The Declaration in lieu of affidavit is a personal declaration to certify facts, states and personal qualities, not included among those envisaged for self-certification, that are within the direct knowledge of the interested party. The facts, states and qualities may also relate to other persons, provided that the declarant has a personal interest in making the declaration (e.g. ownership of property, inheritance, etc.).
It is drafted on plain paper, and may contain states (being the owner of a property, being the heir of a certain person, …), personal qualities (being the owner of a business; not being subject to income tax, …) or facts (having suffered damage due to a natural disaster, …) of which the declarant has direct knowledge. The declaration may also replace the attestation of conformity to the original for photocopies of documents kept or issued by a public administration, copies of publications, educational or service qualifications and tax documents kept by private individuals (registers, invoices, …).
WHAT IT MAY NOT COVER
- states, personal qualities or facts that the law requires to be notarised or that, on the contrary, can be self-certified;
- medical, sanitary, veterinary, origin, EC conformity, trade mark or patent certificates (for these, the certificates themselves must be presented);
- declarations of intention (waivers, acceptances, powers of attorney, …).
NB: in many cases, therefore, the substitute declaration is not required, as self-certification is sufficient. Interested parties are therefore invited to check for themselves which act is required in their specific case.
WITH WHOM IT CAN BE USED:
- with the public administration (municipalities, consulates, …);
- with public service providers (ENEL, ACI, Telecom, …);
- with private individuals (banks, insurance companies, companies, etc.), provided that they consent to receiving it and that the person concerned himself consents to the data being checked by the administration holding it. In this case, therefore, the interested parties will first have to check with the private body in question whether it is necessary to produce a proper affidavit if the declaration in lieu of affidavit is not sufficient.
WHO MAY SIGN IT
- adult Italian citizens;
- adults who are citizens of EU member states;
- adult non-EU citizens who are regularly residing in Italy (only if the data and facts that are the subject of the declaration can be verified with Italian public entities and for those matters for which there is an agreement between Italy and their country of origin).
HOW IT IS PRESENTED:
In most cases, declarations in lieu of affidavit do not require authentication of signature, but it will be necessary to attach a photocopy of a valid identity document of the signatory to the signed declaration.
If the declaration is addressed to a public administration or a public service manager, it may be signed in front of the official responsible for receiving the documentation or sent by post or fax by attaching a non-authenticated photocopy of a valid identity document.
The signature must be authenticated when the declaration is to be submitted:
- to private entities, such as banks, insurance companies, etc. (e.g. the Declaration in lieu of Notarial Act to be delivered to a bank or to the Italian Post Office to certify the status of heir);
- to public entities for the purpose of the collection of economic benefits from third parties (e.g. proxy for the collection of pensions, contributions, etc.).