The holder of the Embassy exercises notarial functions in acts and contracts celebrated in Italy that must be executed in Mexican territory. His public faith is equivalent throughout the Mexican Republic to that of notaries in the Federal District. The consular notary function provided by law is limited in nature, since the Ambassador as notary public only issues the following acts, provided that they will have legal effects in Mexico:

  • Powers of attorney for individuals and corporations.
  • Revocation of powers of attorney
  • Open public wills
  • Repudiation of inheritance rights
  • Agreement in the exercise of parental authority of minors and incapable persons.

These acts are drawn up in public deed and the testimonies issued therefrom do not require subsequent legalization or notarization in order to have legal effects in Mexico. In the case of public instruments drawn up before an Italian notary public, in order to be valid in Mexico they must be duly apostilled by the competent Italian authorities. These will be subsequently registered before a notary public in Mexico, after translation into Spanish by a Mexican expert translator.

In Italy, powers of attorney can only be granted at the Consular Section of the Mexican Embassy in Rome or at the Mexican Consulate in Milan in accordance with the district covered by those offices. The Honorary Consulates of Mexico do not have notarial functions. 

+ - 1.Powers of attorney for individuals and corporations Click to collapse

When a national in Italy needs to execute a legal act in Mexican territory, he/she may do so by means of a power of attorney granted to a representative or attorney-in-fact. The latter is obliged to execute on behalf of the principal the legal acts entrusted to him/her. The power of attorney is granted in a public deed and the document is called power of attorney. Powers of attorney are classified as general or special.

General Power of Attorney

Powers of attorney are classified as General

The General Power of Attorney serves for an indefinite series of legal acts and is not exhausted with its use, therefore the attorney-in-fact may perform multiple actions on behalf of the principal until the power of attorney is revoked, or until one of the parties dies. They may comprise the three types or any combination thereof, and may be broad or limited in scope as to the powers conferred.

General Powers of Attorney may be of three types:

General Power of Attorney for Lawsuits and Collections: serves for the attorney-in-fact to represent the principal in all kinds of lawsuits and to make collections.

General Power of Attorney for Acts of Administration: it is granted for the attorney-in-fact to administer the assets and interests of the principal, for example: bank accounts or businesses.

General Power of Attorney for Acts of Dominion: it is used to buy, sell, rent, donate, mortgage, etc. real estate. The Civil Code establishes in these cases, that whoever is granted a power of attorney that includes acts of ownership will have all the powers to act as if he/she were the owner, both in relation to the assets and to make all kinds of transactions over the entire patrimony of the principal, and may cause the attorney-in-fact to exceed his/her functions, even acting beyond his/her assignment to the detriment of the person who granted the power of attorney. 

Special Power of Attorney

Special Powers of Attorney are granted to be represented in one or more specific matters. They are automatically extinguished with the conclusion of the mandate for which they were granted. This type of power of attorney provides greater security to the principal.

If necessary, information may be provided regarding the purpose of the power of attorney, i.e., the purpose for which the document will be used, such as the purchase or sale of real estate, carrying out procedures before a court, tribunal or administrative authority, the withdrawal of money from a bank account, the acquisition of a mortgage loan, among others.

Requirements for the issuance of powers of attorney

  1. Fill out the power of attorney application (download)
  2. Valid passport of the principal.
  3. Marriage certificate, if the civil status of the principal is married under the separation of property regime and he/she wishes to grant a General Power of Attorney for Acts of Administration and/or Acts of Dominion, the application must include the information of both spouses, who must appear in person on the day they are given an appointment to sign the Deed.
  4. Copy of identification of the attorney-in-fact
  5. Pay the consular fees in cash in person at the consular section on the day of your appointment.

Once the complete documentation is gathered (application form, IDs of the attorney-in-fact, attorney-in-fact, marriage certificate, etc.), send photostatic copies to the Consular Section by e-mail in digitalized file (PDF format) to the following address: Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.

It is suggested that Italian citizens present a valid identification and Mexican citizens residing in Italy present their Mexican passport or other official identification. Once you have this form and all the copies required to process the power of attorney, a draft will be sent to you within a maximum of 15 business days, so that you can review with your partners and/or lawyers and/or notary (notary) that it is in accordance with your legal interest. Until we obtain a version of the draft power of attorney with the approval of the interested party, we will proceed to coordinate the date of signature. On the day of the signing of the deed, all original documents must be presented.

Pursuant to Article 107 of the Notary Public Law of the Federal District, the parties who do not know the Spanish language or who declare before the holder of the consular representation acting as Notary Public that their knowledge of Spanish is not sufficient to legally discern their obligations, shall be assisted by an interpreter appointed by them. The interpreters must have some kind of accreditation or studies in the field.

If a natural person appears in representation of another natural person, he/she must present a notarized document or testimony that authorizes him/her to execute the intended act, in original or certified copy by a local notary public.

If the power of attorney is granted by a legal entity, the following must also be submitted:

  1. Certified copy, not older than six months, of the articles of incorporation of the corporation (Translated into Spanish and apostilled),
  2. Certified copy, not older than six months, of the part of the bylaws of the company that refers to the representative bodies of the same (Translated into Spanish and apostilled),
  3. Certified copy, not older than six months, of the minutes of the Assembly in which the person appearing is designated and is given faculties for the granting of the power of attorney (Translated into Spanish and apostilled), and
  4. Certificate of Commercial Registry (Translated into Spanish and apostilled).

Documents issued by foreign authorities must be legalized by the corresponding consular office or apostilled by the authorities of the place of issuance. In case they are in a language other than Spanish, they must be accompanied by their respective translation.

+ - 2.Revocation of powers of attorney Click to collapse

One of the ways to terminate a power of attorney is revocation.

Requirements:

  1. Fill out application (download)
  2. Valid passport of the revoking party or, in its absence, valid official identification with photograph, such as a voting card (INE) or military service card.
  3. Original or copy of the public deed to revoke.
  4. Pay the consular fees in cash in person at the consular section on the day of your appointment.

Once the documentation is complete, send photostatic copies to the Consular Section by e-mail in digitalized file (PDF format) to the following address: Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.

You will then be contacted to set a date and time for the signing of the Deed, at which time all original documents must be presented.

In the case of powers of attorney granted by individuals, only the principal or principal may revoke the power of attorney. In the case of legal entities, the legal existence of the company and the legal personality of the representative must be evidenced.

+ - 3.Repudiation of Inheritance Rights Click to collapse

It is the act by which a person rejects part of the inheritance that corresponds to him/her in the succession. Only those who have the capacity to dispose of their property can repudiate the inheritance; in the case of minors and other incapacitated persons, the repudiation is made by those who exercise parental authority or by the guardians if they have judicial authorization. Repudiation may not be made in part or conditionally or subject to time limits.

Requirements:

  1. Fill out application (download)
  2. Valid passport of the person who will repudiate the inheritance or, in its absence, valid official identification with photograph, such as voting card (IFE) or military service card.
  3. A written document stating the name of the author of the succession, the nature of the succession (heir or legatee) and the court or notary public where the succession is located.
  4. Pay the consular fees in cash in person at the consular section on the day of your appointment.

Once the documentation is complete, send photostatic copies to the Consular Section by e-mail in digitalized file (PDF format) to the following address: Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.

You will then be contacted to set a date and time for the signing of the Deed, at which time all original documents must be presented.

Detalles