This site uses cookies to provide a better experience. Continuing navigation accept the use of cookies by us OK
consolato_toronto

Legal Office

 

Legal Office

 

 

 

General information
As of May 28, 2011, in accordance with Ministerial regulation n. 71 dated March 2, 2011, this Consulate General will be offering legal services exclusively to Italian citizens. A valid Italian passport will be required as confirmation of one's Italian nationality status.  The Consular officers will be acting in the capacity of notaries based on the new policies of the aforementioned regulation.
Non-Italian citizens may avail themselves of the services of one of the notaries whose signature is officially recognized by this Consulate and subsequently have the document legalized by this Office.
Alternatively, non-Italian citizens may use the services of any other notary public, then have the signature first authenticated by Foreign Affairs and International Trade Canada in Ottawa, following which the document may be legalized by this Consulate.
In both cases, it is advisable to verify in advance with this Consulate as to what types of power of attorney are available.
If the required power of attorney is not listed in the aforementioned types, we suggest that an electronic copy of the exact text of the document be obtained from the notary public or lawyer working on the case in Italy. An electronic copy is preferred so as to allow for any modifications or additions to be made by the Consular officer or notary public preparing the document.


What to do
Italian citizens requiring a power of attorney or other legal service should follow the procedure set out below:
1) Understand exactly the types of legal services offered by this Consulate General and which services are required in your particular case. 2) Book an appointment online. 3) Fill out the information form and send it to notarile.toronto@esteri.it.
If you already have received an outline of the document/s from your lawyer in Italy, please forward them by email to notarile.toronto@esteri.it .
If for any reason you are unable to attend a given appointment, it will be necessary for you to book another appointment online. 


Hours of operation and appointments
The legal office of this Consulate General is open from Monday to Friday by appointment only. Click here to book an appointment.
Please note that you must first identify which type of legal service you require and then fill out the appropriate form right after booking your appointment online.
Check the most common types of power of attorney offered by the Consulate and fill out the appropriate form.


How much does it cost?
Each type of legal service is subject to a Consular fee which varies on a quarterly basis according to the exchange rate (Euro/Canadian dollar). See the Consular fees.


Most common legal services offered
The Consulate General offers a number of services which in Italy are provided by a notary public. The most common legal services offered are:

  • powers of attorney (different types of power of attorney
  • proxies 
  • wills 
  • public deeds 
  • authentication of signatures and photographs 
  • legalization of official Canadian documents

Powers of attorney
power of attorney is a written authorization to represent or act on another's behalf in legal matters (e.g. selling, purchasing, administering, making or receiving a donation, establishing or dissolving a company, publishing banns, etc.).
A piece of valid photo ID (passport or identity card) and the Italian social insurance number (codice fiscale) are generally required to obtain a power of attorney. It is also necessary to provide the agent's complete personal information (first name, last name, birthplace and date of birth, full address, codice fiscale) and a description of the functions he/she is to carry out. In any case, the requirements vary between different types of power of attorney.
Powers of attorney can be divided into two categories:

  • General powers of attorney, through the grantor entrusts the agent indefinitely with the management of all his present and future business.
  • Special powers of attorney, through which the grantor entrusts the agent with the management of a specific legal matter, which ceases to have effect when that specific legal matter has been resolved. The legal matter must be clearly defined. With few exceptions (i.e. donations), special powers of attorney may be drawn up in the form of a private deed, through the authentication of the grantor's signature.

For further information about specific types of power of attorney and required documentation, please visit the Useful links section.


Proxies
Proxies are written authorizations for someone to act on another's behalf in a specific, usually limited, matter. Although the proxy enpowers the agent to carry out specific tasks, the grantor remains accountable. The most common tasks concern banking tansactions, post office transactions and documents and vital certificates requests.
The following are some of the most common proxies and required information:

