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As of January 1, 2012, the italian consular offices, including the Consulate General Italy in Cologne, Stuttgart, Munich, Frankfurt no longer exercise notarial functions, taking into account that the German notariats have joined the International Union of Notaries (U.I.N.L.).

Urkunde

This law firm elaborates the drafts intended for authentication within the framework of the current Italian legislation and coordinates the stipulation of the notarial deed by a German notary public. The most frequently requested notary services are:

Special power of attorney to sell properties in Italy
- Wills
- Public Acts
- Declaration in lieu of affidavit in the event of succession, the possibility of certifying the conformity of a publication to the original.

The Public Proxy in Italy

Power of attorney is the act by which a person (represented) confers on another person (representative) the power to act in his name and on his behalf in the performance of legal acts the effects of which will have direct effect on the represented person. The power of attorney shall have no effect unless it is conferred in the form prescribed for the act to be concluded by the representative.

WARNING: Given the wide powers that are attributed to the Prosecutor according to the delegation of interest, including

- legally bind the principals, set the sale price, collect advance payments and payments,

it is suggested, as a precaution, to appoint only one person of absolute reliability, in order to avoid fraud linked to the main act. Please note that, according to current legislation for real estate purchases and sales, payment is made by bank transfer or bank draft, which is made out to the name of the Prosecutor and cashed by the Prosecutor. If the same does not collect the payments received, an Italian court will have to be applied. The person who has granted an authorization may revoke it at any time, unless it has been specified in the deed that the authorization is irrevocable. In order to obtain the revocation of a power of attorney, the interested party must present himself to the Law Firm with a copy of the power of attorney that he intends to revoke or, in its absence, with all the essential data of the same. The firm will forward the revocation to the revoked public prosecutor and to the Italian notary with whom the revoked public prosecutor's office was deposited.

NECESSARY DATA AND DOCUMENTS

Special power of attorney for the purchase or sale of real estate. The following documents are required to grant such a power of attorney:

- an identification document from the person represented, tax code, the property regime chosen is the commune of assets
- the full details of the person to whom the authorisation is to be granted real estate

 Special power of attorney for inheritance acceptance. The following documents are required to grant such a power of attorney:

- an ID card, your social security number,
- the full details of the person to whom the authorisation is to be granted,
- the data of the deceased, including the place and date of birth and death.

 Special power of attorney for waiver of inheritance. The following documents are required to grant such a power of attorney:

- an identification document, your tax identification number
- the full details of the person to whom the authorisation is to be granted
- the data of the deceased, including the place and date of birth and death
- two witnesses present.

Special power of attorney for acceptance of donation. The following documents are required to grant such a power of attorney:

- an identification document, your tax identification number
- the full details of the person to whom the authorisation is to be granted
- the details of the donor
- a detailed description of the goods to be donated
- resence of two witnesses

 

Pagliaro Law Firm. We've been working in the German-Italian legal field for over 20 years. Bilingual correspondence.

Other legal services:

Italian Citizenship - legal assistance with purchase and repurchase,
Right of first name - change of name and surname,
Family State - registration judgments separation, degree of parentage,
Consular law - judicial assistance


German and Italian inhertiance law. law firm Pagliaro

Our law firm has been working in German-Italian legal relations since 1995. German and Italian inheritance law form a special focus here, i.e. inheritance cases in which the deceased lived in Germany or Italy or possessed assets at home or abroad. These circumstances regularly raise complex questions about international property and inheritance tax law, which require expertise in the legal systems of both countries.

estate determination

Our office is connected with the real estate and business registers in all regions of Italy, so that the estate is quickly and reliably determined. Through our PEC communication system we are in contact with all probate courts, registry offices and banks in Italy.

Discount processing and valuation

Transfers of real estate property in Italy are carried out directly by our law firm, as are the liquidation of financial deposits/bank accounts or transfers to companies. We can handle more complex inheritance disputes, for example between co-heirs, with our cooperation partners, notaries and lawyers. Our information system for land values in Italy enables us to carry out valuations of real estate property in Italy.

Disclaimer of inheritance and limitations of liability

As contact partners for German and Italian inheritance law, we assist our clients in the submission of inheritance proposals. We draft and coordinate the necessary waivers and ensure publicity.

