Public and notary deeds

TRANSLATION OF PUBLIC DEEDS

The peak of a purchasing process in Italy is the signing of an official notarial deed. The banks often require for the translation of the documents in two languages (the Italian and yours) but, when it doesn’t happen, you could ask for it as well at your discretion. Hence, it is always possible to benefit from the help of an interpreter.
In this regard, SmartCrew staff is specialized in real estate and mortgage fields and can deal with both on-site assistance on the day of the stipulation and the translation of the documents.

Purchase Deed: 

  • It is written by the public Notary and contains the terms of the agreements between the parties (the purchasing party and the selling party).
  • Annexes to the purchase deed: these are all the documents issued by different official bodies, such as the municipality or the land registry. They provide the technical and structural details of the property.
  • If the purchase regards a building, the most common annexes are the E.P.C(Energy Performance Certificate of the Building), the land registry maps, the title search and the proof of origin. Suppose a plot of land is also included in the purchase. In that case, the most common annexes enclosed to the deed are also the land registry maps regarding the plot of land and the Town Planning Use Class Certificate (the Italian C. D. U)

Mortgage deed:

  • It is written by the public Notary based on the draft issued by the Bank.It contains the terms of the agreements between the parties (the borrower and the Bank).
  • Annexes to the mortgage deed: these are all the documents that list the mortgage terms and conditions. The borrower generally signs the originals of these papers previously, during the bank investigation. These annexes usually are the ESIS, the binding offer, the self- declaration form regarding the type of purchase (whether the borrower purchases a first home or a holiday home) and the list of the general contractual conditions.

SmartCrew staff translates these documents in full so that the public Notary can enclose them to the original Italian version of the acts: by doing so, when you receive a copy of the act after registration by the dedicated bureaus, you will be able to know precisely, even in the long term, the content of what you signed upon stipulation and was not read under the law.
The assistance on-site is also ensured: the deeds must be read in both languages, so you can ask the public Notary whatever you deem appropriate with the help of the interpreter.

SPECIAL POWER OF ATTORNEY

Suppose you are unable in any way to be physically present on the day of the stipulation or the Bank accepts this method. In that case, it is possible to draw up a special power of attorney.
Using a power of attorney drafted by the Notary in charge of the stipulation, it is possible to appoint someone you trust to act on your behalf upon the signing of the deeds.
This person, called “attorney-in-fact” will sign on behalf of the “agent” (the person who conferred the assignment). This procedure allows closing contracts in the absence of the purchasing party or borrowers on the day of the stipulation. As mentioned before, the Italian Notary drafts the special power of attorney. The interpreter translates and then send it back to you and the Notary as well. It may happen that these documents must be apostilled (or certified by Apostille) by the competent authorities in your Country. Thanks to contacts with embassies and bureaus all over the world, SmartCrew staff will make sure that every step is done the best, also interacting directly with the bodies above.
Once the Apostille has been obtained (only if it necessary upon request of the Italian Notary), SmartCrew staff will translate it too into Italian. This way, not only the special power of attorney, but all the documents will be put in both languages for the stipulation. We will make the papers clear and understandable for you and the Italian Notary, ensuring the fidelity and conformity of the contents to the originals.
In short, here are the steps to do in case of special power of attorney and translation thereof.

Without Apostille:

  • The Notary drafts a power of attorney in Italian;
  • Translation in to your language;
  • The translated documents are sent to you and the Italian Notary.

With Apostille:

  • The Notary drafts a power of attorney in Italian;
  • Translation in to your language;
  • To request the Apostille in your Country (assisted by SmartCrew);
  • To send the apostilled special power of attorney to SmartCrew;
  • To deliver the Apostille translated in to Italian to the Notary.

The special power of attorney is not allowed in every circumstance: it depends on the Bank granting the loan, the Notary and, obviously, also on your will considering you are always entitled to ask for a complete translation of the documents.

 

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Anything you need, we are at the ready to translate for you