The Notarial Deed (or Deed of Notoriety) is a public document used to attest to statuses, personal qualities, or facts that are notoriously known (or of direct knowledge) by the applicant and witnesses, while the Substitute Declaration of Notoriety was introduced to replace the traditional notarial deed. The objective of the law (D.P.R. 445/2000) that introduced the use of the Substitute Declaration was to simplify the relationship between the citizen and the Public Administration.

Both instruments are aimed at proving or attesting to:

• Statuses (e.g., family status, widowhood)
• Personal qualities (e.g., legitimate heir)
• Facts (e.g., the loss of a document, the existence of a will) that are of direct knowledge of the interested party, and which cannot be self-certified through the Substitute Declaration of Certification (DSC – Art. 46 D.P.R. 445/2000)

Both acts entail criminal liability for anyone who issues false declarations, making the content of the declaration subject to sanctions provided for by the Penal Code in case of falsehood.

However, there are differences between the Notarial Deed and the Substitute Declaration of Notoriety, especially regarding their different efficacy and methods of use.

1. The Notarial Deed (or Deed of Notoriety)

The Notarial deed is a public document whose purpose is to attest to facts, statuses, or personal qualities that are notoriously known.

• Nature: It is a public act (with high formality)
• Procedure: It is received by a competent Public Official (such as a Notary, a Court Clerk/Justice of the Peace, or the Mayor/Official in some cases).
• Requirements: It almost always requires the presence of two witnesses (of legal age, capable, with no interest in the act, nor relatives or affiliates of the declarant)
• Value: It has legal proof regarding:
  1. The provenance of the declaration from the subject who made it.
  2. What was done or declared in the presence of the Public Official (for example, that the declarations were made under oath if required, and in the presence of witnesses)

The Notarial Deed does not constitute legal proof regarding the truthfulness of the content of the declaration made, but the declarant (and witnesses) assume criminal liability in case of false declarations.

Scope of use: It is required in relationships between private parties (for example, banks, insurance companies, foreign subjects) or in procedures that require a very solemn form (such as in inheritance matters to attest to the quality of heir).

2. The Statutory Declaration in lieu of a Notary Act (or Deed of Notoriety).

The Statutory Declaration in lieu of a Notary Act (or Deed of Notoriety) is an administrative simplification tool introduced to facilitate relations between citizens and the Public Administration.

The main characteristics are the following:

• Nature: It is a self-declaration on plain paper made by the citizen under their own responsibility (regulated by art. 47 of Presidential Decree n. 445/2000).
• Subject: It can attest to all states, personal qualities, or facts of which the declarant has direct knowledge, provided they are not those already covered by self-certification (which attests to facts that can be gathered from public records).
• Procedure: It is signed by the declarant. If submitted to the Public Administration or a public service provider, it does not require signature authentication if:
  1. it is signed in the presence of an employee of the receiving office, or
  2. it is sent along with a photocopy of the signatory’s identity document.
• Value: It effectively replaces the notary act in all relations where its use is permitted.
• Scope of use: It must be mandatorily accepted by the Public Administration and public service providers. Private entities (banks, insurance companies, businesses) have the option to accept it, but not the obligation (and often, in that case, they require signature authentication).

3. The main differences in summary

3.1. The Deed of notoriety (Atto Notorio) is the most formal instrument with the highest evidential value (regarding form), preferred in private contexts or where maximum solemnity is required:

• Nature: Public act (very formal).
• Public Official: Mandatory (Notary, Court Registrar, Mayor).
• Witnesses: Generally required (at least two).
• Costs: Involves costs (stamp duties, chancery fees, or Notary fees).
• Scope of validity: Universally valid (towards private individuals, banks, abroad, and the PA).
• Regulatory Source: R.D. n. 1366/1922, L. n. 89/1913.

3.2. The Statutory Declaration in lieu of a Notary Act (Dichiarazione sostitutiva dell’atto di notorietà) is a quicker and cheaper instrument, preferred for all relations with public bodies due to the principle of administrative simplification:

• Nature: Citizen’s self-declaration (simplification)
• Public Official: Not necessary (it is the citizen who declares)
• Witnesses: Not required
• Costs: Generally, exempt from stamp duty or with very low costs
• Scope of validity: Mandatory for the PA (Public Administration) and public service providers; optional for private individuals
• Regulatory Source: art. 47 of D.P.R. n. 445/2000

4. In which specific circumstances is the Deed of Notoriety necessary?

Despite the widespread use and convenience of the Statutory Declaration in lieu of a Notary Act (D.P.R. 445/2000), there are still specific situations in which the use of the Deed of Notoriety is mandatory or highly recommended.

