Power of Attorney in Italy - English-Speaking Local Law Firm

Our team of Italian lawyers can offer legal assistance to persons or legal entities interested in giving the power of attorney to another person, who can represent their interests in Italy. A power of attorney in Italy is a legal document used to delegate to another individual to handle special or general matters, such as legal or financial ones. In Italian, this is called “procura” and it must be drafted according to law. The experts at our law firm in Italy can assist with the preparation of the power of attorney and can also act on your behalf as the appointed agent.

Quick Facts
Assistance for drawing up a power of attorney in Italy	Our lawyers in Italy assist those interested in drawing up a power of attorney, irrespective of its use.
Common power of attorney use for commercial matters	Signing contracts, banking, tax and asset management, property sale/purchase, financial submissions or matters for the company
Common power of attorney use for personal matters	Banking matters, medical decisions, property sale/purchase, etc.
Parties that can be empowered to act on another’s behalf through a power of attorney	Natural or legal persons
Types of powers of attorney in Italy	General or limited
Requirements for the party granting authority	Must do so willingly and whilst having full mental capacity.
Requirements for the party that receives the authority	Must have the capacity to act on behalf of the donor of power and fulfil the full range of legal and fiduciary obligations.
Institutions where the document can be signed	Italian notary office, Italian consulate abroad, or a foreign notary (with apostille or legalisation)
Costs associated with preparing a power of attorney in Italy	Notary and translator fees, other legal costs
General information included in the power of attorney	The parties’ identification details and the type of power of attorney
Specific information included in the power of attorney	Details on the tasks completed via the document or any special methods/requirements for completion
Copy of the document automatically issued	Usually drawn up in two original copies
Power of attorney can be revoked (Yes/No)	Yes
The use of a translator when preparing an Italian power of attorney	Required when one of the parties is not a native Italian speaker
Power of attorney validity	As specified in the document

The use of a power of attorney in Italy

The person who has received the power of attorney can perform different transactions, such as purchasing a property, registering a company, concluding a contract, dealing with business partners, and many other legal actions.

Persons who choose to grant the power of attorney to another person in Italy can perform this action in front of a public notary, which is a compulsory step in order for the document to become legally recognized in Italy. The power of attorney can be granted to an Italian lawyer or to any other trustworthy person. An important aspect refers to the fact that for property and tax-related acts the principal (and in practice the attorney) will need an Italian tax code (codice fiscale).

It is essential to know that the power of attorney in Italy can be drafted in another country as well, but the procedure requires other legal requirements, depending on the specifics of that particular state. As such, the procedure can differ in the following situations:

that country has ratified the Hague Convention;
the nationality of the person who is providing the power of attorney (Italian or other nationality).

We present you an infographic with cases in which a POA can be used in Italy:

Power of attorney signed abroad

In the situation in which the person who wants to sign the power of attorney for his or her legal interests in Italy is in another country, the individual can sign the document in front of an Italian consulate or embassy established in that foreign country.

The document signed should also be legalized to prove that the signature on the document is valid, and the power of attorney in Italy is a public deed.

The document can also be drafted as a bilingual power of attorney (in Italian and English) that will be accepted in Italy. In the situation in which the power of attorney is not written in Italian, the document should also be translated into the local language. If the power of attorney is signed abroad, some local banks may require authenticating the document at a public notary in Italy.

Persons interested in buying a property in Italy can benefit from specialized legal support from our lawyers with experience in immigration matters, including representation with a power of attorney in Italy. They will assure you that the chosen property is not involved in litigation, is registered with the Land Register, and the documents are correct from a legal point of view. We mention that EU/EEA citizens and legally resident foreigners face no restrictions in purchasing a real estate property, while other non-EU citizens may buy subject to reciprocity, as long as it is not in the possession of the state. Discuss all legal aspects with one of our Italian lawyers.

The power of attorney is a very useful tool when buying real estate in Italy, and the buyer can’t spend the entire time required for the acquisition process in the country, as well as for many other legal procedures.

