This Consulate General may perform, exclusively in respect of Italian citizens who are permanently or temporarily abroad, certain notarial functions provided for under Italian law. These essentially include the execution and receipt of public instruments (powers of attorney and wills), affidavits and declarations of fact, certifications and attestations, and the authentication of signatures affixed to private instruments. There are, however, certain differences between the notarial powers exercised by consular authorities and those vested in notaries practising in Italy, essentially arising from the different status of the Head of the Consular Representation, who is a State official, and that of a notary, who is a private legal professional.
Power of Attorney
A power of attorney is a legal instrument by which a person (whether an individual or a legal entity) authorises another person to act on their behalf and in their name. A power of attorney may be either general or special.
- General Power of Attorney: the principal entrusts the attorney-in-fact with the management of all their affairs, both present and future. A general power of attorney is granted for an indefinite period but may be revoked.
- Special Power of Attorney: the principal entrusts the attorney-in-fact with the management of specific matters or a particular transaction. A special power of attorney ceases to have effect once the specific mandate for which it was granted has been completed.
Wills
- A public will (testamento pubblico) is a written declaration of the testator’s last wishes made before an official delegated to exercise notarial functions, in the presence of two witnesses.
- A secret will (testamento segreto), the contents of which remain confidential, may be deposited with the Consulate, which merely formally receives the instrument and deposits it in its archives.
- A holographic will (testamento olografo) must be entirely handwritten by the testator and may be deposited in any place and with any person. A holographic will may also be deposited with the Consulate.
Public Instrument
This refers to legal instruments (such as, for example, deeds of gift) which, under Italian law, must be executed in the form of a notarial deed.
Authentications
- Authentication of a signature: this consists of a certification by a public official that a document originates from the person who signed it. In order to have a signature authenticated, the person concerned must appear in person before the Notarial Office, presenting an identity document and the document on which the signature is to be authenticated.
- Authentication of a photograph: the applicant must appear in person at the Consulate, presenting an identity document and three identical photographs.
- Authentication of a translation: the Consulate may certify that an Italian-language translation of instruments and documents drawn up in Spanish conforms to the original text.
- These authentications may be used only in Italy or in dealings with Italian public authorities.