Competence of Notary



The Notary is an official, such as super partes (who guarantees the protection of all parties in equal measure). The State's assigns to the Notary two major tasks: give faith to public acts and proceed to collection of taxes for economically significant activities and operations.

This concerns playing a very delicate activity, with which nearly every citizen might have something to do in life: buying a property, take out a mortgage, guarantying the generational passage of real estate and businesses, making or publish a testament, forming company, adjusting the various financial reports.

To play this role the State requires Notary a high legal knowledge, which is guaranteed by a public competition directly managed by the Ministry of Justice and by continuous controls to the notary carried out by organs of the State.

Therefore, to ensure impartiality the Notary has to protect the interests of all Contracting Parties with the same intensity, regardless of who has assigned theCharge to the Notary; moreover the Notary should refrain whenever a conflict of interest occurs withthose involved (for example, when the Act involved their relatives) playing in this way a function of prior control of legality.

Thanks to the checks carried out by the Notary in Italy there is not litigation about real estate transactions (only 0.003% creates litigation), for this reason many speak of “anti-processualistica Notary function” and our system is being studied by several countries that do not adopt the so-called model of “Latin Notaries “.

No less delicate is the role played by Notary in the implementation of the control on money laundering: In fact, Notary has to provide for the identification of customers and of the actual owner of the operation, collecting information about the provenance of the money used for a specific operation and communicate any suspicious transactions to the competent bodies.

According to data provided by the Guardia di Finanza, about 90% of reports of suspicious transactions received by the professionals come from notaries, although everyone is subject to the reporting requirements.

Also this aspect makes us understand how the Notary is not only at the Service of citizens, but also alongside the institutions in control of legality.



For we have seen that the role of the notary and the effects his activity has in the lives of individuals and businesses, it would be very appropriate that anyone chose their own trusted Notary to whom to assign the difficult and delicate task of finding the correct way to implement its will over a wide variety of events, both personal and professional.

The Notary has the task to investigate the intention of parties and implement it in fact and in law, within the limits of law and with all the appropriate safeguards; for this reason we must dispel the myth (in negative terms) that the notary only affix a signature on a form compiled by someone else and equal for everyone.

Each notarial act must be careful and directly examined by the Notary after an exhaustiveanalysis of the elements that characterize the present case.