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CONSIGLIO NAZIONALE DEL NOTARIATO

CONSIGLIO NAZIONALE
DEL NOTARIATO

NOTARIAT

We are an institution established in Italy and now active in 91 countries around the world.  A Notary carries out preventive legality checks, ensuring that every notarial deed abides by the law and the will of the parties. A Notary’s activities are audited by the State, the Tax Authorities and the Ministry of Justice.

Functions

The tasks of the National Council of Notaries are defined by law as follows:

a) to advise the Department of Justice, if so requested, on provisions relating to the notarial law and issues affecting the profession;

b) to present proposals that it considers appropriate in relation to notaries;

c) to collect and coordinate the proposals of the notarial councils and of notaries themselves;

d) to carry out studies of interest to the profession;

e) to protect the interests of the profession;

f) to develop principles of professional ethics.

To carry out its functions, the Council may establish special committees, with the help also of external persons having particular expertise. A special committee, called the “Permanent Observatory for Ethics”, oversees the uniform implementation throughout Italy of the Code of Conduct, a set of rules of conduct binding on all notaries, drawn up by CNN and published for the first time in 1994. The current text was approved by the National Council of Notaries with resolution no. 2/56 of 5 April 2008.

Beyond the CNN’s writ, instead, are the examination and resolution of specific cases or the application of disciplinary sanctions: this matter is confidential to each District Notarial Council.

As the central body of the profession, the Council is responsible for relations with the State in areas touching the notarial profession; it organises conferences and promotes national conferences for the study of current issues and new legislation; it organises or sponsors refresher courses for practising notaries through the Italian Foundation of Notaries, and adopts appropriate measures that may be suggested by questions or comments on subjects of interest.

The Council does not have jurisdiction over competitions for the appointment of notaries: it must merely provide to the Ministry of Justice a non-binding list of notaries from whom the Ministry can choose the six members who, together with nine magistrates and six university lecturers in law subjects, also appointed by the Ministry, will make up the examination committee. The organisation and management of the competition is strictly reserved to the Ministry.