Avv. Raimondo Zagami, Ph.D.
CIVIL LAW NOTARY IN ROME
La passeggiata (1917), Marc Chagall
Contacts and Business Hours
Avv. Raimondo Zagami, Ph.D.
CIVIL LAW NOTARY IN ROME
Viale Tiziano 19
I-00196 Rome (Italy)
+39 06 3231973
Online remote services and deeds
Civil Law Notary Raimondo Zagami uses, and makes available to clients, telematic tools that allow most of the steps of the professional notary service to be carried out remotely, including interview with the notary, signing of documents, payments, requesting/collecting preliminary documents, stipulation with parties in different places, as well as some acts and fulfillments totally online.
Notary interview
The firm will send special link so that the client can remotely relate with the notary using a professional video conferencing platform, without installation of additional software besides a common browser.
Digital signing of documents
The firm will send special link for digital signature of documents using online signature system. Possession of a signature certificate is not required; signing can be done using an electronic ID card or SPID, to activate the issuance of a qualified “one-shot” certificate.
Making payments
The firm will send appropriate link to make payment by payment card or bank transfer.
Reviewing paperwork
The firm will send special link for viewing the preliminary report of the case file, with the always up-to-date indication of the delivered and missing documents/information.
Remote Stipulations
This expression refers to the formation of a notarial deed with the parties signing in front of a notary virtually present by videoconference. Today, the law allows the signing of the notarial act remotely only for the formation of an SRL online. All other deeds must be signed by the parties with the notary's physical presence. The notary is, however, available to travel for the stipulation at the client's office/residence, as long as it is within the Lazio region.
Although it is not possible to stipulate at a distance - except in the case of the establishment of an SRL online - it is possible, however, the conclusion of notarial acts between persons in different places, making use of powers of attorney and notarized writings in computer form:
- The document is created in a computerized original and not digitized paper;
- The document is signed by the parties with graphometric signatures, placed by means of a graphic tablet;
- Signatures must be placed in the presence of the notary public;
- The original computerized document can be immediately transmitted electronically to the notary public, who stipulates the relevant deed or authenticates the other signatures.
With a videoconference connection, it is thus possible to conduct a stipulation with parties who are in different locations, each at their respective notary.
Other acts and fulfillments that can be carried out remotely
- Minutes of bodies of companies and entities
- European Certificate of Succession
- Declarations of inheritance
- Deposit (escrow) of sums, software deposit and other trust services
These are acts and fulfillments that can be carried out remotely, in a totally online mode, without the parties being physically present before the notary.
Areas of Activity
Corporate
Incorporation of any type of company and changes to incorporated companies
Transactions relating to a company's capital
Registration of company's officers
Transfer of shares and capital, pledges
Transfer and lease of businesses branches
Acts of domestic merger and division
Acts of cross-border merger and cross-border division
Acts of cross-border conversion
Declaratory deeds of family businesses
Transfer of trademarks and patents
On-line companies
Property and estates
Conveyancing of buildings and lands and related preliminary contracts
Deeds creating servitudes
Mortgage and Land Register inquiries
Any other deed relating to transfer and settlement of rights of immovable property
Reports on compliance with planning laws (also through linked professionals)
Fiduciary deposit of money as warrantee for final payment (escrow)
Succession
Public wills and handwritten wills
Fiduciary deposit of wills
Publication of wills
Division of inheritances
Renunciations and acceptances of inheritance
Drafting and submission of declarations of succession
Deeds of "Atto di notorietà"
European Certificates of Successions
Family law and family estates
Separation of property between spouses
Establishment of patrimonial funds
Executive deeds of separation or divorce agreements
Family pacts
Passing of business fro one generation to the next
Trusts, placement of property acts, Escrow agreements
Trust deeds, appointments and changes of trustees
Endowment in trusts
Placement of property acts
Fiduciary deposit of money and documents
Deeds in favour of disabled
Third Sector (Non-Profit)
Incorporation acts and changes to association and institutions (foundations)
NGOs and non-profit organisations, Sport associations
Political parties
Loans, funding and financing
Loan and funding deeds in general
Granting and extinguishing of mortgages
Notarial reports of on legal ownership of a property
Transfer of credit on guarantee
Replacement of loans
Contracts (tenders)
Tender agreements (also in digital form)
Temporary joint ventures of business for competitive tenders (also in digital form)
Unions for tender bids
Guarantees for tender bids (also in digital form)
Subjects of unsound mind and voluntary jurisdiction
Deeds in the presence of minors and persons without legal capacity (disabled, unsound mind etc.)
Deeds in the presence of a legal guardian
Appeals of voluntary jurisdiction (nomination of guardian, tutor etc.)
Certified copies and administration documents
Certified copies of documents and certificates
Authentication of company books and registers
Declarations of "atto notorio"
Authentication of motions and petitions to public administration
Digital documents
Notarial digital documents with digital signature or graphometric signature
Filing and keeping of digital documents
Time stamp of digital documents
Escrows of software
Certified copies of web pages
Authentication of digital company books and registers
Minutes of expert’s opinion in IT
International
Civil Law Notary Raimondo Zagami has gained wide experience in dealing with cases with international profiles in the areas of corporations, contracts, and successions by reason of death. The notary relates directly in English with foreign parties and does not ask for translations of both preparatory and official documents in English. The notary may prepare official documents directed abroad directly in English. For languages other than English, he is supported by translation agency.
- drafting of deeds and contracts concerning foreign companies or companies intending to operate abroad (e.g., transfer of real estate to foreign companies, transfer of registered office of companies abroad or from abroad to Italy, sale of shareholdings involving foreign companies, registration of secondary office of foreign companies, cross-border mergers, cross-border divisions, cross-border conversions, etc.).
