The Studio

With a history spanning over thirty years, the Studio Notarile Associato Gambacorta is a reference point for the public not only in the City of Sansepolcro but also in the entire Valtiberina, the Province of Arezzo and beyond.

The Studio can rely on the work of two Notaries assisted by an expert and competent staff. The Studio offers all standard notary services with the utmost reliability and professionalism, in order to ensure that all issues are resolved and customers’ needs are satisfied in the most efficient possible manner, both from a substantial and a fiscal point of view.

All the procedures are directly followed by the Notaries with the assistants’ support, both before and after the stipulation.

Furthermore, the Studio offers support in English, both from the Notary and the assistants, in each and every phase of the notarial procedure. Support in other languages (such as French and Russian, for example) is also possible thanks to the availability of internal and external collaborators.

 

Why resort to a Notary

The Law. The Notary is a public officer designated to receive deeds between living people (inter vivos, i.e. sales, exchanges, divisions, mortgage loans, company deeds, etc.) and for the time after death (mortis causa, i.e. testaments), bestow public trust on them, store them and release copies, certificates (i.e. summaries) and excerpts (i.e. partial copies) (art. 1 of the Italian Notarial Law).

The notarial deed. Deeds drafted by a Notary are public deeds, given that Notaries are authorised by the law of the Italian Republic to bestow them public trust; as such they have particular legal effect: what is attested by the Notary in a deed (e.g. that they have read it before the parties or that a person released or subscribed a statement before them) must be deemed as true by any Judge, unless a false statement is ascertained.

The role and responsibility. Besides merely authenticating the signatures of the parties – as is the case in other legal systems – the Notary is also bound to investigate their will and identify the legal instrument which best fits their aims. Moreover, the Notary is responsible for the compliance of the parties’ stipulations with the mandatory rules of law, so as to guarantee their validity and effectiveness. All of the above is to be carried out in a position of absolute impartiality with respect to the involved parties.

The fiscal responsibility. Finally, the Notary performs a fundamental function in the collection of taxes and tributes – indirect ones in particular – applicable to deeds that they receive or authenticate.  As to the latter, the Notary acts, by law, as tax officer: i.e. he is bound to pay taxes to the State in the same legal position as the parties who perform the operation by means of his office.

As of 29th August 2017, the Notary is also obligated to deposit all amounts due by the parties for taxes – and paid for each deed received or authenticated and subject to publication in land or business registers – in a special dedicated account, so as to avoid confusing of such amounts with the personal resources of the Notary himself.

 

The cost of a Notary Deed

In the vast majority of cases, the amount of taxes which the Notary pays to the Treasury on behalf of the customer represents more than half of the cost of the deed for the parties.

Save for the cases in which the value of the deed cannot be objectively determined, basically, the cost of the deed is proportional to the value of the operation, as both the applicable taxes and the other duties and contributions which the Notary is obliged to pay for various reasons are almost always proportional.