The notary is a public official that the State delegates to give public faith and complete legal and economic certainty to the most important transactions (real estate transactions, companies and wills) and to collect taxes on the same in the name of the State itself.

The Notary is present in 86 countries worldwide including China, Japan, Indonesia, Russia, in 22 of the 28 member states of the European Union and covers 60% of the world's population.

Only 17% of notaries are sons of art. You become a notary through a rigorous public competition managed directly by the Ministry of Justice.

Not everyone knows that the notary has the task of collecting taxes related to contracts and paying them to the State shortly after the signing of the deed: every year, through the Notary's computer network, several billion euros of taxes are paid by notaries to the State in the name of citizens. And if the client does not pay? The notary must pay them anyway within a few days: he is responsible by law under civil, criminal and disciplinary aspects. Notaries are subject to continuous and stringent controls by the State: they transmit the deeds to the Notarial Archives every month; every four months the notarial deeds are also subjected to control by the Revenue Agency; every two years all their deeds are subjected to inspection by the Ministry of Justice.

In the United States and Great Britain there is no notary, but this does not make buying a house easier: in fact, each party to the sale must be assisted by a lawyer and the buyer must obtain insurance (title insurance) that guarantees full ownership and freedom from mortgages of the purchased property. In other words, in the absence of a notary, you are not guaranteed that the house is truly yours and free from mortgages: to protect yourself you must pay for insurance.

If necessary, Notary Felicetti can draw up the deed within four working days or even less time based on the client's needs.

You may have inherited shares of houses and non-interest-bearing lands, which require a lot of expenses and the payment of a lot of taxes: it is possible to renounce these shares even without the consent of the other owners. If the other co-owners are close relatives, taxation is facilitated.

In the event of separation or divorce, the transfer of assets between spouses or to children enjoys a very favorable tax regime, provided that the agreement is approved by the judge. It is also good to remember that divorce also has consequences in terms of inheritance: in the event of the death of the former spouse, one is entitled to a portion of the inheritance and to the survivor's pension only in the presence of certain conditions. Before entering into certain agreements, it is therefore advisable to evaluate the consequences of the various solutions with the help of a trusted lawyer and notary.

The notary must also know private international law: not only does he ensure that the client perfectly understands the document he signs with the help of interpreters required by law, but he can also help the European or non-European citizen to regulate the family's property regime, to draw up his own will and to set up a company in Italy.

Prevention is better than cure: the notary is the best professional to rely on to write an unassailable will and thus avoid that your heirs can argue for years in court and disperse the assets that are the fruit of a lifetime of sacrifices.

Italian law provides that a portion of the inheritance goes to the spouse and children and, in some cases, to the parents: to avoid that one day they may fight in court over the division, it is prudent to write a legally correct and clear will.

The notary is a public official who is above all parties: he can therefore listen to the reasons of each heir and try to mediate any disputes to reach a compromise, thus avoiding wasting time and money in court. As a professional, the notary will also be able to recommend the most economically advantageous solution for everyone.

The first thing to know is that, within a year of the death of the person who left us assets, we must submit the "inheritance declaration" to the Revenue Agency to pay the related taxes and not incur penalties, to be able to release the money in current accounts or sell the assets themselves. The notary is the best professional who knows the taxes on inheritance and can draw up this declaration quickly and completely electronically.

Together with the notary you can evaluate whether to renounce the inheritance or accept it "with benefit of inventory": the latter is a way to become heir without the debts of the deceased being able to touch the personal assets.

The notary can issue a Certificate of Succession thanks to which it is possible to assert one's inheritance rights in another State of the European Union.

The best solution to guarantee any deposits and down payments is to sign a preliminary contract registered and transcribed in the public registers. In this case, it is also possible to provide for the deposit of the money with the notary who, as a public official, will keep it until the final contract is signed.

It is often believed that the “first home” relief can only be requested for the house where you live or that owning shares in other houses can preclude this type of tax discount. The notary verifies the client’s entire real estate assets and will be able to say in a short time whether it is possible to take advantage of this relief for the new purchase.

