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Notary in Italy, his role by Italian law and essential to fullfil the deal

Notary in Italy, his role by Italian law and essential to fullfil the deal

The Notary in Italy is a public officer that as provided by the Italian Law  must be impartial and  protect  the Parties in equal measure and draft  a sale or a loan contract to ensure that it will be a secure and valid deed, unassailable over time.

The Notary is entrusted by the State and the deeds  he draws have the status of legal proof,  so everyone – including the courts – must accept as true what he has attested.

To fulfil his role the Notary must by law, be independent and impartial: he must protect the interests of all parties equally even if he is appointed by only one Party.

As a public officer he must ensure that:
notarial deeds are in accordance with the will of the parties;
notarial deeds are valid, meaningful and in compliance with the law;
the legal effects of deeds are not affected by any encumbrances or rights of third parties (such as mortgages, foreclosures, easements, pre-emption, etc.) that the notary did not warn the parties about.

The Notary in Italy performs a function of prior control of legality: he has the duty to abide by the law so he cannot and must not accept transactions prohibited by law. The Notary’s obligations are particularly strict and the failure to comply with them entails civil, disciplinary and criminal liability.
The notary collects, on behalf of the State, all the amounts concerning the  taxes associated with the transactions.

The cost of the Notary is charged to the purchaser, and the purchaser will choose the Notary.

The Notaries established in the District constitute the Notary College and for each college there is a Notarial Council.
Notaries based in the area of Lake Como constitute the District of Como and Lecco.
The district’s website is listing all the Notaries enrolled in the District with all their data.

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