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Notarile

 

Notarile

Legalisation services

 

Power of attorney (Procura speciale or procura generale)

 

A power of attorney (procura) can be either general (generale) or specific (speciale). A procura speciale deals with a single transaction or category of transactions, while a procura generale deals with any transactions related to the person being represented.
In order to be valid in Italy, a procura must be either undersigned in the Consulate (for Italian citizens), or undersigned in front of a lawyer/notary public and then presented to the Consulate for legalization.


FOR ITALIAN CITIZENS ONLY

Contact our Notary Office only after a draft of the document has already been prepared by a notary public or a lawyer in Italy. Please send an e-mail requesting an appointment to notarile.vancouver@esteri.it taking care to indicate: your first and last name, date and place of birth, current home address, type of procura required. Attach to the email the draft of the procura (strictly in Word format), which will need to include all of the relevant information.
The Notary Office will reply and schedule an appointment in our office located in Vancouver at the earliest convenience. The consular fees that apply to underwrite a procura are available on the Forms page (clic here) of our website (refer to Art. 17A for procura generale; Art. 18A for procura speciale).
Note: The Notary Office is not accountable for the correctness and integrity of the document prepared by the notary public or lawyer in Italy.


FOR CITIZENS OF ANY COUNTRY (INCLUDING ITALY)

Contact a lawyer and/or notary public whose signature has already been deposited with our Notary Office (click here) in order to undersign the procura in their presence, and then present the document to our offices for consular legalization.
Alternatively, you may choose to contact a local lawyer and/or notary public whose signature has not been deposited with our Consulate. In this case the procura, undersigned in the presence of the lawyer/notary public, must be authenticated by the Provincial authorities in accordance to the procedure described in the section below (click here), and then presented to our offices for consular legalization
In both cases, the procura will need to be submitted to our offices along with the following:
• Legalization request form (click here);
• Photocopy of your valid government photo ID;
• Payment in cash or money order of the legalization fee as per Art. 69 of the Table of consular fees (click here);
• Pre-paid envelope for return shipment (if required).

Note: to be valid in Italy, a procura must be drawn up in Italian. This Consulate General does not provide translation services. If the document is in English, a professional Italian translation is also required. The translation will need to be certified as a true translation by our offices, for the fee indicated by Art. 72A of the Table of consular fees (click here).

 



How to authenticate a document that has been undersigned in the presence of a lawyer/notary public in the Provices of BC, AB, SK and the Terrority of the Yukon.

The authentication must be obtained by Provincial authorities of the place of registration of the lawyer/notary public:

British Columbia:

  1. For notaries public in the Province of British Columbia it is necessary to request the authentication of the document that has been prepared by the notary from the Society of Notaries Public of British Columbia via the “Documents Authentication” office, as per instructions available here https://www.snpbc.ca/documents-authentication/
    The original document undersigned by the notary will be affixed to the “Document Authentication” to form a single document that can be legalized by our Consulate.
  2. For lawyers in the Province of British Columbia it is necessary to request a “Certificate of Authentication” from the Law Society of British Columbia, as per instructions available here https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/member-services/certificates-standing-authentication-or-notarial/
    The “Certificate of Authentication” will be affixed to the original document undersigned by the notary. The original document can then be legalized by our Consulate.
    Note: The BC Law Society cannot authenticate the signature of a notary public, unless the latter is a lawyer registered with said Society.

Alberta:

  1. For lawyers and notaries public in the Province of Alberta it is necessary to request a “certificate of authentication” from the Deputy Provincial Secretary’s Office, as per the instructions available on the following website: https://www.alberta.ca/document-authentication-other-jurisdictions-countries.aspx. The original document that has been undersigned by the lawyer/notary, must first be sent to the authentication office in Alberta. Only after it has been authenticated by said office, can it be presented to our Consulate for consular legalization.

Saskatchewan:

  1. For lawyers and notaries public in the Province of Saskatchewan it is necessary to contact ”Authentication Services del Ministry of Justice and Attorney General”, as per the instructions available on the following website: https://www.saskatchewan.ca/government/notarized-documents-legislation-maps/authenticating-notarized-documents 
    The original document that has been undersigned by the lawyer/notary, must first be sent to the authentication office in Saskatchewan. Only after it has been authenticated by said office, can it be presented to our Consulate for consular legalization.

