Foreign persons who need to perform different legal actions in Italy
and who 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. At the same time, it is important to know that the power of attorney
is a special document which requires the legal assistance of persons who are familiar with the requirements imposed by the local legislation; our team of Italian attorneys
can provide more information referring to the document.
Power of attorney, signed in Italy
The person who has received the power of attorney
can perform different transactions, such as purchasing a property
, registering a compan
y, 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 important to know that the power of attorney 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 on 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, in order to prove that the signature on the document is valid and the power of attorney 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 in not written in Italian, the document should also be translated in 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.
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.