10267 Proxy Forms and Italian Lawyer near Nottingham

Dear All
Last year we purchased an Italian propery in Piedmont (for cash). We are now going through the process of mortaging tthe property to release some capital for a re furbishment. The property was purchased by 2 married couples and the purchase deeds were signed by the husbands. Now that we are signing for the mortage the wives would have to be present. As both of us have very young children they are unable to travel for the signing of the mortgage deed. So the plan is to get our Notaio to draw up proxy forms and send them over to the UK to sign in the presence of a Lawyer.

So, the question.......I'm struggling to get a clear answer from our Notaio regarding whose presence the Proxies should be signed under. Can anyone clarify who I should approach or would be qualified to witness the signatures? The Embassy/Consulate, UK based Italian Lawyer, or Italian speaking UK Lawyer?

Finally, if its an Italian Lawyer does anyone know of one in the Nottingham/East Midlands Area?

Many thanks for any guidance in advance.

Ian

Category
Legal

Submitted by Anonymous (not verified) on Tue, 08/26/2008 - 06:00

Thanks very much tennaval, thats a real help.
I will check, but its clarified the situation a bit.
Step one is in progress, our Notaio is raising the Procura/POA, it was the other steps I was unsure of.

Are you saying that the Italian Notaio will insist that the document is translated into English? As far as I am aware the POA will be in Italian, so I would then need to either find an Italian speaking Public Notary or have it translated first.

Anyway, a great help thanks. I will contact a Public Notary near me and find out some further info.

Regards

Ian

Submitted by Anonymous (not verified) on Tue, 08/26/2008 - 06:47

ianj,
much easier and cheaper to go along to your local italian consulate and get the procura done this side,costs approx £45 and takes approx 2 days.you will need passports,codice fiscale and italian property details,very straightforward.

Submitted by Anonymous (not verified) on Tue, 08/26/2008 - 08:23

Thanks castelforte, good advice but my circumstances are a bit tricky as the wives will find it difficult to take time off (from work and babies!) to travel even to our local consulate in Manchester.
For the benefit of anyone else reading this, the advice from tennaval and castelforte is spot on, but I have found a local Public Notary in Nottingham who will witness the the POA(s) and then arrange for the Apostille to be turned around within 4 days for an approxiamate cost of £100.

Many thanks for all the excellent guidance.

Ian

Submitted by Anonymous (not verified) on Wed, 08/27/2008 - 04:55

The Honorary Vice Consul may not have the powers of signature that the main Consul has. We had this experience recently in Belfast - the Honorary Consul believed he could sign but the nearest main Consulate in Edinburgh said that it would not be valid. The proxy should be signed at the Italian Consulate otherwise may be signed by any Notary Public in the UK and sent to the Foreign and Commonwealth Office in London for an Apostille. The proxy must be in Italian for it to be recognised in Italy, it does not need to be translated into English for the Notary Public in the UK who is only witnessing a signature.

Submitted by Anonymous (not verified) on Wed, 08/27/2008 - 13:15

Our notary in England only charged £36 for 3 signed notarised documents, which we needed to send to our Lawyers to complete the first part of our purchase contract. It then had to go to the Foreign Office. All had to be translated into English. £100 seems expensive and we live in Berkshire, which is usually much more expensive than the North.

Submitted by Anonymous (not verified) on Thu, 08/28/2008 - 04:01

the whole idea of using your italian consulate is that all documents are in italian and have all the relative tax stamps applied.
in my experiance at the cardiff consulate, great service, very freindiy & helpful, which is why they are there.