What Is a Procura Speciale?

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

Procura Speciale vs. Procura Generale vs. Delega

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 before the Italian tax authority (Agenzia delle Entrate), 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.

Frequently Asked Questions

What is a procura speciale?

A procura speciale is a limited power of attorney under Italian law. It grants authority for one defined legal action and then expires automatically once that act is completed. It differs fundamentally from a general power of attorney and from the U.S. concept of a durable power of attorney.

When do Americans need a procura speciale?

It is commonly used to complete Italian transactions without being physically present: signing real estate purchase or sale deeds (rogito) before an Italian notary, signing the Atto Costitutivo for an SRL or other Italian entity, accepting or renouncing an Italian inheritance, and authorizing representation in Italian administrative or notarial proceedings.

How does a procura speciale differ from a procura generale or a delega?

A procura speciale covers a single defined act and requires a notary. A procura generale covers multiple or ongoing acts and also requires a notary. A delega covers only minor administrative tasks, requires no notary, and has no legal standing at a notary.

How do Italian procure differ from U.S. powers of attorney?

Italian procure automatically expire if the principal becomes incapacitated, unlike durable U.S. POAs that survive incapacity. Medical decisions are handled separately in Italy through advance directives (DAT), and Italian procure require notarization and an apostille. A U.S. power of attorney needs legalization (apostille) and a certified Italian translation to be accepted in Italy.

How do you execute a procura speciale from the U.S.?

Sign the document before a U.S. notary public, obtain a state apostille that authenticates the notary's signature for foreign use, have the document certified-translated into Italian, and then send it to Italy for use by your authorized representative.