The expression " remote notarial deed " summarily qualifies the various solutions that can be adopted in the event that the parties to a deed cannot or do not want to be simultaneously in the notary's office.
The remote notarial deed may be necessary when the parties are in different parts of Italy, to avoid travel expenses, as well as to save time or in periods of so-called "lockdown", that is when for health emergencies (eg. Coronavirus) movements must be limited.
​
To this end, the use of technology offers possibilities that were unthinkable until a few years ago.
​
The legal solutions that can be pursued are:
a) the power of attorney ;
b) private writing with separate subscriptions ;
c) video conferencing .
​
​
THE PROSECUTOR
The power of attorney allows to confer the powers for the stipulation of the deed to another person, with less difficulty in moving or who is already in the place of the notary who will receive the definitive deed.
The power of attorney can be stipulated and it will be sent by letter to the notary who will receive the definitive deed.
It is also possible to stipulate a digital power of attorney, which will be sent by e-mail to the notary who will receive the final deed.
In the latter case, the technology saves shipping costs and ensures almost immediate receipt by the recipient.
NB: the power of attorney is a tool that allows you to stipulate the deed remotely, but the power of attorney itself cannot be stipulated remotely or digitally. It is therefore necessary to go to your trusted notary or ask for your notary to come to your home
​
PRIVATE WRITING WITH SEPARATE SUBSCRIPTIONS
Authenticated private deed is a form in which almost all notarial deeds can be drawn up and allows the parties to sign at two different times.
Therefore, in the event of a sale, the buyer and the seller could sign at different times and days, possibly using the notary's " deposit account " to pay the price.
Furthermore, the deed signed by only one party could be sent by registered letter to another notary, who will receive the second signature of the other party.
A digital act can also be entered into directly. In this way, for example, a notary in Sicily could receive the signature of the first appearing party and then send the writing in "real time" by e-mail to a notary in Piedmont who will receive the signature of the counterparty.
The deed, therefore, could be concluded at different times, by two different notaries and in different areas of Italy!
THE VIDEO-CONFERENCE
Video-conferencing is no longer a novelty, any smartphone allows you to make video calls and there are many applications or software that allow you to hold a conference in " telematic " form, ie via your computer.
Well, video conferencing can also be used for company meetings .
The shareholders, administrators and statutory auditors can, therefore, attend the meeting directly from home or from their office, saving time and money.
​
Finally, the Law Decree no. 18/2020 allows the meetings of joint stock companies to be held entirely via video-conference, without the physical presence of anyone in the notary's office, but all electronically connected!
​
​