Yukon:

  1. For notaries public of the Territory of the Yukon it is necessary to request a “letter of verification”, as per the instructions available on the following website: https://yukon.ca/en/legal-and-social-supports/legal-services/find-notary
  2. For lawyers of the Territory of the Yukon it is necessary to contact the Law Society of Yukon and request the authentication of the lawyer’s signature, as per the instructions available on the following website: https://yukon.ca/en/legal-and-social-supports/legal-services/find-notary .
    In both cases, the original document that has been undersigned by the lawyer/notary must first be sent to the authentication office in the Yukon. Only after it has been authenticated by said office, can it be presented to our Consulate for consular legalization.

 


Authentication of signatures

The authenticity of a signature is confirmed by a consular official witnessing the actual signing of a document by the person therein described.
For this reason, personal attendance at the Consulate is required, along with valid ID and the document to be signed.

 


Statutory declarations and attested affidavits

1. Statutory Declarations

It is not necessary to authenticate the signature on a statutory declaration signed by an Italian citizen or citizen of an E.U. member-country.
What is a statutory declaration?
It is a written statement on unstamped paper, signed and dated by the declarer, dealing with any of the following situations, facts and personal information:

- Birth, place of residence and citizenship.
- Enjoyment of political rights.
- Vital statistics.
- Family composition.
- Certification of existence.
- Death of a spouse, lineal descendant or ascendant.
- Birth of a child.
- Postings on public service notice boards or listings.
- Academic degree, professional title, completed exams, specialisation, qualification, background, skills upgrade, and technical qualifications.
- Income or financial information, even for the purpose of obtaining benefits and advantages, relief from support obligations, a "codice fiscale" (Italian social insurance number), a "partita IVA" (Italian sales tax number), as well as other personal information included in tax records.
- The situation of being unemployed, or being in receipt of a pension and the pension category, the status of being a student or housewife.
- The position of legal representative of physical or legal persons, of legal guardian, curator and the like.
- Membership in associations and social clubs.
- All positions related to the fulfilment of military obligations.
- No criminal record.
- The status of being a dependant.
- Any information which is personal direct knowledge and which is found in vital statistics records.

A statutory declaration can substitute for a corresponding certificate, and can be submitted by mail, together with the related application form as well as a photocopy of a valid piece of photo I.D. (Italian or other E.U. member-country).

Please note, that the aforementioned declaration must deal only with situations, facts or personal information which can be verified by the Italian authorities (i.e. Italian birth certificate, Italian academic degree, etc.).
A statutory declaration dealing with information which can only be confirmed by the Canadian authorities (i.e. certificate of Canadian citizenship, Canadian marriage) would not be accepted, due to the fact that it would not be possible to verify the information.

To fill out a statutory declaration, please use the specific form: "Dichiarazione sostitutiva di certificazione " see form section on this website.

2. Attested Affidavits

In an attested affidavit, signed before an authorized official, a person can state all situations, facts, and other personal information not mentioned in the preceding list, barring the exceptions directly prohibited by law.

The affidavit can also deal with situations, facts and personal information relating to other matters about which the declarer has direct knowledge (spouse, children, parents etc.).

There is no need to authenticate the signature on an attested affidavit if it is part of an application or is thereof attached, the opposite being true if it is not.

 


"Buoni Postali Fruttiferi" (Postal Interest-Bearing Securities) and "Libretti di Risparmio Postali" (Postal Savings Account)

 "Buoni Postali Fruttiferi (BPF)" (Postal interest-bearing securities) and "Libretti di Risparmio Postali" (postal savings accounts) may be cashed into Canadian currency by submitting an application to the "Ministero delle Poste e Telecomunicazioni" and attaching therewith the passbook.

The applicant's signature must be authenticated by the Consulate (free of charge). 

 


Validation

Validation is the process of certifying that the signature of the lawyer, notary public, Canadian government official or representative of an educational institution corresponds to the same signature deposited at the Consulate.

If the signature has not been deposited with the Consulate's legal department, documents must first be validated by Official Documents Services whose signature is in turn validated by the Consulate.


Last update: Nov. 25, 2020


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