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
A Procura Generale (General Power of Attorney) grants the appointed representative broad powers to act on behalf of the principal, primarily in matters of ordinary administration. Acts of extraordinary administration may also be included, provided that the relevant powers are expressly granted. The scope and formal requirements of the Power of Attorney must be assessed according to the acts to be performed and the applicable legal provisions.
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?
As a general rule, a Power of Attorney can be revoked by the principal. Under Article 1396 of the Italian Civil Code, the revocation must be communicated to third parties by appropriate means. Otherwise, it cannot be enforced against them unless it can be proven that they were aware of the revocation when the contract was concluded.
Under Article 1394 of the Italian Civil Code, a contract concluded by a representative in a conflict of interest with the principal may be annulled at the principal’s request, provided that the conflict was known or recognizable to the third party.
Furthermore, once the representative’s powers have ended, they must return the document evidencing those powers (Article 1397).
Finally, under Article 1398, a person acting as a representative without the necessary authority or exceeding the powers granted may be held liable for damages suffered by a third party who relied, without fault, on the validity of the contract.Â
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 Authority or Institution 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.