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14-May-2020 06:17

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LEGAL UPDATE by Charlotte Oliver: A power of attorney (“procura generale” or “procura speciale”) must be drafted and signed in a valid form acceptable in Italy, in order to give the power to another person to carry out transactions such as the purchase or sale of property, to act in a succession in Italy, to deal with financial affairs and bank accounts or to set up a company.

If the power of attorney is signed in Italy, the signature must be witnessed by a Notary Public.

The deposit of the power of attorney in Italy is therefore an extra check on the validity of the contents of the document, in that it is then considered to have been approved as not in violation of Italian law.

The information listed below must be completed on the Power of Attorney for individuals importing sport hunted trophy shipments and other personal items such as curios: Individuals who are residents of the United States are recognized by U. Customs and Border Protection by their social security number, which is referred to as the “Importer Number”.

Customs and Border Protection, Department of Homeland Security, also require Customs Brokers to take additional steps to validate social security numbers and information contained on Powers of Attorney (Administrative Message 055-0441 dated 4/20/2005).

Acceptable documentation required for validation is: In lieu of a social security card, a broker may also accept any document, not more than 12 months old, issued by the IRS or Social Security Administration.

A power of attorney signed before an Italian Consulate overseas is considered to have been signed in Italy and will not require legalization, although the Consulates generally only provide services to Italian nationals.

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A non-Italian signing the power of attorney outside Italy needs to go through a two-stage process, firstly they must sign before a competent person under the rules of that country, usually a Notary established in that country, and secondly the power of attorney signed and witnsessed, must then be legalized.It is primarily used by NRI (Non-resident Indians) to manage their property in India.