Here are the main cases where the Deed of Notoriety is still required:

4.1. Relations with private entities that do not accept the Statutory Declaration.

Private entities (such as banks, insurance companies, private firms) are not obliged to accept the Statutory Declaration in lieu of a Notary Act.

• Common examples: often, for the settlement of life insurance policies, the collection of deposited sums of money, or the transfer of complex utilities, banks and insurance companies expressly require the Deed of Notoriety drafted by a Notary or the Court Registrar’s Office to ensure maximum solemnity and the presence of witnesses.

4.2. Succession matters and inheritance

Traditionally, the Deed of Notoriety was the main instrument for attesting to the status of heir (the so-called “proof of heir status”).

However, today the status of heir can be self-certified (Statutory Declaration) to the Italian Revenue Agency (Agenzia delle Entrate) for the purposes of the Inheritance Declaration.

Nevertheless, the Deed of notoriety is still required by notaries, banks, and, above all, by the Registrars of Real Estate Registers (in some specific contexts) who may insist on the Deed of notoriety for the acceptance of the inheritance or for the transcription of the continuity of real estate assets, considering it more robust and guaranteed by the public faith of the Notary or the Registrar.

4.3. Use and validity abroad

When an Italian document must be produced and used in a foreign country, the Deed of notoriety is often the only accepted option because, as a public act, it can be subjected to legalization (or Apostille for countries adhering to the Hague Convention) to attest to the authenticity of the signature of the Public Official (Notary or Registrar).

A simple Statutory Declaration, on the other hand, not being a public act, would hardly have the same validity and recognition abroad.

4.4. Acts of special relevance or solemn form

In all procedures that require a particularly solemn form to protect the interests at stake, the Deed of Notoriety is preferred.

In summary, the Statutory Declaration is the rule for the Public Administration, while the Deed of Notoriety is the mandatory or preferred choice when dealing with private entities not assimilated to public services or when the document must have international validity.

5. Procedure for obtaining a Deed of Notoriety (from a Notary or in Court)?

The procedure for obtaining a Deed of Notoriety will vary slightly depending on whether one approaches a Notary or a Registrar at the Court or Justice of the Peace.

Below, are the general steps and the main differences between the two methods.

5.1. At the Court or Justice of the Peace (Registrar’s Office). 

This option is often cheaper but may require longer waiting times and specific opening hours for the public. Procedure:

1. Identification of the office: one approaches the Voluntary Jurisdiction Registrar’s Office of the Court or the Justice of the Peace Office competent for the territory (often that of the applicant’s residence or where the deed will be used).
2. Preparation of the draft deed: it is necessary to submit a draft deed (or template) containing the facts intended to be attested. Many offices provide facsimiles.
3. Mandatory presence: the following must be present:
   • The declarant (the person who attests to the facts);
   • two witnesses (of legal age, capable of acting, who have no interest in the deed and are not relatives or affine of the declarant);
   • Everyone must exhibit a valid identity document and the tax code.
4. Payment of costs: the Chancery fees and stamp duties must be paid.
5. Drafting and oath: the Registrar (or the authorized Official) drafts the deed. The declarant and the witnesses swear to the truthfulness of the stated facts (assuming criminal responsibility for false declarations).
6. Collection: the deed is collected after a few days, once registration and stamping are completed.

5.2. At the Notary. This option is generally quicker and more flexible in terms of hours but has a higher cost due to the Notary’s fees.

Procedure:

1. Contact: one approaches any Notary across the national territory.
2. Documents: the necessary documentation for drafting the deed is provided to the Notary (e.g., death certificates or family status certificates in the case of a deed of notoriety for succession).
3. Mandatory presence: the following must be present on the fixed day: the declarant; two witnesses (with the same requirements mentioned above); everyone must exhibit a valid identity document and the tax code.
4. Reading and signature: the Notary reads the deed and collects the signature of all parties and witnesses.
5. Costs: the cost includes the Notary’s fee, VAT, taxes, and stamp duties.
6. Release: the authentic copy of the Deed of Notoriety is normally released quickly (sometimes even immediately or within a few hours).

6. Useful tips

• Identification of witnesses: ensure that the witnesses have no direct economic interest in the deed and are not relatives or affine of the declarant (spouses, children, in-laws, etc.).
• Content of the deed: be extremely precise in defining the facts that must be attested, as the declarant (and the witnesses) assumes full criminal liability.

If you are unsure about the most effective solution for your needs, please write us an email at: info@fiatlux.legal. Our team of experts is ready to analyse your specific case and provide the best tailor-made solution for you.