The Consular Office performs – exclusively for Italian citizens who are abroad either permanently or temporarily – certain notarial functions provided for by Italian law, such as receiving public deeds (powers of attorney, wills), notarial acts, affidavits, authentications and signatures affixed to private deeds.
Italian citizens in Lebanon may, alternatively, formalize notarial deeds with a notary public officially accredited. The Notary’s signature must then be legalized by the Consular Office of the Italian Embassy (see section on Translation and Legalization of Documents).
For all notarial services, it is necessary to first contact the Consular Office by email at cons.beirut@esteri.it to request an appointment.
1. POWERS OF ATTORNEY
A power of attorney is a legal document through which a person (the principal or grantor) authorizes another person (the agent or attorney-in-fact) to act on their behalf in legal matters, with direct legal effects on the principal.
Powers of attorney are divided into two categories:
- General Power of Attorney: The person concerned entrusts the agent with the management of all current and future matters. The General Power of Attorney is issued for an indeterminate time.
- Special Power of Attorney: The person concerned authorizes the agent to handle specific matters. The Special Power of Attorney is valid only up to the conclusion of the specified affair.
Citizens intending to obtain a power of attorney must email the to cons.beirut@esteri.it the draft text of the act, their own personal data and that of the agent in addition to any other relevant information regarding the type and subject of the power of attorney.
Required personal information include:
- Full name (if married woman, maiden name);
- Date and place of birth;
- Residence;
- Citizenship;
- Occupation;
- Italian Tax Code (Codice Fiscale).
Please note that the concerned person (the principal) must appear in person at the Consular Office with a valid identity document.
The subject of the power of attorney must always be clearly identified.
Law no. 246 of November 28, 2005 limits the cases in which the presence of witnesses is required. These include:
- Acts of donation;
- Marriage agreements and modifications;
- Declarations regarding the separation of property regime;
- Cases where one party cannot read or write;
- Specific requests by the Consular Office or notary;
- Other cases provided by law.
Warnings:
- Powers of attorney related to donations (e.g., to make or accept a donation) must be drafted in the presence of two witnesses, chosen by the principal and not related to them.
- If the principal is acting on behalf of a company or entity, he/she must provide proof of its legal existence and of their position.
- Married individuals under community property regime must both sign all financial documents.
Examples of powers of attorney and important information:
- Special power of attorney for the purchase or sale of a property: property registry details, location, boundaries; preferably with a copy of the property registry extract.
- Special power of attorney for the sale of a vehicle: vehicle details; preferably submitting a copy of the Vehicle title.
- Special power of attorney for lawsuits: personal data of the attorney, office address, court and case information (competent court and nature of the case).
- Special power of attorney to collect money: check/postal order details (number, date, paying office), or for bank/postal withdrawals – bank name, account number and the amount.
- Special power of attorney for acceptance/renunciation of inheritance or Administration of Assets Acquired by Succession: deceased’s personal data (name, surname, place/date of birth and death). Two witnesses are required for Inheritance renunciation (Italian or foreign citizens who understand Italian and are not related to any of the interested party).
- Special power of attorney to accept a donation: donor’s personal data and residence; detailed description of the donated property. Two witnesses are required in this case (Italian or foreign citizens who understand Italian and are not related to any of the interested party).
- Special power of attorney to make a donation: a detailed description of the donated property (including registry info for real estates) and full details of the beneficiary. In this case, the presence of two witnesses is necessary (Italian or foreign citizens who understand Italian and are not related to any of the interested party).
The principal may revoke a previously granted power of attorney. The act must contain all relevant information regarding the original power of attorney (date, record number, agent’s full details and address), and be sent to both the former agent and the Consular Office.
2. PUBLIC WILL
A Public Will is a declaration of will made by the testator to a delegated officer authorized to perform notarial functions, in the presence of two witnesses and drawn up in writing.
In contrast, a Secret Will is only formally received and deposited in the Consular Office (its content remain confidential).
Finally, a Holographic Will does not need to be drawn up by the Consular Officer and may be deposited anywhere. It is often deposited in the Consular Office to prevent loss and to ensure its prompt publication upon the testator’s death.
3. PUBLIC ACTS
These are a category of legal documents (e.g., a deed of donation) for which the law mandates the form of a public act.
4. AUTHENTICATION SERVICES
Authentication by a consular officer certifies the origin of a document or signature. Examples include:
- Signature Authentication: it certifies that a signature on a document was made by the identified person. The individual must appear in person with a valid ID and tax code.
- Photo Authentication: it requires you to appear in person with valid ID and three identical passport photos.
Per ulteriori informazioni sugli atti notarili consultare: https://www.esteri.it/en/servizi-consolari-e-visti/italiani-all-estero/attinotarili/