groups or associations of whatever type;
  • fulfilment or not of military obligations, including those in art. 77 of D.P.R. n. 237/64 as modified by art. 22 of law 958/86;
  • lack of criminal record;
  • status of dependency on someone;
  • all the information directly known by the person concerned which figure in the public register of births, marriages and deaths.

HOW TO MAKE A PERSONAL SWORN DECLARATION:

The declaration replacing normal certification can be written on ordinary non-letterhead stationery and signed on one’s own exclusive responsibility (it is not necessary to sign in front of an official), or a personal sworn declaration form can be filled out.
Moreover, it is possible to send documents, deeds and certificates via E-mail to public administration offices.

2) NOTARY DEEDS

Under the provisions of art.47 of Law Decree 445/2000, the parties concerned can make use of 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 knowledge; it can also be used to witness the declaration of an act’sconformity with the original.

In a self-drafted affidavit the person concerned can declare personal states, facts and qualifications directly known before an official authorised to accept and file documentation, or before a notary, clerk, municipal secretary or any other official charged by the mayor.

When the public administration deems it necessary to check the validity of a declaration concerning states, facts and qualifications certifiable or ascertainable by another government office, it has 15 days from when declaration is made to request the necessary documentation.

Validity of self-certifications and affidavits:

Self-certification has the same validity as the document it replaces. Normally these certificates are valid for six months from the date on which they are issued, except when laws or regulations have allowed a longer period of validity. The validity of civil registry data is extendable if the person concerned declares that the data contained in the certificate have not been modified, and signs this declaration.

Unlimited in validity are affidavits and self-certificates attesting to personal states and facts not subject to modification (birth and death certificates, educational qualifications, etc.).


When self-certification cannot be used

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

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

Cases in which the public administration cannot require certification from citizens

In cases concerning certification of surname, name, place and date of birth, citizenship, civil status and residence, the public administration cannot require certification and an identity document is sufficient.

The registration of data takes place by means of the non-authenticated photocopy of the same document.

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 it was issued.

Sanctions for citizens who make false delcarations

If the public administration doubts the truth of the self-certification, it 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.

Moreover, the person making the statement forfeits any benefits granted as a result of the provisions based on his/her untrue statements.

identity documents

In all cases in which an identity document is required this may be substituted by an equivalent 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.


An expired document can be used along with a statement that the data contained in it have not changed since it was originally issued.

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