Applying A Power of Attorney in Italy

Unable to travel to Italy?

If for any reason, you are unable to reach Italy in person to fulfil legal obligations such as signing legal documents or dealing with Italian succession procedures, the solution may be to confer a Power of Attorney.

How does a Power of Attorney work?

A Power of Attorney – “Procura” in Italian, is a legal instrument that allows someone (an agent or attorney) to act on behalf of someone else (the principal). A “Procura” specifies exactly what powers the principal grants to the appointed agent. These powers can be either limited or extensive in scope.

What are the different types of Power of Attorney in Italy?

There are two types of Power of Attorney in Italy.

  • A Procura speciale: The principal gives limited permission to an appointed agent to conduct very specific tasks on their behalf. For example, if you are purchasing real estate in Italy but, you cannot be in Italy in person to sign contracts or a deed of sale, you can arrange a Power of Attorney so that someone can sign on your behalf.
  • A Procura generale: The principal entitles an appointed agent to do almost anything the principal could do.

The principal can revoke both types at any time. It is important to note that in the context of a property transaction, conferring a Power of Attorney on a real estate agent is not generally permitted.  This is to avoid a potential conflict of interests: estate agents are not qualified to offer legal advice and, as they work on a commission basis, they have a vested interest in making sales.

How can I get my Power of Attorney recognised in Italy?

For your Power of attorney to be recognised overseas, the document will first have to be notarised and be presented with an apostille. Apostilles are used to certify official documents for international use. Apostilles are valid in jurisdictions that have adopted the provisions of the Hague Convention on the mutual recognition of documents.

Italy, the UK, the USA and Australia are all signatories to the Hague Convention. In the UK, you can obtain apostille services through the Foreign Commonwealth & Development Office, in the USA the U.S Department of State, in Australia you should contact the Department of Foreign Affairs and Trade.

Due to the ongoing pandemic, while you are waiting for an apostille to be formalised, at De Tullio Law Firm, we are able to check the validity of signatures, stamps or seals and provide a provisional confirmation that these appear genuine

Finally …

A Power of Attorney is a sensitive legal matter as you are entrusting the management of some or all your legal and

financial affairs to someone else. You should only appoint someone who you are confident will act responsibly in your interests, has the necessary skills and is competent, reliable and willing to act for you. We, therefore, recommend that you confer your Power of Attorney on a professional such as a solicitor.

If you are looking to prepare a Power of Attorney to apply in Italy, it is worthwhile seeking legal advice from a cross border legal specialist. At De Tullio Law Firm, we are able to draft Powers of Attorney specific to your circumstances, assist you with implementation and act on your behalf in Italy. Please get in touch with us at info@detulliolawfirm.com

 

 

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How do UK nationals obtain permanent Italian residency?

Visa requirements

Starting from January 1st 2021, UK nationals planning to stay in Italy for more than 90 days within a 180 day period, have become subject to national visa requirements in accordance with Italian immigration rules applicable to non-EU / third country nationals.

UK nationals wishing to permanently reside in Italy have to follow the same procedures as other non-EU nationals to obtain an Elective Residency Visa (ERV).

UK nationals who became residents in Italy before January 1st 2021, can now apply for a Biometric Residency Card (Carta di Soggiorno Elettronica).

Becoming a permanent Italian resident after Brexit as a UK national

Since January 1st, 2021, UK nationals who wish to reside permanently in Italy will need an Elective Residence Visa (ERV). This is a long-term visa for non-EU citizens who intend to live in Italy. You must be able to prove that you own or lease a property in Italy. You must also be able to support yourself autonomously through income not related to employment. Therefore you will not have to recourse to the Italian welfare system.

An ERV is valid for 1 year after which time, it may be renewed at the relevant police headquarters (questura) provided that the original requirements are still met. ERV applications must be submitted to the Italian consulate in London.

If you are experiencing difficulties obtaining an ERV or if your application has been rejected, you may be interested in reading this article: ERV case study.

UK nationals living in Italy since before January 1st 2021

If you were resident in Italy before January 1st 2021, the UK’s withdrawal agreement from the EU protects your residency and citizens’ rights.

You can now apply for a Biometric Residency Card (carta di soggiorno elettronica). The Biometric Residency Card is an electronic residence document for UK nationals and their families. It provides further evidence of your right to reside in Italy. A Biometric Residency Card can replace other residency paperwork when travelling in Italy or other countries in the Schengen Zone.

Find out more…

We understand that Italian residency matters can be confusing and difficult to navigate. If you have any questions about what action you should take or if you need help concerning an Elective residence Visa  or a New Biometric Residency Card for UK Nationals Living in Italy, please get in touch with us at: info@detulliolawfirm.com

 

Can I still buy property in Italy after Brexit?

What is reciprocity?

Even before Brexit, property investments were never governed by EU legislation. Ownership and property laws have always been based on sovereign laws set by individual countries. When you buy property in, for example, England, the applicable law is that of England and Wales. When you buy property in Italy, your purchase is governed by Italian legislation.

As members of the World Trade Organisation, both the UK and Italy signed up to the General Agreement on Trade in Services (GATS) in 1995. Commitments made under the GATS by both the United Kingdom and Italy allow for the purchase of real estate properties. There are no limitations regarding reciprocal market access or national treatment of foreign purchasers.

Reciprocal commitments made within GATS, establish a quid pro quo principle

In simple terms, you can invest in the Italian real estate market provided your home country allows Italian nationals to invest there.

For a general overview concerning the conditions of reciprocity with the UK, the Italian Consulate in London has communicated that, following an analysis of the relevant British legislation and after consultation with UK authorities, the status of the condition of reciprocity for foreigners in the UK is, in principle, confirmed.

The ownership of real estate, the establishment of companies, the acceptance of inheritances or gifts are not conditioned by citizenship. However, it should be noted that the purchase of property or setting up a company in the UK does not automatically confer the right to move and work in the UK. The same is valid for UK property and company owners in Italy. If you want to reside in Italy, you will need to obtain residency permits.

Find out more

For over 55 years, De Tullio Law Firm has been providing international clients with independent legal advice. We offer services in all the major fields of Italian law with particular expertise in real estate, residency, family law and inheritance matters. Get in touch with us: info@detulliolawfirm.com

You may also be interested in How to get a mortgage in Italy.

New Biometric Residency Card for UK Nationals Living in Italy