Rules on certificates and substitutive declarations AUTOCERTIFICATION – Law n.183 of 12/11/2011 – Art.15
From 1 January 2012, with the entry into force of art. 15 of Law 183/2011, in relations with the organs of the Public Administration and with the Managers of Public Services, the certificates are always replaced by the substitutive declaration of certification.
The substitutive declaration of certification is a declaration that replaces the certificate, and is mandatory in relations with the Public Administrations and the Managers of Public Services, pursuant to art. 46 of the D.P.R. 445/2000, optional in relations with private individuals.
On the other hand, the affidavit of affidavit is a declaration that relates to states, personal qualities and facts that are in direct knowledge of the interested party or related to other subjects to whom he has direct knowledge and makes in his own interest, excluding situations expressly envisaged as declarations substitutes for certifications.
The substitutive declaration of the deed of notoriety substitutes the deed of notoriety, pursuant to art. 47 of the D.P.R. 445/2000.
As a consequence, the registry certificates must be definitively retired, at least with regard to the deeds and procedures pertaining to the Public Administrations.
Citizens who will have to certify their personal status (birth, family status, citizenship, etc.) will have to make use of self-certification and all public administrations (state, regions, local authorities, public service bodies) will be obliged to accept them, but then have the verification powers required by law.
Self-certification becomes in effect an obligation and not a mere discretionary power. The certifications issued by the municipal registry offices may still be requested in the context of relations with private subjects (banks, companies, insurance companies, sports clubs, etc.) but also in these cases it will be possible to assert self-certification, subject to the consent of the private entity applicant. On certificates, otherwise nullity, the following wording will always be applied: “This certificate can’t be produced to the organs of the public administration or to the private operators of public services”
Being Italian or European citizens. It may also be presented by citizens of non-EU countries, legally residing in Italy, if the declaration concerns states, facts and personal qualities that can be certified or attested by Italian public entities.
HOW TO DO
The citizen must present or send to the public offices and to the managers of public services (Enel, Telecom, Aci, Public Transport Managers) a personal statement, on plain paper, compliant with the models available at the municipal registry office or downloadable from the site www.comune.summonte.av.it at the self-certification link, certifying how much it should have contained in the certificates.
The substitutive declaration of notary deed to be presented to the Public Administrations or to the Managers of Public Services must be signed in the presence of the employee in charge or even sent together with a photocopy of an identity document of the subscriber.
If it is to be presented to private parties, it is necessary to authenticate the subscription to be made at the Registry Office.
The substitutive declaration of certification replaces definitively (without needing to present the certificate at a later time) the following documents:
– date and place of birth;
– enjoyment of civil and political rights;
– unmarried, married, widowed or free status;
– family status;
– existence in life;
– birth of the child, death of the spouse, ascendant or descendant;
– registration in registers, in lists held by public administrations;
– membership of professional orders;
– qualification, exams taken;
– professional qualification held, title of specialization, qualification, training, updating and technical qualification;
– income or economic situation also for the purpose of granting benefits of any kind provided for by special laws;
– fulfillment of specific contributory obligations with the indication of the amount paid;
– possession and number of the tax code, VAT number and any data present in the tax registry file;
– state of unemployment;
– retirement quality and pension categories;
– student quality;
– quality of legal representative of natural or legal persons, guardian, curator and the like;
– registration with associations or social groups of any kind;
– all situations related to the fulfillment of military obligations, including those attested in the service record sheet; not to have received criminal convictions and not to be the recipient of measures concerning the application of prevention measures, civil decisions and administrative measures entered in the criminal record pursuant to the current law; not to be aware of being subjected to criminal proceedings; quality of life at load; all data that are directly known to the data subject contained in the registers of civil status (birth, marriage, citizenship, death); not to be in a state of liquidation or bankruptcy and not having submitted an application for an arrangement.
THE CITIZEN IS RESPONSIBLE FOR THAT WHICH REPRESENTS WITH THE SELF-CERTIFICATION
Administrations and individuals have the power to carry out checks on correspondence to the truth of self-certification. In case of FALSE DECLARATION, the citizen is reported to the judicial authorities and lapses from any benefits obtained with self-certification.
The self-certification has the same temporal validity (6 months) of the acts that substitute (Art. 48 D.P.R. 445/2000)
ATTENTION: with the substitutive declaration of certification you do not pay stamp duty (€ 14.62) or secretarial fees (€ 0.45).
The authentication of the subscription (only for substitutive declarations of a notarial deed to be presented to private parties) is subject to stamp duty and secretarial fees.
The Office Responsible for the acquisition or direct access to the data, as well as the necessary sample checks on self-certification, is the Register Office. The verification of data by Public Authorities and Managers of Public Services can be requested by: fax, to be sent to n. 0825/691613 mail, to the following addresses: firstname.lastname@example.org with the word request for access to the consultation of the database of the population register of the resident population of the Municipality of Summonte.
dott. Ivo Capone