The translation of notarial deeds and of the foreign documents annexed to them is governed by rules that differ from those for ordinary sworn translations. The guidance below follows the Notarial Law, the Notarial Regulation and study no. 7-2021/A of the Italian National Council of Notaries, approved by its European and International Affairs Committee on 13 January 2021, and is intended for notarial practices and for foreign parties taking part in a deed in Italy.
The deed and its language: articles 54 and 55 of the Notarial Law
Notarial deeds are written in Italian. Where the parties declare that they do not know Italian, the deed may be executed in a foreign language, provided the notary and the witnesses know it, with the Italian translation placed opposite or beneath the text; where the notary does not know the language, the deed is received in Italian with an interpreter chosen by the parties, who swears before the notary and produces the translation into the foreign language. In both cases the original and the translation are signed separately by everyone required to sign, and the interpreter signs at the end of the deed and in the margin of every sheet of both the original and the translation.
The Court of Cassation, Second Civil Division, in judgment no. 9177 of 16 April 2013, held that a translation placed beneath the original does not form a single document with a single signature: the double signature is the means chosen by the law to make each signatory verify that the translation exists and is faithful, and a notary who omits it incurs the penalty under art. 137 of the Notarial Law.
Authenticated private agreements
Articles 54 and 55 do not apply to authenticated private agreements, which are drawn up by the parties and not by the notary. The notary must nonetheless know the language of the text in order to check its legality and its correspondence to the parties' intentions. An Italian translation is required only where special laws impose it for registration or for publicity in the land registers and, in that case, must be sworn unless made by the notary. Bilingual agreements should contain a prevailing-language clause; an Italian agreement with a foreign translation should state that the foreign version is a mere translation.
Foreign documents annexed to deeds
| Case | Translation | Notes |
|---|---|---|
| Notarial deed with a party who does not know Italian | Deed executed in a foreign language known to the notary and witnesses, with an Italian translation (art. 54), or deed in Italian with a sworn interpreter chosen by the parties and a translation into the foreign language (art. 55). | Original and translation signed separately; the interpreter signs at the end and in the margin of every sheet. |
| Authenticated private agreement in a foreign language | Arts. 54 and 55 do not apply; the notary must know the language in order to check legality. An Italian translation is needed only where special laws require it for registration or publicity. | In that case the translation must be sworn, unless made by the notary. |
| Deed received or authenticated by a foreign notary, deposited or annexed | Italian translation required by the rules on the deposit of foreign deeds (art. 106(4) of the Notarial Law; art. 68 of the Notarial Regulation). | Failure to translate the annex attracts a warning or censure, not nullity of the deed. |
| Simple private document from abroad, annexed | Translation not required, unless needed for tax or publicity formalities. | The document does not change its nature merely by being annexed. |
| Annexes with contractual content to a deed under arts. 54 and 55 | Translation required: annexes that express the parties' intentions follow the rules of the deed to which they belong. | A substantive rather than formal reason. |
| Technical annexes (cadastral plans, passports, energy certificates, consolidated accounts) | Translation not required if the notary knows the language. | The notary must nonetheless fully understand their content. |
| Foreign-language document to be registered | Translation made by an expert registered with the court and sworn as accurate (art. 11(5) of Decree 131/1986). | Applies also to non-notarial documents subject to registration. |
Legalisation and Apostille of foreign deeds
A deed formed abroad produces effects in Italy only if legalised or bearing a Hague Apostille, as required by art. 68 of the Notarial Regulation and, for registration in the land registers, by arts. 2657 and 2837 of the Civil Code. Exemptions apply to deeds from Germany and Austria, under bilateral conventions, and from Belgium, Denmark, France, Ireland and Latvia, under the Brussels Convention of 1987. Regulation (EU) 2016/1191 exempts from legalisation only public documents concerning personal status: contracts, powers of attorney, marriage agreements and wills remain subject to the Apostille or legalisation.
Deeds drawn up by Italian consular offices abroad are Italian deeds in every respect: they require neither translation nor legalisation and may be deposited with or annexed to a notarial deed as certified copies.
Our service for notarial practices
The firm provides sworn translations of powers of attorney, articles of association, by-laws, resolutions, company registry extracts, wills and judgments from abroad, in the form required for deposit, annexation and registration, and provides sworn interpreters for deeds received under art. 55 of the Notarial Law, in Rome and elsewhere on request. A translator registered with the Court of Rome's Register of Court-Appointed Experts takes the oath on the translation and, where needed, obtains the Apostille from the Public Prosecutor's Office.