Tel. +39 06 3231973 | studioraimondozagami@notariato.it

ZAGAMI

STUDIO NOTARILE

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

studioraimondozagami@notariato.it

www.zagami.it

Online remote services and deeds

The civil law notary Raimondo Zagami uses, and makes available to customers, telematic tools that allow you to remotely carry out most of the phases of the professional notarial service, including meeting with the notary, signing of documents, payments, request / collection of investigative documents, stipulates with parties in different places, as well as some deeds and fulfilments totally online.


Meeting with the notary

The studio will send a link so that the client can relate remotely with the notary using a professional videoconferencing platform, without the installation of other software in addition to a common browser.


Digital signature of documents

The studio will send a link for the digital signature of documents through an online signature system. The possession of a signature certificate is not required; the signature can be affixed using the SPID, which will trigger the issue of a "one-shot" qualified certificate. The signed document will be automatically made available to the notary, without the need for a transmission by the client.


Making payments

The studio will send a link to make the payment by payment card or bank transfer.


Preliminary investigation check on cases

The studio will send a link for viewing the preliminary investigation report of the case, with an always updated indication of the documents / information delivered and of the missing ones.


Remote deeds

With this expression we mean the formation of a notarial deed with the parties signing in front of a civil law notary virtually present in videoconference. Today the law allows the signing of the notary deed remotely only for the establishment of a limited liability company online. All other deeds must be signed by the parties with the physical presence of the civil law notary. The civil law notary is, however, available to go to the customer's headquarters / residence for the stipulation, as long as it is within the Lazio region. The remote exchange of non-digitizable paper documents can be done by courier appointed by the studio.


Although remote stipulation is not possible - except in the case of the establishment of a limited liability company - it is possible, however, to conclude notarial deeds between people in different places, using powers of attorney and documents authenticated in digital form:

- The document originates in digital original and not digitalized paper;

- The document is signed by the parties with a graphometric signature, affixed by means of a graphic tablet;

- The signatures must be affixed in the presence of the notary;

- The original digital document can be immediately transmitted electronically to the notary who stipulates the relative deed or authenticates the other signatures.

With a videoconference connection it is thus possible to carry out a stipulation with parties located in different places, each at the place of the respective civil law notary.


Other acts and filings that can be carried out remotely

- Minutes of corporate bodies and entities

- European Certificate of Succession

- Declarations of succession

- Escrow of sums, software deposit and other fiduciary services

These are deeds and filings that can be carried out remotely, totally online, without the parties physically present in front of the civil law 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

Mergers and acquisitions, national and transnational

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

Drafting of deeds and contracts regarding foreign companies or companies which intend to carry out business abroad (e.g. conferring property into foreign companies, transfer of companies' legal office abroad or in Italy, transfer of shares with the participation of foreign companies 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. Failing this, the notary is authorized to issue the certificate, again by remote procedure.


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 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.

 Informative note on the processing of personal data

Noticed with the Notarial Council of Rome on 21st May 2007 - Tax Office of Rome 4, via M. Boglione 7 - 00155 Rome

© Raimondo Zagami 2007-2022 - VAT IT-01611260801