Drafting and submitting declarations of succession for individuals residing abroad who leave property in Italy or for foreign citizens residing in Italy
Drafting European Certificates of Successione
Drafting and/or authenticating power of attorney and other declarations to be used abroad
Sworn translations of documents
Affidavits
Apostille and notarization
Certifications regarding the powers of directors of Italian companies, good standing certifications and legal opinions
Legal advice and legal opinions regarding any matter with an International element, relating to property, commercial law, successions as well as tax relief
Deposit of foreign deeds, contracts and documents in general, execution of relative formalities in Italy (e.g. Register of Companies, Land Registry etc.)
On-line Company
From 15 December 2021 it is possible in Italy to set up a limited liability company online.
The modality can be exclusively telematic with the participation of all the remote parties, or "mixed", with the participation of some parties physically in front of the notary and others at a distance.
For the first time, the civil notary is allowed to stipulate without the physical presence of the parties in front of him and without the parties issuing a power of attorney.
The constitution of the on-line company is valid exclusively for the social type s.r.l. (limited liability company) and subtypes, such as eg. innovative start-up.
The share capital must be paid in advance in cash by bank transfer to the notary's “dedicated” bank account.
The establishment procedure takes place using the IT platform prepared and managed by the National Council of Notaries, which integrates videoconferencing, the display of the deed and the affixing of electronic signatures in a single environment.
The remote intervening party must have a digital signature certificate.
At least one of the parties must have their residence or registered office in the region (Lazio) where the civil notary notary is based; the notary is always competent when all the parties have their residence or headquarters abroad.
Civil Law Notary Raimondo Zagami set up the first online limited liability company in Italy, and one of the first in Europe, on December 15, 2021.
European Certificate of Succession
The European Certificate of Succession (ECS), established and regulated by the EU regulation n. 650/2012, is a document issued by the authority in charge of inheritance proceedings (in Italy the civil law notary) for the use by heirs, legatees, executors of wills or administrators of the estate who need to invoke their status or to exercise the rights and powers established by law in other Member States.
Once issued, the certificate is recognized in all Member States without a special recognition procedure (no apostille or legalization required).
The certificate can be issued in relation to the successions opened from 17 August 2015. An Italian civil law notary is competent to issue the certificate if the deceased had his "habitual residence" or a “close connection” with Italy.
The civil law notary Raimondo Zagami has issued several European certificates of succession since the entry into force of the relevant regulation and deals with international successions in general.
Escrow
The civil law notary Raimondo Zagami may receive on deposit (escrow) sums, values and items, for instance software and intellectual works, for guarantee purposes, to provide for the payment of "unpaid expenses or other charges due", to prove their paternity.
As an example, deposits with a guarantee function are the following:
- guarantee of the regular registration of a real estate sale or a preliminary sale agreement;
- guarantee of the payment of taxes already due or that could be liquidated (for example, in a real estate sale the taxes due following revocation of the "first home" tax benefit; in a sale of company the taxes due by the selling party and for which the purchaser is responsible, etc.);
- guarantee of the delivery of a property to the purchaser within a term after the sale;
- guarantee of the issuance of certificates, documents, certifications at a time subsequent to the stipulation (for example the certification of habitation, the certifications of the facilities, etc.);
- guarantee of the cancellation of previous detrimental registration in the property registers (for example the cancellation of a judicial request, of a seizure, the cancellation of a mortgage related to a loan already extinguished, etc.);
- guarantee of the fulfillment of the obligations deriving from a lease of a building (replacing the more "traditional" bank guarantee);
- security deposit of the share capital for the constitution of a limited liability company;
- deposit of the source code of a software to guarantee the continuity of its use;
- deposit of intellectual property to prove their authorship.
As an example, deposits with the function of providing payments are the following:
- extinction of previous loans and related cancellation of mortgages;
- payments of real estate brokerage commissions related to the sale;
- payment of the price to the selling party in the case of chain sales;
- payment of other "unpaid expenses or other charges due" on the occasion of a sale (for example condominium charges, inheritance taxes, etc.);
- any other case in which the need arises to set aside a sum to be allocated to a payment to be executed "only after the fulfillment of a specific event or the fulfillment of a specific service".
The civil law notary Raimondo Zagami has received and currently manages numerous positions of deposit of sums and values, softwares and intellectual work, for multiple purposes.
Each assignment is governed by a specific deposit agreement signed between the parties (the customers and the civil law notary), which governs in detail the methods of custody of the sums received and the conditions of their release.
The sums are deposited in a special “dedicated” bank account opened at a major Italian bank, separate from the other accounts used by the civil notary for tax payments and for the management of the office.
Software and intellectual property can be deposited via physical media (paper or computer) or in a special “on-line vault”.
The notary keeps an up-to-date account statement of all the transactions relating to each deposit assignment, which he exhibits at the request of the clients.
In accordance with the law, “the sums deposited constitute separate assets. Said sums are excluded from the succession of the notary [...] and from his patrimonial regime of the family, they are undistrainable at the request of anyone and the credit for the payment or restitution of the same is also undistrainable "(Law 4/8/2017 n. 124, which amended article 1 paragraph 63 of law 147/2013).
The sums deposited are registered in the notarial public register of the sums and the values (art. 6 law 64/1934), which is submitted every three months to the control of the notarial archive and of the President of the notary council.
Noticed with the Notarial Council of Rome on 21st May 2007 - Tax Office of Rome 4, via M. Boglione 7 - 00155 Rome
© Raimondo Zagami 2007-2024 - VAT IT-01611260801