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consolato_toronto

Legal Office

 

Legal Office

 

 

 

General information
Beginning on May 28, 2011, the day in which law n. 71 of the 2/3/2011 from the Ministry of Foreign Affairs took effect, this Consulate General is authorized to exercise the functions of legal services exclusively and solely for persons who are in possession of Italian citizenship. The verification of Italian citizenship will be subject to approval based on the presentation of one's currently valid Italian passport. The officials of this consular office will exercise the notary functions exclusively for Italian citizens, in accordance with the new system approved by the Ministry of Foreign Affairs, legislation n. 71 of the 2/3/2011.
Those that do not possess Italian citizenship must go to a notary public whose signature is officially recognized by this Consulate General prior to presenting themselves.
Alternatively, one may refer oneself to any other notary public whose signature can be authenticated by Foreign Affairs and International Trade Canada in Ottawa.
In either case, it is advisable to ascertain exactly which types of power of attorney are available to prearrange in this consular office.
If the required power of attorney is not listed in the aforementioned types, it is advisable to obtain an electronic copy of the exact text of the document 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 integrations with information from the consular officer or notary public, in front of whom the documents will be signed.


What to do
Italian citizens that require a power of attorney or other legal services must follow the following procedures:
1) Understand exactly which types of legal services are offered by this Consulate General and which services are required for your particular case. 2) Book an appointment online. 3) Fill out the information form and send it to notarile.toronto@esteri.it.
If you have already received an outline of the documents from your lawyer, please forward them via email to notarile.toronto@esteri.it in electronic format.
If for any reason you cannot attend the given appointment, you will need to book another appointment online. 


Hours of operation and appointments
The office of the notary public of this Consulate General is open by appointment only from Monday to Friday. Click here to book an appointment.
Please note that you must first identify which type of legal service you require and you will need to fill out the appropriate information 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 is updated every three months according to the exchange rate between the Euro currency and the Canadian dollar. See the consular fee table.


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 
  • autenthication 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 towards a certain goal (e.g. selling, purchasing, administering, making or receiving a donation, establishing or dissolving a company, publishing the banns, etc.).
An identity document (passport or ID card) is generally required, as well the Italian social insurance number (codice fiscale); it is also necessary to produce the prosecuting attorney's full personal data (first name, last name, birthplace and date of birth, full address, codice fiscale) and a descriptions of the functions to be performed. In any case, the specific requirements vary between different types of power of attorney.
Powers of attorney can be divided in two categories:

  • General powers of attorney: with these deeds the grantor entrusts the attorney with the management of all his present and future business. General powers of attorney are granted indefinitely.
  • Special powers of attorney: with these deeds the grantor entrusts the attorney with the management of a part of his business. A special power of attorney ceases to have effect when the specific assignment for which it was granted concludes; that assignment must be specified. Apart from few exceptions (e.g. in matter of donations), special powers of attorney can be released in the form of private deeds, through the authentication of the signature.

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


Proxies/Delegations
Proxies or delegations are used to give authority to another person to carry out specific, usually limited, activities. Although the delegation empowers the person appointed to make decisions or carry out certain tasks the person who delegates remains accountable. Typically, the most common activities delegated regard banking operations, post office operations and picking up of documents and certificates.
These are some of the most common proxies, together with the information they require:

  • In order to cash in small amounts of money, you need to indicate the delegate's full personal data, his residence and codice fiscale (in addition to the delegating person's own codice fiscale). You also need to specify the amount of money to be cashed in and the paying office.
  • In order to pick up certificates, licenses or other documents, you need to indicate the delegate's full personal data, his residence and the exact denomination of the Institution or office where the document will be picked up.
  • In order to cash in a pension, you need to indicate the delegate's full personal data, his residence and codice fiscale (in addition to the delegating person's own codice fiscale). You also need to specify the pension number, the pension category and the paying office.
  • For connections to the electricity network, water supply, gas, telephone, etc., you need to indicate the delegate's full personal data, his residence and the municipality, street and street number of the house where the connections will be carried out.
  • In order to cash in pension accruals not cashed in because of the holder's decease, the heirs can delegate another person in Italy by supplying the delegate's full personal data, residence and codice fiscale, in addition to the defunct's personal data, date and place of death.

In order to prepare a proxy/delegation a form must be filled out, specifying details of the parties involved and the activities to be carried out on behalf of the person who delegates.


Wills
The drafting of some documents concerning the last will and testament of people who are in a foreign country forms part of the activities of the office of the notary public of a Consulate General.

  • A will in solemn form is the declaration made by the testator to an officer delegated to the legal functions in the presence of two witnesses and it is drafted in written form.
  • A secret will is only formally received and filed by the office of the notary public, but its content remains secret.
  • A holographic will does not require to be drafted by an officer of the notary public and it can be filed anywhere. Usually it is filed at the office of the notary public in order to avoid the possibility of its 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 (e.g. acts of donation) which must be drafted in the form of public deeds by law.


Public deeds

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

Authentication activity

The authentication activity is normally carried out by a public officer of the Consulate, 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

We do not provide translations into Italian of Canadian vital certificates (birth, death, marriage, naturalization) unless they are related to Italian citizens and their registration in Italy is required.

This office can certify the accuracy of translations of documents from English into Italian carried out preferably by accredited bodies like ATIO (Association of Translators and Interpreters of Ontario). To such purpose both the original document in English and the Italian translation must be presented to the Consulate General. For further information about ATIO, please visit the website www.atio.on.ca, call the 1-800-234-5030 or e-mail info@atio.on.ca.

Translations into English

This Consulate General cannot assist you with a translation of an Italian document into English. If a translation of an Italian document into English is required we recommend you refer to accredited bodies like ATIO (www.atio.on.ca) and also verify with the receiving office (where the translated document must be filed) a list of accredited 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

 

 


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