Our website uses  cookies for statistical purposes.

Our Articles

Power of Attorney in Italy

Power of Attorney in Italy

Foreign persons who need to perform different legal actions in Italy and can’t be physically present in the country to handle these procedures or who prefer to delegate someone else can give the power of attorney to another person. This document is called “procura generale” or “procura speciale” in Italian and it must be drafted in a certain form in order to be valid. Our law firm in Itlay can provide more information referring to the document.  

The use of a power of attorney in Italy

The person who has received the power of attorney can perform different transactions, such as purchasing a propertyregistering a company, concluding a contract, dealing with business partners, and many other legal actions.

Persons who choose to grant the power of attorney to another person in Italy can perform this action in front of a public notary, which is a compulsory step in order for the document to become legally recognized in Italy. The power of attorney can be granted to an Italian lawyer or to any other trustworthy person. An important aspect refers to the fact that this right can be given only to persons who have an Italian tax code.

It is essential to know that the power of attorney in Italy can be drafted in another country as well, but the procedure requires other legal requirements, depending on the specifics of that particular state. As such, the procedure can differ in the following situations: 

  • that country has ratified the Hague Convention;
  • the nationality of the person who is providing the power of attorney (Italian or other nationality).

Our team of Italian lawyers can offer legal assistance to persons or legal entities interested in giving the power of attorney to another person, who can represent their interests on the Italian territory

Power of attorney signed abroad

In the situation in which the person who wants to sign the power of attorney for his or her legal interests in Italy is in another country, the individual can sign the document in front of an Italian consulate or embassy, established in that foreign country. 

The document signed should also be legalized to prove that the signature on the document is valid and the power of attorney in Italy is a public deed.

The document can also be drafted as a bilingual power of attorney (in Italian and English) that will be accepted in Italy. In the situation in which the power of attorney is not written in Italian, the document should also be translated into the local language.  If the power of attorney is signed abroad, some local banks may require authenticating the document at a public notary in Italy

Persons interested in buying a property in Italy can benefit from specialized legal support from our lawyers with experience in immigration matters, including representation with a power of attorney in Italy. They will assure you that the chosen property is not involved in litigation, is registered with the Land Register, and the documents are correct from a legal point of view. We mention that there are no restrictions regarding EU and non-EU citizens in purchasing a real estate property, both while this is not in the possession of the state. Discuss all legal aspects with one of our Italian lawyers.

The power of attorney is a very useful tool when buying real estate in Italy and the buyer can’t spend the entire time required for the acquisition process in the country, as well as for many other legal procedures. 

Types of power of attorney in Italy

Depending on the situation you want to solve, there are different types of power of attorney in Italy:

  • Special power of attorney – a person with a specific power can be delegated for a certain transaction. This type of power of attorney is mainly used in the purchase of real estate, inheritance management, immigration issues, or car sales.
  • General power of attorney – this document can be used for any kind of transaction or administrative procedure. The represented person can benefit from the power of attorney made by our Italian law firm. One of our lawyers can represent you.

When can a power of attorney be used in Italy?

Power of attorney in Italy can only be used if it is legalized. Practically, it can be said that at the moment this document is drafted, it is being legalized for use on the territory of Italy. A second attestation is also required, and it is done through the consulate or Italian diplomatic mission. Relevant information on this topic can be provided by one of our lawyers in Italy.

Foreigners and Italian power of attorney

Foreign citizens who want to make various transactions on Italian territory can be represented with a power of attorney. The document is necessary for real estate transactions, in which the foreign citizen cannot be present. Thus, instead of it, when signing the contract of sale and purchase of a property, the authorized person can be present, which can even be one of our lawyers.
Also, if there are foreign citizens who want to purchase cars, yachts, or other such properties, without moving to Italy, they can request a power of attorney. In these steps, you can confidently call on one of our specialists who can draw up a power of attorney in Italy and represent you whenever you want.

In what other situations is an Italian power of attorney needed?

There are other cases in which a power of attorney in Italy is necessary, apart from the acquisition of goods, real estate, etc. For example, this document can be recommended in mediation processes and judicial disputes, if the person or persons involved cannot be physically present. You can also request an Italian power of attorney if you want to open a bank account, transfer inheritance funds, or request a bank loan. Property management can be the subject of power of attorney.

Can a company be opened in Italy with a power of attorney?

Yes, foreign businessmen who want to start a company in Italy can be represented with a power of attorney. It can be said that, with the help of this document, entrepreneurs can be represented in all procedures related to company registration. Thus, the documents are drawn up and submitted to the relevant authorities, such as the Italian Trade Register. Also, opening a bank account, registering for the payment of taxes, and obtaining the necessary licenses for carrying out the activities.

We recommend you read some statistical data about companies in Italy:

  • There were around 14,708 innovative startups registered in Italy, in October 2022.
  • In 2020, there were over 2 million companies registered in Italy, in the southern part, and in the islands, while in the northwest of the country, there were around 1.5 million companies.

Persons interested in receiving legal assistance for drafting the power of attorney in Italy can contact our Italian law firm