The Power of attorney in Italy is known as Procura. Its meaning and form are regulated by the Italian Civil Code (Codice Civile).
Different types of Power of attorney in Italy
There are 2 types of Power of Attorney in Italy: procura generale and procura speciale.
The Italian Procura Generale
Through the Procura Generale, the delegating person entrusts the delegate person with a general power to deal with every transaction that the person being represented is involved with.
The Italian Procura Speciale
Through the Procura Speciale (Special Power of Attorney), the delegating person entrusts the delegate person with a specific power to deal with a single transaction. The Special power of attorney can be used in a variety of situations. For instance, it is used to purchase real estate properties, sell cars, and administer inheritances. It is also needed during Italian immigration processes to confer to third parties or professionals the power to submit work permit applications for foreign workers on behalf of the employer/company legal representatives.
Can the Power of Attorney be revoked?
The power of attorney can be revoked if the appointed attorney had a conflict of interest while carrying out the duties that the power of attorney entailed (Art.1394 of the Italian civil code). Also, the appointed party must return the document with which the power of attorney was granted once the validity of the POA ends (Art.1397). Finally, art.1398 explains that the appointed party can be deemed liable for any possible damages caused by exceeding the powers conferred by the power of attorney.
How to obtain a power of attorney valid in Italy
People residing abroad might need to produce a power of attorney to conclude certain bureaucratic processes in Italy. For instance, a power of attorney must be produced by non-EU citizens who wish to apply for a family reunion authorization and therefore need to entrust an Italian resident to submit the family reunion application on their behalf.
In such cases, the delegating person must make an appointment with a Notary Office in their country of residence. The Notary Office will then issue the power of attorney according to the local laws and customs. Usually, foreign notaries issue the document in the local language or in an internationally spoken language such as English.
In order to be valid for the Autority or Institurion requesting it, the Power of Attorney shall be translated into Italian.
Although power of attorney documents are drafted by a legal professional for each case, they should always include an indication of the power given to the appointed person, thus determining what the appointed person has a right to do. Furthermore, power of attorneys should contain the personal data of both parties and a date and place of signature. Finally, they usually include the stamp of the notary who certifies the act.
Legalization of Italian PoA
Once the power of attorney is issued, it must be legalized for use in Italy. Legalization usually includes a preliminary attestation by the relevant authority in the foreign country and, afterwards, a second attestation by the Italian diplomatic or consular representation in the foreign country.
If you need help to find the relevant Italian Consulate, have a look here to find the one competent for your country.
In case bilateral agreements on document legalization or legalization exemptions apply (i.e. Apostille), the process is quicker and usually does not involve the Consulate.
How to make an Italian power of attorney valid in a foreign country
Similarly, power of attorneys issued in Italy can be made valid for use in another country. Power of attorneys issued by Italian notaries must be legalized at the Public Prosecutor’s Office (Procura della Repubblica) in the province where the document was issued. Generally speaking, the Public Prosecutor’s office shall legalize documents issued by the Court such as:
- criminal records certificates,
- true copies of sentences,
- sworn translations and
- power of attorneys issued by notaries.
The Public Prosecutor will legalize the authenticity of the signature of the notary and the legalization stamp will include the full name and profession of the officer that attests the signature, as well as the office stamp.
Then, in the absence of bilateral agreements on document legalization or legalization exemptions (i.e. Apostille), the document should be further legalized at the diplomatic or consular representation of the foreign country in Italy. Consular legalization usually involves the payment of a consular fees.
If you are looking for support for your legalization and apostille processes, take a look at our legalization and apostille services.