Italian Public Notary

The Italian public notaries are civil law public notaries who act as public officers with jurisdiction over voluntary private law. Their main activities are the authentication of documents. A public notary in Italy plays an official role in the Italian legal system. The first legal mentioning of public notaries in Italy was made in 1875 under the influence of French legal system. Public notaries in Italy act as neutral parties, since they do not work on behalf of one of the parties who sign a contract, no matter who pays them.  Public notaries in Italy must register with the Board of Notaries in order to be able to practice in Italy. 

Admission

In 1913, it was introduced the obligation for a candidate to public notary in Italy to have a degree in law. In 1926, it also became mandatory for future public notaries in Italy to pass a state examination. Nowadays, public notaries in Italy are appointed by the Italian State after a national open competition exam is organised by the Ministry of Justice. On average, only one in twenty candidates passes this exam. They still need to have a law degree and after graduating, an applicant for public notary in Italy must register with the Board of Notaries and work as a trainee with a Notary Firm for 18 months.

Activities

A public notary in Italy must be present when two parties sign a contract. Public notaries in Italy must conduct formal checks of documents and confirm the identities of the two parties signing a contract, as well as their right to take part in the transaction. Public notaries in Italy file property titles with local land registry and keep original documents. Italian public notaries also deal with true copy certification, property transfer formalisation, will formalisation, estate matters or company registration. A public notary in Italy provides legal consultancy on contractual obligations to both representatives who are about to sign a deed.

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