In adversa, ultra adversa.
The Notary’s activity
In his dual capacity as public officer and self-employed professional, the Notary, selected through a public competitive examination which is considered the most impartial and selective in Europe, is one of the most qualified operator in the legal sector.
As the “Citizens’ Rights Charter with the Notary” says: the relationship with the Notary starts before the execution of the deed, so that the client can receive all necessary clarifications. If the Notary employs collaborators, this always happens under his direct supervision and responsibility and the client can address him directly at any time. Even in the easiest contract the Notary always checks that its content complies with the legal status and the will of the parties.
The Notary, in his capacity of legal expert and subject appointed by the State for particular mandatory activities in the public interest, once he has identified the needs of the parties, suggests the best options to achieve their goals.
If there are more ways to achieve that goal, the Notary presents the different opportunities, explaining every content and effect of the deed.
In the end the Notary warns the parties: about the economic futility of a certain deed, the dangers and consequences that may rise from some choices in matters of fiscal savings, the possibility to address other offices for mere formalities which don’t require a Notary.
The Notary guarantees that:
- • the notary deed complies with the will of the parties;
- • the deed is valid and therefore complies with the law;
- • the legal effects of the deed are not affected by any restriction or third parties right (e.g. mortgages, foreclosures, servitude, preemption or other) which the involved parties are not aware of;
- • he will pay all the required taxes regularly within the timeframe foreseen by the law.
The citizen shall have the right that the Notary:
- • accepts the parties request to draft a deed: he shall have no right to withhold performance if not in the cases specifically established by the law (e.g. unlawful acts);
- • guarantees absolute independence and impartiality; he can never act in the interest of only one party, even if he has been chosen by it. Instead he shall indicate any legal or contractual imbalance;
- • verifies the identity and the will of the parties involved and their capacity to carry out the deed;
- • provides a rough estimate and, after collecting all the necessary documents, a detailed estimate for the deed, indicating separately all items: taxes, professional fees, VAT. It should be noted that, as for any other professional service, cost is not the only criteria to make a choice.
- • verifies the possibility of tax benefits or points out eventual legal or fiscal problems, suggesting alternative solutions different from the ones required;
- • carries out checks in the Public Records;
- • verifies, as far as his competence extends, that the goods are tradable and therefore transferable;
- • respects all the formalities for the validity of the deed;
- • reads the public deed entirely in front of the parties, providing all the clarifications required and, once the deed has been approved, makes sure that the parties sign it in his presence;
- • registers the deed at the Internal Revenue Service (Agenzia delle Entrate) and pays the relative taxes on behalf of the client;
- • deposits the deed in the Public Records within the timeframe foreseen by the law;
- • guarantees his and his collaborators total confidentiality with regard to all deeds and their contents;
- • produces a certified copy of the signed agreement;
- • issues an invoice for the professional service indicating separately all items.