It is no longer necessary to go to court and wait for a long time: the law now provides that with the agreement of the parties the notary can write a mediation act with which the right of ownership of the person who has acquired possession of the property in question is recognized.

Tax breaks are provided for direct farmers, agricultural entrepreneurs and agricultural companies: by collaborating with the client's union, the notary will be able to say with certainty the necessary taxes and verify the freedom of the land from other people's rights.

The law requires that, in the case of purchasing a house still under construction, the seller must issue a surety bond that guarantees the deposits and down payments made in the event of bankruptcy of the construction company. Due to the sensitivity and uncertainty of this purchase, the best form of protection is the signature of a preliminary contract registered and transcribed in the real estate registers: the notary prepares the clauses to protect the buyer and verifies that all the documentation is legally correct. It is the best form of protection so much so that by the end of 2018 the law will make it mandatory to protect all buyers.

There are two options: donate the house or pay the purchase price of the house. The notary will recommend the best and most economically advantageous solution for the specific case, illustrating the consequences for the possible future resale of the property.

At any time it is possible to renounce the usufruct, even without the intervention of the owner. If the latter is a relative, the taxation is facilitated.

The entrepreneur often needs to protect his personal assets from the risks of the business to guarantee the future of his family. It is therefore possible to bind certain assets to the needs of the family through an patrimonial fund or a destination constraint. It is advisable to plan the operation with the notary who will be able to advise on the clauses best suited to the client's needs in compliance with the law.

Not everyone knows that if the rental contract is drawn up by a notary, in the event of eviction the court proceedings are shorter and easier.

This is a new development introduced in 2017: the parties to a real estate sales contract can provide that the money is delivered to the seller not at the time of the deed but when certain conditions occur, such as the habitability of the house, the conclusion of some finishing works or the cancellation of mortgages. The notary, in his role as public official, keeps the money in a dedicated account and transfers it to the seller when the conditions established in the contract occur.

Since 2016, the law provides a series of rights to those who want to go and live together and start a family, but they may not be enough. To regulate the life of the new family, between people of the opposite sex or the same sex, it is possible to create a cohabitation contract in which the contribution of each person for the conduct of daily life is established. Finally, it is good to know that the 2016 law does not provide for anything in the event of the death of one of the two co-owners: it is therefore advisable to regulate this aspect through a will.

A mortgage is a delicate moment in the life of a person and their family. Even if few do it, before signing it would be advisable to evaluate with the notary the clauses contained in the draft contract to verify for example the cost of early repayment, the additional costs, when the bank can modify the contract without the customer's consent, any prohibitions and limitations on the use of the house.

The simplest solution is to make a donation with reservation of usufruct in favor of the parents. However, it is appropriate to consider that in the future you may have problems in the event of a request for a mortgage on that house (see next question). The notary will therefore be able to recommend the most convenient solution to avoid inconvenience and problems in the future.

Italian law provides that a portion of the inheritance always goes to the spouse, children and in some cases to the parents. The donation is considered an anticipation of the future inheritance. It could happen that a parent donates everything during his or her lifetime to a child and that therefore the other child can take legal action to assert his or her claims on the ownership of the donated house to the detriment of the bank that granted the loan. In such cases, it is advisable not to donate the house directly, but to seek advice from a notary and avoid future problems.

The subrogation is the contract with which you can replace the old mortgage with a new one with more favorable conditions (usually with a better rate): it has no charges, it is free for the customer and the consent of the old bank is not necessary. In fact, the law provides that the customer has the right to request the subrogation of the mortgage at any time. The notary can advise on the best and most favorable type of subrogation, explaining to the customer the meaning of each individual clause of the new mortgage.

Innovative start-ups must be joint-stock companies or cooperatives and possess the following requirements:

• established less than 5 years ago;
• registered in Italy or the European Union;
• annual turnover of less than 5 million euros;
• do not distribute and have not distributed profits;
• are not listed on the stock exchange;
• have as their exclusive corporate purpose the development, production and trade of innovative products or services with high technological value.