These are areas in which notaries serve the public function assigned to them by law, along with a few precious tips from the notary!
- Transfer of ownership and real rights
I want peace of mind and certainty when I buy a home, so I see a notaryNotaries play an essential role in real estate negotiations, for the transfer of property rights and other real rights. In this area, the notary’s work consists of, among other things, a comprehensive analysis of the property’s deeds of origin (either by act inter vivos or by succession), its compliance with urban-planning and land register regulations and whether the property to be purchased is free of restrictions and encumbrances, while the notary must always remain “above and for the parties.” Notaries also handle transactions with banks and lending institutions in connection with real estate transactions, liaising with them and preparing the necessary documentation.
The notary’s adviceThe notary recommends contacting him as early as the preliminary stage of a real estate transaction when it is being structured, beginning with the drafting of the purchase proposal. The firm is willing to interact directly with the parties or their representatives, as well as with specialists, construction companies, brokers, banks and any real estate agencies involved.
I would like to make arrangements for my estate after I pass on. How do I handle the Italian inheritance statement.....? I need to speak with a notary.Inheritance law is undoubtedly the area in which notaries are considered the utmost experts, especially given the fundamental functions that they perform pursuant to law. Considering the many different interests at play, which can affect the different parties and the estate taken as a whole, notaries exclusively handle each and every step of the inheritance process, although it is important to distinguish between the different services that they offer: the drafting of a client’s will, for which notaries advise their client on its form and substance, aligning the client’s will to that of the law; post-mortem services and execution of the will (where one has been drafted) or the enforcement of legal inheritance rules, in which a notary assists the beneficiaries, explaining the legal requirements that must be met (inheritance statement, publication of wills, etc.).
The notary’s adviceThe notary strives to serve as a trusted personal advisor to the person writing the will. He arranges a series of private, confidential meetings with the client in his office. For heirs, the firm handles civil law and tax requirements following the death of the person whose estate they are inheriting.
- Businesses and companies: start-up
I want to start a business but I don't know how to go about it, I need to speak with a notary.When starting any business activity, to be fast, effective and streamlined, it is best to rely on the right professionals. A notary plays a crucial role in recommending the best tool and legal vehicle for the new business, taking into account the various types of liability that the law envisages for the parties involved.
The notary’s adviceThe crucial first step is discussing the business idea. Only after its scope has been defined, identifying the human and financial resources available for the project, can we begin incorporating the appropriate structure and starting it up.
- Businesses and companies: restructuring, financing and equity transactions
My business is changing and the time has come to adapt to the market, I need to speak with my notary.Any small, medium or large business, whether national or international, may, at some point in its life, find that the need to adapt to the market and market developments entails a corresponding change in its original structure. This is where the notary comes in. Together with other professionals involved in the process, the notary defines the new business goals, which can be achieved by modifying its original legal form or through equity or financing transactions.
The notary’s adviceThe notary believes that a well-planned series of business restructuring operations scheduled over time is ideal. In this way, the resulting benefits can be evaluated or the “en route adjustments” permitted by law can be made.
I would like to give a property or sum of money to someone I love. How can I do this and what does it entail? I know I need to see a notary.The law requires public deeds for gifts, unless the gift consists of chattel of modest value and considering the gift giver’s financial circumstances. The law therefore requires the assistance of a notary, which is indispensable considering the effects on inheritance that the gift could have and to adequately justify the enrichment of the party through an act of generosity.
The notary’s adviceAs with an inheritance, a gift reflects the deeply personal will of one person to enrich another through their generosity. The notary reminds clients that a gift is a contract, despite having certain particularities, and that the parties must agree on the clauses of this contract in advance, as the gift affects inheritance. Specific attention must also be paid to the tax law applicable to gifts.
- Family and property ownerships between spouses
I want to protect my family, allocate certain assets to meet my family's needs and keep them separate from my professional or business activities, I need a notary's help.Notaries also play a particularly effective role in defining property ownership arrangements within families. The law allows spouses to change their property regime in the course of their marriage, enabling them to safeguard their separate interests and protect assets from potential actions by creditors.
The notary’s adviceThe notary believes that meeting in advance with both spouses is the best way to determine how to most effectively meet the family’s needs. This is because it is not always necessary, or even useful, to draft agreements or establish restrictions on assets to protect the family.
- Protective measures (minors, emancipated children, interdiction and incapacitation, protection for incapable adults)
I know that a notary can help me in many different ways and could handle all the authorisations required by law.You might not think immediately of a notary for assistance with the measures listed above. Actually, the law qualifies the role of the public official in concert with the work of the judicial authority: notaries therefore have the power to sign and lodge claims for non-contentious proceedings regarding the drafting of deeds transferred to the ministry. Furthermore, notaries participate in the necessary inventorying actions and, with respect to the protection of incapable adults, they can formalise a client’s appointment of a trustee, guardian or administrator in view of their future incapacity.
The notary’s adviceThe notary may be involved at different times in the process, either during the proceedings to appoint a trustee, guardian or administrator, or once one has been appointed to authorise certain legal contracts. In both cases, the notary prepares the necessary documentation and interacts with the legal bodies, which he identifies as having jurisdiction for the deeds to be authorised.
- Bequests and trusts
I find the idea of bequeathing my estate, my assets to specific beneficiaries or for specific purposes particularly reassuring. I'll ask the notary about it!Until recently, bequests and trusts were not envisaged by Italian law. Now, not only do we consider them appropriate, but, and above all, we see how extraordinarily useful they can be, even as a tool for social causes, as described in the citizen’s handbooks of the National Council of Notaries.
The notary’s adviceThe notary is extremely open to this type of instrument. However, especially when it comes to trusts, regulations in other countries may apply. This is why the notary believes that it is fundamental to work as a team in the specific definition of the trust plan and the clauses of the deed establishing it.
- Associations, Foundations, Legal Entities and Bodies
I know that to achieve my ideals and altruistic goals, including for social causes, I need to create an entity, an association or a foundation. Let's establish rules of operation and set objectives, let's speak with a notary!The notary directly oversees the preparation of the deed of incorporation for a legal entity. In addition to indicating the entity’s purpose, it contains the rules of operation and the determination of equity. The notary discusses each and every clause with the client, and together they decide when to register it with the Register of Legal Entities, based on the regional or national jurisdiction of operations.
The notary’s adviceThe notary is also willing to help in the preparation stage when defining the entity’s purpose. He recommends setting forth common steps leading up to the establishment and/or attribution of legal personality, in accordance with the requirements of national or regional law.