  • Cashing-in small amounts of money - Agent's complete personal information (first name, last name, date of birth, place of birth, address and codice fiscale). Grantor's own codice fiscale. The amount of money to be cashed and the name of the paying office.
  • Requesting certificates, licenses or other documents - Agent's complete personal information (first name, last name, date of birth, place of birth, address, and codice fiscale); the exact name of the Office where the document is to be requested.
  • Cash-in a pension - Agent's complete personal information (first name, last name, date of birth, place of birth, address, and codice fiscale. Grantor's own codice fiscale. The pension number, the pension category and the paying office.
  • Connecting into the electricity network, water supply, gas, telephone, etc. - Agent's complete personal information (first name, last name, date of birth, place of birth, address and codice fiscale). The municipality, street and street number of the house where the connections are to be carried out.
  • Cashing-in pension accruals still pending as a result of the pensioner's death - The heirs may delegate another person in Italy by providing the said person's full personal information (first name, last name, date of birth, place of birth, address, and codice fiscale), as well as the deceased's personal information and date and place of death.

To prepare a proxy the grantor must fill out this form, specifying the details of the parties concerned and the activities to be carried out.


Wills
The notary section of this Consulate General is also responsible for drafting some of the documents concerning the last will and testament of Italians abroad.

  • A will in solemn form is a declaration made by the testator to a delegated officer in the presence of two witnesses and it is drafted in written form.
  • A secret will is formally received and filed with a notary public, but its content remains secret.
  • A holographic will need not be drafted by a notary public and it can be filed anywhere. Usually it is filed with a notary public in order to avoid its possible loss and to ensure its immediate publication after the testator's death.

For further information about registering a Canadian will in Italy, please visit the Useful links section.
Public deeds These are specific legal acts (i.e. acts of donation) which must be drafted in the form of public deeds by law.


Title deeds

There are specific legal instruments (e.g. acts of donation) which by law must be drafted in the form of title deeds.

Authentication services

The authentication activity is generally carried out by a Consular officer, but it can also be carried out by an officer delegated to the legal functions. Authentication includes two activities:

Signature authentication: it consists in the certification by the public officer that a document actually originates from the person who signed it.
In order to proceed to the authentication of the signature, you must report in person to the office of the notary public with an identity document, your own codice fiscale and the document that needs to be authenticated.
For what regards authentication or legalization of the signature of married women, you are required to produce evidence of the maiden name only if the applicant needs to authenticate or legalize her signature with her maiden name, too.

Photograph authentication: in order to authenticate a photograph you will need to report in person to the office of the notary public with an identity document and three identical photographs.

Translations into Italian

This Consulate does not provide translation services. All translations submitted to this Consulate must be done by a Consulate approved translator (link).

Translations into English

This Consulate General cannot assist you with the translation of a document from Italian to English. You should contact the authorites to which the document is to be submitted for a list of their own approved translators.

Legalization of official Canadian documents to be used in Italy

The legalization of a document (certificates, notarial deeds, private deeds, judicial judgements, etc.) is the implementation of a formal procedure which is necessary in order to make it legal in Italy. The legalization only certifies the legal quality of who signed the document, but not its validity nor its compliance with local laws and it does not constitute a declaration of validity nor of equivalence.

The Consulate of Italy will legalize the signature of public officials or professionals certified to practice activities of public nature (lawyers, notaries public) which authenticate Canadian documents to be sent to Italy, given that the signature has already been registered in this office. Click here to check the list of signatures registered in the Consulate.

Therefore, before submitting these documents to the Consulate General of Italy in Toronto it is necessary that you refer to the specific information available on the website of the Foreign Affairs and International Trade Canada.

The following are some examples of documents that can be legalized by the aforementioned office:
Vital certificates (birth, marriage, death) School or academic certificates and diplomas, provided that they are authenticated by a notary Certificate of non-impediment to marriage Translations of legal documents, RCMP criminal record checks, medical reports, provided that they are certified, signed or sealed by a Canadian lawyer, solicitor, notary or commissioner of oaths whose signature is already registered in this office All documents issued by a federal or provincial authority, provided that they are signed by an official of that particular government and include the signing officer's title.

Forms

Specimen records and powers of attorney
Forms for applying for the deed/power of attorney
Book an appointment

Useful links

For more information about:

Types of power of attorney and required documentation
Successions
Registering a Canadian will in Italy
Autenthication of Canadian documents (external link)
FAQs and information for foreign drivers in Italy
Postal bonds

 

 


30