With a Power of Attorney, professional of c_legal law firm acts regularly on behalf of clients who, for any reason, cannot participate in the contractual agreement or stipulation phases.
This practice is very common for online and remote transactions. If the client needs a legal representative who manages dealings on their behalf in Italy, the Power of Attorney is the perfect solution.
The Power of Attorney is a document that is legally binding and grants an individual (or group of individuals) the right to act on behalf of a person for the stipulated tasks or responsibilities that are outlined within the Power of Attorney.
The PoA is a document legally binding through which a person gives another person (“the attorney” or “representative”) the power and grants an individual the right to act on behalf of a person for the stipulated task or responsibilities that are outlined within the PoA for one or more affairs.
It contains advanced provisions that fully protect any transaction, choosing when it takes effect and which powers/authority to be granted.
The general PoA expires at the death or mental incapacity of the person who issued the PoA or in case of conflict of interest with the representative.
Regarding property transactions abroad, individuals will not be able to use their National Power of Attorney form as these will not be recognised in Italy, which is why it is important to plan ahead with the correct documentation when purchasing a property in Italy.
Nevertheless, the PoA can be issued abroad, in the Country where the person resides or is located. This practice is very common for online and remote transactions that became really important and useful during this pandemic when a person cannot travel and needs a legal representative who manages dealings on his/her behalf in Italy. The PoA is also important before the Notary in Italy in consideration of the fact that the public deeds are officially stipulated in the Italian language with technical legal language and a Foreigner needs assistance to be legally advised.
We normally issue PoAs worldwide and with legal effect here in Italy for many matters, such as buy or sell properties, handle an inheritance, to establish a new company, represent the client in court or before the tax authorities or make payments on behalf of our clients. etc.
We keep contacts with Notaries in Italy and abroad, public offices abroad, including Italian Embassies and Consulates when we need legalization from some countries.
The procedure can vary from each Country where the clients are located, and if the specific Country takes part or not of International treaties or other bilateral treaties.
We normally assist the clients during the entire process. When we discuss the needs of the clients by phone, and we chose the correct procedure in consideration of the location of the clients, we issue the International PoA with all the information here in Italy, sending it via email to the clients and making contacts with Notaries and Public offices abroad. Once the procedure abroad is completed accordingly to our indication, we receive through courier the PoA with the signatures in original, Apostille or legalization through consulates and we carry out the necessary steps to provide legal effect here in Italy.
For that reason, our law firm has implemented specific procedures for handling International PoA for people located abroad.
As already said, the procedure is different in every country and the timing varies in consideration of the public offices involved. It can take from 2/4 weeks up to 4/6 weeks.
The authorities that may be granted are:
Signature of Preliminary contract and final deed before the notary public
Bank account opening and representation
Request the Italian Tax number
File documents on clients' behalf
Hire services with third parties
Deal with assets