Sale or Leasing of a Business

By law, the sale or leasing of a company (which also may be done by an individual) may be entered into only by public deed or authenticated private agreement signed before a notary. This provision was introduced in the early nineties in order to address the problem of money laundering; this often passed through corporate operations which at the time were not subject to any controls.

Here too the role of the notary that of a prior check on legality, so by law he must enter certain data in the Registry of Companies to comply with the law and avoid later disputes.

The notary’s checking, in fact, involves verifying a legitimate reason for the transfer, the legal capacity of the parties to act, the correctness of powers of attorney and other identifying documents. The notary is responsible for the content of the deed, in accordance with his own professional discipline.