If you plan to do business, buy property, or set up a company in Italy, you will inevitably deal with a notary (notaio).
Do not be misled: a notary is not a lawyer, and vice versa.
While their role is essential and required by law, it is not a substitute for having your own legal counsel.
In this article, we explain three key facts about notaries in Italy, so you can avoid costly misunderstandings and protect your interests from the start.
1. Notaries Are Public Officials; They Do Not Represent You
In Italy, notaries are neutral public officials appointed by the State to oversee and validate certain types of transactions. Their duty is to the law and public interest, not to you or the counterparty.
They ensure that acts comply with legal requirements, but they generally do not:
- Offer advice tailored to your commercial needs;
- Negotiate terms on your behalf;
- Highlight contractual risks or imbalances.
A notary is not a transactional lawyer, and this distinction matters.
2. Lawyers Make the Deal Work for You
While the notary gives legal form to the transaction, it’s your lawyer who ensures it is in your best interest and assist you in your business strategy.
A skilled lawyer will:
- Coordinate with the notary on drafting and document preparation
- Ensure the deed reflects your intentions, safeguards, and legal strategy
- Identify risks the notary is not required to flag (e.g., title issues, unbalanced clauses)
- Protect you from delays, oversights, and miscommunication
In short: the notary formalizes the deal, your lawyer makes sure it works for you.
3. Notaries Add Cost, But Also Legal Certainty
In Italy, a notary’s involvement is mandatory by law for many transactions, including:
- Property transfers
- Company incorporations and amendments
- Certain shareholder agreements
- Wills, inheritance deeds, and marital property regimes
Their fees are regulated and may seem high, but they provide legal certainty and enforceability which is crucial in a civil law system.
That said, a notarial deed alone is not a guarantee of a fair or risk-free deal.
The best protection comes when a qualified lawyer works alongside the notary, ensuring your position is safeguarded.
Final Thoughts: Protecting Your Interests in Italy
Navigating Italy’s legal processes can be complex, especially for foreign clients unfamiliar with the role of notaries. Understanding the difference between a notary and a lawyer is key to protecting your investment and avoiding costly mistakes.
At SCAI Legal, we work alongside trusted notaries to ensure your transactions are both legally compliant and strategically sound. We are happy to provide an initial orientation, so you can approach your deal with clarity and confidence.
Contact us to discuss your project and take the first step towards a secure and successful transaction in Italy.
Stefania Caltabiano
