A procura speciale is a notarized Italian document authorizing someone to act on your behalf for one specific legal act. It's how Americans complete Italian property closings, company formations, and inheritance proceedings without traveling to Italy.
What It Is
A procura speciale is a limited power of attorney under Italian law — it grants authority for one defined legal action, then expires automatically upon completion. It differs fundamentally from a general power of attorney and from the U.S. concept of a durable power of attorney.
Common Uses
Real Estate Transactions
Sign purchase or sale deeds (rogito) before an Italian notary when you can't be physically present
Company Formation
Sign the Atto Costitutivo for an SRL or other Italian entity on behalf of a U.S.-based shareholder
Inheritance Proceedings
Accept or renounce an Italian inheritance, sign succession declarations
Court / Tax Matters
Authorize representation in Italian administrative proceedings or notarial acts
Procura Speciale vs. Procura Generale vs. Delega
| Document | Scope | Notary Required | Best For |
|---|---|---|---|
| Procura Speciale | Single defined act | Yes | Real estate, company formation, inheritance |
| Procura Generale | Multiple / ongoing acts | Yes | Business management, asset management abroad |
| Delega | Minor administrative tasks | No | Mail pickup, document submission (no legal standing at notary) |
Italian Procure vs. U.S. Powers of Attorney
Key differences Americans should understand:
- Incapacity: Italian procure automatically expire if the principal becomes incapacitated — unlike durable U.S. POAs which survive incapacity
- Medical authority: Healthcare decisions are handled separately in Italy via advance directives (DAT)
- Formality: Italian procure require notarization and an apostille for use on U.S. documents
- Cross-border validity: U.S. powers of attorney need legalization (apostille) and certified Italian translation to be accepted in Italy
How to Execute One from the U.S.
If you're in the U.S. and need a procura speciale for an Italian transaction:
- Sign before a U.S. notary public
- Obtain a state apostille (authenticates the notary's signature for foreign use)
- Have the document certified-translated into Italian
- Send to Italy for use by your authorized representative
When You Need One with JSBC
For company formations, real estate purchases, and certain tax proceedings, JSBC may request a procura speciale to act on your behalf before Italian authorities. This is standard practice for Americans completing Italian transactions remotely. We provide the exact text needed and guide you through the U.S. notarization and apostille process.
See also: Getting Your Codice Fiscale — often needed before a procura speciale can be executed.
Need to Act Remotely in Italy?
We handle Italian transactions for Americans who can't be physically present. From preparing the procura text to coordinating with Italian notaries, our bilingual team manages the process end to end.
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