Types of power of attorney in Italy

Depending on the situation you want to solve, there are different types of power of attorney in Italy:

Special power of attorney – a person with a specific power can be delegated for a certain transaction. This type of power of attorney is mainly used in the purchase of real estate, inheritance management, immigration issues, or car sales.
General power of attorney – this document can be used for any kind of transaction or administrative procedure. The represented person can benefit from the power of attorney made by our Italian law firm. One of our lawyers can represent you.

A power of attorney in Italy can, in some cases, be drawn up as a bilingual document. This may be useful in certain cases. When this is preferred, English is the commonly chosen language. While it is not a requirement, should you prefer drafting the document in a bilingual version, our attorneys in Italy can help you with this process.

Regardless of its type (special or general), a power of attorney in Italy must include certain details about the principal (the donor of power) and the attorney-in-fact. In Italian, these two parties are called the mandante and the procuratore.

The details included in all power of attorney documents are the following:

The key identification details for both the principal and the attorney-in-fact. These are their full names and addresses;
Other identification details, as may be the case. Here we can include ID card numbers, or the Italian fiscal code, in the case of companies;
Where witnesses are required (only in specific cases, e.g. if the principal cannot read or write or asks for them), the identity of the witness who is present for the signing of the document that will essentially be used for the transfer of power;
The identity of the interpreter, if this is the case. An interpreter may be used when the donor of power is not an Italian native speaker and the document is drafted in Italian. If required, the experts at our Italian law firm can give you more details about this requirement;
Other details that refer to the document in particular, such as its exact number of pages and the number of copies created for its purpose;
The notary’s statement on having read the document, and their identification marks (notary seal, signature).

The text of the document must also specify the purpose for which the power of attorney is used. As previously stated, these can be special or general:

For a general power of attorney, the text will specify that the donor of power grants full rights to the agent. The exact capacity of said powers is described in writing, so as to avoid any confusion on the part of the role of the attorney-in-fact;
For a special power of attorney, the exact range of the acts handled by the agent is defined and, as required, any limitations thereof. The actions of the agent cannot extend past the scope defined in the power of attorney.

When can a power of attorney be used in Italy?

Power of attorney in Italy can only be used if it is legalized. Practically, it can be said that at the moment this document is drafted, it is being legalized for use on the territory of Italy. A POA signed before an Italian notary needs no further attestation; one signed abroad needs an apostille (Hague Convention countries) or, otherwise, legalisation by the Italian consulate or Italian diplomatic mission. Relevant information on this topic can be provided by one of our lawyers in Italy.

Foreigners and Italian power of attorney

Foreign citizens who want to make various transactions on Italian territory can be represented with a power of attorney. The document is necessary for real estate transactions, in which the foreign citizen cannot be present. Thus, instead of it, when signing the contract of sale and purchase of a property, the authorized person can be present, which can even be one of our lawyers.
Also, if there are foreign citizens who want to purchase cars, yachts, or other such properties without moving to Italy, they can request a power of attorney. In these steps, you can confidently call on one of our specialists who can draw up apower of attorney in Italy and represent you whenever you want.

In what other situations is an Italian power of attorney needed?

There are other cases in which a power of attorney in Italy is necessary, apart from the acquisition of goods, real estate, etc. For example, this document can be recommended in mediation processes and judicial disputes, if the person or persons involved cannot be physically present. You can also request anItalian power of attorney if you want to open a bank account, transfer inheritance funds, or request a bank loan. Property management can be the subject of a power of attorney.

Can a company be opened in Italy with a power of attorney?

Yes, foreign businessmen who want to start a company in Italy can be represented with a power of attorney. It can be said that, with the help of this document, entrepreneurs can be represented in all procedures related to company registration. Thus, the documents are drawn up and submitted to the relevant authorities, such as the Italian Trade Register. Also, opening a bank account, registering for the payment of taxes, and obtaining the necessary licenses for carrying out the activities.

Persons interested in receiving legal assistance for drafting the power of attorney in Italy can contact our Italian law firm.