Estate planning for assets in Germany and Italy

Together with German/Italian notaries and tax consultants, we draft wills and donation contracts which can be used in both countries and thus ensure a uniform approach.

inheritance tax

The question of inheritance and gift tax should be considered from the outset. As there is no valid double taxation agreement, special care is required here! We cooperate here with various tax advisors, or support the heir's advisors on questions of Italian tax law. Valuation for real estate located in Italy (land, houses, apartments) or companies.

Costs and transparency

In principle, we recommend a fee agreement, regardless of the estate value. In this way, costs can be kept as transparent as possible. If the mandate ends prematurely or if individual mandate points are waived, the client only pays for the processing performed up to that point.

Our Team

Gian Luca Pagliaro was admitted to the bar in 1995 and is also a specialist in international business law and a lecturer in Italian law at the University of Cologne. In 2017 he completed a specialization in Italian inheritance law, the so-called master breve nel diritto di successione in Milan.

Dott. Daniel Urso, law studies at the Università CATTOLICA DEL SACRO CUORE, Milan, Facoltà di Giurisprudenza, graduation LMG/01 (Giurisprudenza). Focus: Support of inheritance tax returns and real estate transfer.

Dott.ssa Fatima Laghbili, law studies at the University of PISA, Facoltà di Giurisprudenza, graduation LMG/01 (Giurisprudenza); postgraduate studies at the University of Cologne, master's degree for lawyers graduated abroad. Focus: liquidation of bank deposits and notary's office.

 

Acquisition Italian Citizenship

As of last summer 2015, a new procedure is in force for the acquisition of citizenship Italian for wedding. Currently the Italian citizenship is governed by the law 5.2.1992 No 91 (and related regulations of implementation). It reassesses the measure of individual will in the purchase and loss of the citizenship and recognises the right to dual citizenship.With reference to the new legislation and to what has been disclosed by the Farnesina Pagliaro Law Firm summarises the salient points regulatory for information purposes:

The foreign spouse can acquire Italian citizenship (by marriage) on request. The acquisition of Italian citizenship by the spouse can take place on question, in the presence of certain requirements, including the beginning of a certain period of time from the date of marriage, 2 or 3 years, depending on the place of residence. Deadlines halve in the presence of children born or adopted by the spouses.Validity of marriage and permanence of the matrimonial relationship until the date of adoption of the decree; Dual nationality allowed

Since the entry into force of the  Law on Citizenship (1991/92) the purchase of a foreign citizenship does not cause the loss of the Italian citizenship. The citizen should in contrast to formally waive it.

NEW: citizenship by marriage / online procedure
Following the new procedure established by the Ministry of the Interior, by August 2015 for abroad, the application for a acquisition of Italian citizenship goes tabled electronically.
The applicant must register on the dedicated portal.At the same time the new procedure will also change some practical aspects. The consular posts (Consulate) will no longer be able to take charge of the procedure, just providing support.The procedure is therefore entirely at the expense of the person concerned.

 

Processing of international powers of attorney and documents

German law does not generally apply to powers of attorney used abroad. The law of the country in which the power of attorney is to be exercised (so-called effect and form statute) regulates the details to be included in the power of attorney, how it must be structured and in particular the form of the power of attorney. However, if special formal requirements exist, such as notarisation or certification of the power of attorney, these can also be provided before a German notary. It is even possible for a German notary to certify a power of attorney in the respective foreign language so that it can be used directly abroad. Under certain circumstances, an apostille or legalization must still be taught for recognition.

We process and prepare draft authorizations for use in the following countries
•Italy
•Spain
•France
•Marokko

and coordinate notarial certification/certification, if possible with a notary in your area.

You can also read in Aktuell 7/2017: Amendment to the law on international powers of attorney and international legal relations

Urkunde

News

permanent offices:

Dürener Straße 430
50858 Köln


Breite Str. 161-167 (Mevissenhaus)
50667 Köln

domicile office - Italy - Como:

tel. 0221 9483939 (deutsch/englisch)
tel. 0221 9483941 (italienisch)
fax. 0221 9483940

Haben Sie Fragen?
Schreiben Sie uns eine e-mail: kanzlei@ra-pagliaro.de


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