Understanding Procura: Power of Attorney in Italy for Foreigners
A 2023 introduction from Apostille Expediter Harry Otto.
A Procura is a power of attorney document used in Italy, allowing a person to appoint someone else to act on their behalf for various legal matters. This article will provide an in-depth guide on the types of Procura, how to obtain one, and the requirements for foreigners, particularly Americans, when preparing a power of attorney for use in Italy.
Types of Procura in Italy
There are two main types of power of attorney in Italy: Procura Speciale and Procura Generale1. A Procura Speciale grants limited powers to an appointed agent, allowing them to conduct specific tasks on behalf of the principal, such as signing a deed of sale for a property purchase1. A Procura Generale, on the other hand, grants broader powers to an agent, allowing them to represent the principal in multiple judicial proceedings2.
Obtaining a Procura
For people residing abroad who need a power of attorney for bureaucratic processes in Italy, they can apply for a Procura through the Italian Consulate in their country of residence3. If bilateral agreements on document legalization or legalization exemptions apply (e.g., Apostille), the process is quicker and usually does not involve the Consulate3.For non-Italian speakers, it is advisable to sign a Procura in situations that require the principal to sign deeds before an Italian Notary Public, as Italian law requires the deeds to be translated from Italian to the principal’s native language4. In this case, obtaining a Procura can simplify and accelerate the process4.
Requirements for Foreigners
One key difference between a power of attorney in the United States and a Procura in Italy is the use of a Codice Fiscale number, an Italian tax identification number5. This number is required for various activities in Italy, including property purchases, opening bank accounts, and obtaining utilities5.
For Americans who do not have a Codice Fiscale, they can apply for one through Italian consular authorities in their country of residence3. EU citizens living in Italy can apply for a Codice Fiscale at any office of the Agenzia delle Entrate (Italian Revenue Agency)5. Non-EU citizens can obtain the tax identification number at the Single Desk for Immigration or any Police headquarters in Italy3.
When preparing a Procura, ensure that the appointed person has an Italian tax code (Codice Fiscale)1. If signing a Procura in Italy, it must be done in front of a notary public to be valid1. By obtaining a Codice Fiscale and following these guidelines, Americans can ensure their power of attorney documents are legally recognized in Italy.
Conclusion
A Procura is an essential legal instrument for foreigners who need to conduct legal matters in Italy. Understanding the types of Procura, the process of obtaining one, and the requirements for foreigners can help simplify and expedite legal transactions in Italy. By obtaining a Codice Fiscale and following the necessary guidelines, foreigners can ensure their power of attorney documents are legally recognized and valid in Italy.
Need to apostille your Procura? Call, text or WhatsApp Harry Otto at 01-914-441-2444 or upload your document for printing and processing here: apostilleapply.com