ITALIAN NOTAIO

Who is an Italian Notaio? Do I have to appoint one?

Many times, foreign clients wonder who a Notaio is and what role is played by this figure, the so-called notary public.

In Italy, a Notaio is a professional who has a degree in law, has postgraduate training  and has passed the State exam to be qualified as such and is registered with the competent Notary Bar.  He/she is a public officer and has an official role within the limits of the Italian State, so he/she is impartial and does not work for any party other than the Italian State.

These are some of the cases for which in Italy you will be expected to appoint a Notaio, owing to the fact that Italy is a Civil Law country and therefore specific relationships are based on public registers i.e. Land Registry or Company Registry, which have to contain ascertained, reliable information.  Only public deeds drafted by a Notaio are recognized to have the legal, impartial and trustworthy character required for entry in a registry. So for operations such as real estate transactions,  drafting or publishing a will, accepting or relinquishing an inheritance, taking out a mortgage, selling company shares, one is required to appoint a Notary Public.

The Italian Notaio is a legal expert whose studies are focused on Italian law; s/he will not provide you with specific advice, but will draw up a specific deed named an “atto pubblico”, public deeds, and will keep the original documents in her/his legal custody and record them on officially recognized books. In fact, copies of the original documents can be applied for and the Notary will issue certified copies, while the originals will remain in the public notary’s office.

All documents drafted by an Italian Notaio are qualified as reliable and legally valid. The Notaio will act according to the law and will not take sides, so if two parties have conflicting interests in a specific deed, the Notaio will not act in favour of either, but will only apply the specific rules involved in the performance of her/his public office.

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