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Notary services

Notary services are available only for Italian nationals who reside in this Consular jurisdiction and are registered on AIRE, or who can prove that they are temporarily present for work, study or health reasons.
Italian nationals who hold also other citizenships must submit a valid Italian ID document. 

NON-Italian citizens who need to sign POA statements to be used in italy, must have them drafted in both Italian and English, sign them in front of a Public Notary at the Dubai Court, and request a Legalisation through  the UAE Ministry of Foreign Affairs.

The most frequently requested notary services in a Consular office are:

  • Power of Attorney
  • Last will and Testament
  • Public Act
  • Certificate of Authentication

 

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.).

To request an appointment for signature of a Power of Attorney at this Consulate General please complete the relevant application form (see HERE), and send it by email to vcons.dubai@esteri.it together with:

1) copy of a valid Italian ID document
2) a draft (bozza) of the power of attorney prepared by a Notary or other qualified professional in Italy
3) copy of the applicant’s “codice fiscale”,

According to Italian Notary Law, Power of Attorney statements are of two categories:

General Power of Attorney: with this document the signatory entrusts the management of all of his/her present and future assets and 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 signatory entrusts the attorney or agent with the management of a specific part of his/her affairs. The Special Power of Attorney is valid only up to the conclusion of the specified affair.

 

LAST WILL and TESTAMENT

Among the usual activities of a Notary Office in a Consulate is the drafting of documents concerning the Last Will and Testament of Italian citizens living abroad.

The public testament is a declaration of the will of its maker made before an authorized notary official in the presence of two witnesses, written and signed by the author, the witnesses and the official. The original is kept in the Consular archives, while a certified copy is sent to the General Register of Testaments in Rome.

In a secret will and testament the functions of the Notary Office are limited to formally receiving the document (whose contents remain secret) in deposit.

Lastly, a handwritten will is a testament written by hand (or typed) by the author himself, and signed with indication of the date and time of signature. It does not need to be drafted by an official from the Notary Office and can be deposited anywhere and with anyone. It is usually deposited in a Consular Office to avoid possible loss and to ensure immediate publication upon the death of the will maker.

To request the publication of a handwritten will, the interested parties must send a written request to the Consul-General, which will convene a meeting and open the sealed will in presence of the applicants and two witnesses, read it aloud and record its contents on a statement which will be signed by all and kept together with the original will in the Consular archives. A certified copy of the will and of the publication statement will be sent to the General Register of Testaments in Rome.

 

PUBLIC ACT

Legal acts (e.g. an act of donation of an asset located in Italy) for which Italian law prescribes its recording in a public act.

 

CERTIFICATE OF AUTHENTICATION

Certificates of Authentication are normally drafted by a Consulate official but can also be done by an official from the Notary Office, particularly in the following cases:

  • 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.
  • 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

The term “self-certification” means a “sworn statement by the person concerned in place of a regular certificate” (Presidential Decree 28 December 2000 no. 445). This offers the citizen the possibility of supplying to a public office 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 authorized 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;
  • address of residence;
  • 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 dependent of 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 fax, post or computer to public administration offices.

AFFIDAVITS

Under the provisions of art. 47 of said Presidential Decree no. 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 kinds of certification:

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

Cases in which the public administration cannot require certificates 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.

Punishment for citizens who make false declarations

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 article 495 of the Italian criminal 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;
  • driver’s license;
  • boating license;
  • pension registration;
  • license for the operation of heating plants;
  • weapons permit;
  • any ID issued by an Italian public office with photo, official stamp and signature of the issuing official.