Law on Public Instruments Drafted by Municipal Secretaries

1 The municipal secretary is competent to draw up contracts of sale and exchange of real estate considered as public acts in accordance with this law, when their object does not exceed the value of 2,000 francs.

2 The competence of the secretary is determined by the location of the alienated assets.

3 Where the assets are located in the territory of different municipalities, the act may be drawn up by one of the respective secretaries.

The decisive value of the transaction is that of the consideration, but at a minimum, the appraisal value. In the case of an exchange (barter), the sum of the values of the exchanged properties is used.

1 The deeds must be drawn up in Italian and written by hand, typewriter, or computer; any variations or additions must be duly noted and reported at the end before the signature of the deed, and if necessary, re-signed.

2 The deeds must be signed by the parties and the secretary, after being read aloud and clearly in the presence of the parties.

Every contract must contain

a) The progressive number and date, namely the indication of the place, day, month, and year in which it is stipulated;

b) The name, surname, date of birth of the parties, and the domicile and address, relationship or nationality of the parties or their representatives;

c) The indication of the nature of the act (sale, exchange);

d) The exact designation of the immovables;

e) The agreed price, expressed in figures and in letters.

The secretary is required to inform the parties about the scope of the negotiation, including public law charges, and to explicitly recall the obligation to indicate the real price of the transaction, drawing attention to the criminal consequences of a false declaration.

The secretary is required to perform his office whenever requested, except for cases of recusal provided for by the Code of Civil Procedure.

In the case of contracts in which the secretary or any of their ascendants or descendants, their spouse, their registered partner, their brother or sister, their sons-in-law or daughters-in-law or parents-in-law, brothers-in-law and sisters-in-law, or de facto partners are parties or representatives, the act must be drafted and signed by the mayor and their deputy.

The secretary must refuse their ministry if circumstances raise reasonable doubt about the civil capacity or infirmity of the parties, as well as about the true convergence of the manifestation of will or simulation.

1 Within 15 days of its execution, the secretary must request the registration of the contract in the land register in accordance with the law and relevant regulatory provisions.

2 The request shall be accompanied, as supporting documents, by the original contract, any powers of attorney, the cadastral extract (if a provisional land register), and, if there are boundary changes, the mutation plan in triplicate.

The Registrar, before executing the registration, must examine the requests and the justificatory title, in accordance with the law and regulations, pointing out to the applicant any omissions or irregularities, and providing the necessary instructions.

The contract shall be considered null and void if the Registrar, in execution of Article 7 of the Law of 16 October 2006 on fees for operations in the land register, ascertains its value to exceed the limit established in Article 1.

A rubric or register for the inscription of acts drawn up by secretaries shall be kept at the municipal chancery; for each act, the progressive number, date, nature, name, surname, and domicile of the parties, and the date of the request for entry in the land register, shall be immediately inscribed in said rubric.

The secretary shall be entitled to receive, in addition to the reimbursement of expenses

a) for each contract, a fixed fee of 50 francs plus an additional fee of 5 percent on the value exceeding 100 francs;

b) for each request for entry in the land register and for the issuance of a certificate of inheritance from the competent Pretura, 20 francs.

The Council of State is authorized to issue the necessary provisions, and to give the due instructions for the application of this law.

The Act of 20 April 1914 supplementing Arts. 19 and 22 LAC concerning public instruments drawn up by municipal secretaries is repealed.

The present law shall be published in the Official Gazette of Laws and Executive Acts and shall enter into force [1] simultaneously with the Law on Notaries.

Published in OG 2015, 165.

[1] Entered into force: July 1, 2015 - OG 2015, 165.