Everyone knows who the notary is as a professional, but very few people know what the notary actually does and what his function is. Everyone knows that they need to contact a notary for certain deeds, like conveyances, the establishment of a company and the publication of a will, but, even on these occasions, what one sees is only a minimal part of the notary’s work.
When finalising a deed, the notary reads the contract or document he prepared to all parties, he examines it with them in a way that is accessible and clear, he verifies that it conforms to their will and he asks the clients to sign it. But those who only look at these aspects of the notary’s work do not see all the work that is carried out behind the scenes by the notary and by his collaborators.
The notary’s activity exceeds the drawing up of deeds, and it is preceded by complex preparatory activities. Even with the simplest of deeds, the notary does not limit himself to the authentication of the signatures, but he checks that the content of the deed conforms with the law and with the will of those who sign it. The consulting activity of the notary is also very important, as he is an expert in his subject. Particularly in regard to tax matters, the notary can give advice on the most convenient solution and on tax relieves that clients might be entitled to.
The notary must also carry out all necessary legal verifications relating to the deed. In the case of conveyances, for example, he must verify the real estate ownership and the absence of mortgages or other encumbrances, the accuracy and correspondence of the cadastral details, the conformity to the urbanistic, energetic and security regulations, and so on.
The notary’s activity continues even after the deed has been signed by the parties, as he looks after all subsequent procedures, including tax-related ones. He looks after the registration of the deed and payment of the related tax, which the notary receives from the parties on behalf of the tax authorities. In fact, the sum paid to the notary, besides his personal fee, includes also various taxes, legal rights and other expenses that the process of drawing up the deed involves.
For conveyances, the notary looks after the registration in the land register and the cadastral transfer; for corporate deeds, he looks after the registration in the commercial registry at the Chamber of Commerce; for any other deed, he looks after filing it at the tribunal and at other legal, administrative and tax offices. On top of it, he oversees every other communication and notification required by the law (anti-laundering, family right, general register of wills, police headquarters, and so on).
Every type of deed requires a series of procedures that, if not implemented, can sometimes invalidate the deed itself. We invite clients, therefore, to ask the notary to clarify any doubt they might have about the deed they need.
Jeder notarielle Akt bedarf einer Reihe von Ausführungen, auch in Bezug auf die Nichtigkeit eines Aktes. Zögern Sie also bitte nicht, den Notar um Klärung ihrer Fragen und Zweifel, im Zusammenhang mit einem notariellen Akt zu bitten.