Company Formation in Italy for Non-Residents: 2024 Guide

Since August 2023, EU citizens can incorporate an Italian SRL entirely by video call with a licensed Italian notary. No flight to Milan. No consulate appointment. No physical presence in Italy required at any stage. The digital incorporation platform (MIMIT, enacted under D.Lgs. 183/2021) has been operational since August 2023 — and yet most guides for foreign founders still don't explain how it actually works in practice.

Non-EU founders face a different situation. They are often told they "must travel to Italy" for incorporation. This is incorrect. A notarized and apostilled Power of Attorney eliminates the travel requirement entirely for non-EU founders. The real question is not "can I do it remotely?" — the answer is yes for both groups — but "what does my specific nationality require?"

This guide maps the exact remote formation path for EU residents (digital notary) and non-EU residents (Power of Attorney). It explains visa options for founders who prefer to be physically present. And it covers UBO register compliance for non-resident beneficial owners — the post-registration obligation that most guides skip entirely.

Company Italy handles non-resident incorporations from offices in Milan (Via Monte Napoleone 8), Rome (Via del Corso 184), and Florence (Via de' Tornabuoni 17). Our non-resident clients include founders from 40+ countries, including non-Hague Convention jurisdictions.

Do You Need to Travel to Italy to Form a Company?

The short answer: No. Neither EU nor non-EU residents need to travel to Italy to form an Italian SRL. The mechanism differs by nationality, but the result is the same — you can complete the entire process from abroad.

EU residents — digital incorporation path: Since August 2023 (when the MIMIT technical platform became fully operational), EU-resident founders can complete the entire SRL incorporation — including the notary deed signing — via a video conference session with a licensed Italian notary. This is the digital incorporation path enacted by D.Lgs. 183/2021, which transposed the EU Online Formation Directive into Italian law.

The notary verifies identity via video. The statuto (articles of association) is signed electronically using a qualified electronic signature (QES). The deed is filed with the Registro delle Imprese — all without the founder setting foot in Italy. The entire video session typically takes 60–90 minutes once all documents are prepared.

Non-EU residents — Power of Attorney path: The MIMIT digital incorporation platform is restricted to EU-resident founders as of 2024. Non-EU residents cannot use the digital notary session. However, non-EU founders can still incorporate entirely remotely via a notarized Power of Attorney (Procura Speciale). This document authorizes a named Italian representative — your law firm or licensed agent — to sign the notary deed in Italy on your behalf. No travel is required.

EU Residents: Digital Incorporation Step by Step

Here is what the EU digital incorporation process actually involves — the operational detail that most guides omit.

Step 1 — Obtain your Italian Codice Fiscale

The Codice Fiscale (Italian tax identification number) is required before any Italian legal action. EU citizens may apply directly online via the Agenzia delle Entrate portal — this is faster than the consulate route. Alternatively, apply at the Italian consulate in your home country. Processing: 3–10 days. Obtain this before scheduling any notary session.

Step 2 — Prepare your ID documents for digital verification

The notary will verify your identity via video. Your document must be:

• A valid passport or national ID card (EU citizens can use either)
• Unexpired and clearly legible when held up to a camera
• Some notaries additionally request a selfie-style liveness check for video session identity verification

Step 3 — Draft the statuto with your law firm or notary

The articles of association (statuto / atto costitutivo) define:

• Company name — check availability at RegistroImprese.it before finalizing
• Registered office address in Italy (virtual office is legally valid)
• Business purpose (oggetto sociale) — define broadly enough to cover current and planned activities
• Share capital (€10,000 minimum stated capital)
• Governance structure (directors, powers, terms)
• Dividend rights and transfer restrictions if applicable

Statuto preparation with experienced counsel: 3–7 days. This is the stage where getting legal advice pays for itself — a poorly structured statuto can create banking, licensing, or governance problems later.

Step 4 — Deposit share capital at an Italian bank or qualifying fintech

Deposit at least €2,500 (25% of €10,000) at an Italian bank. A sole-shareholder SRL must deposit €10,000 (100%). The bank issues a capital deposit certificate required for the notary deed.

For EU founders using digital incorporation, some notaries accept qualifying fintech banks (Qonto, Finom) for the capital deposit. Verify with your specific notary before making the deposit — practice varies and notaries have discretion here. Traditional banks are accepted by all notaries without question.

Step 5 — Schedule and attend the video notary session

Book a video session with any licensed Italian notary who offers the digital incorporation service. The session typically takes 60–90 minutes. During the session:

• The notary verifies your identity via video
• You review the statuto together and ask any final questions
• You sign the statuto electronically using a qualified electronic signature (QES)
• If you don't have a QES device, the notary may facilitate alternative signing mechanisms
• The notary records the deed as a public act (atto pubblico)

Step 6 — Registration, Partita IVA, and UBO

The notary must file the incorporation deed with the Registro delle Imprese within 20 days (Art. 2463(3) Codice Civile). Registration: 5–10 business days. Your company receives a Registro Imprese extract (visura camerale).

Partita IVA: 1–5 business days after registration from the Agenzia delle Entrate.

UBO declaration: file within 30 days of registration via the MIMIT platform.

Total EU digital formation timeline: 3–6 weeks Total EU formation cost: €3,000–€8,000 (same as domestic formation — no additional costs for digital path)

Non-EU Residents: Power of Attorney Route

For non-EU residents, the Power of Attorney (Procura Speciale) is the standard remote incorporation mechanism. Here is the complete process with precise operational detail.

Step 1 — What is a Procura Speciale (PoA)?

A Procura Speciale is a legal document that authorizes a named Italian representative — your law firm or licensed agent in Milan, Rome, or Florence — to perform specific legal acts on your behalf. For Italian incorporation, the PoA must explicitly authorize:

• Execution of the SRL incorporation deed before a notary
• Approval and signing of the statuto
• Deposit of share capital on your behalf
• All related registration acts (Registro Imprese filing, Partita IVA application)

Company Italy provides the PoA template. Courts and notaries are strict about the scope of authorization — every required act must be explicitly named.

Step 2 — Sign the PoA before a notary in your home country

Find any licensed notary in your home country. You do not need to visit an Italian consulate. The notary certifies your identity and your signature on the PoA document. This is a standard notarization procedure in virtually every country.

Step 3 — Obtain an apostille

For Hague Convention countries: Countries party to the Hague Apostille Convention include most EU members, the US, UK, Canada, Australia, Japan, South Africa, and many others. Obtain an apostille from the competent authority in your country:

• United States: Secretary of State of your state
• United Kingdom: Foreign, Commonwealth & Development Office
• Australia: Department of Foreign Affairs and Trade
• Other countries: varies — check with your notary or check hcch.net

Cost: €50–€300. Timeline: 1–10 days (varies significantly by country and authority).

For non-Hague Convention countries: Countries not party to the Hague Convention — which includes certain Gulf states, some African countries, and some Asian jurisdictions — require Italian consular legalization instead. This involves:

1. Legalization by your home country's foreign ministry
2. Legalization by the Italian consulate in your country

Cost: €100–€400. Timeline: adds 2–4 extra weeks. Check your country's Hague Convention status at hcch.net before starting.

Step 4 — Certified Italian translation

All foreign-language documents — the PoA, all supporting identification documents, and corporate certificates if a company is a shareholder — must be translated into Italian by a sworn translator. The translation must carry the translator's official certification stamp.

Cost: €30–€80 per page. Timeline: 2–5 days per document batch.

Note: machine-translated or auto-translated documents are not accepted. The translator must be a certified sworn translator recognized in Italy or the EU.

Step 5 — Send original documents to your Italian representative

Send originals — not scans, copies, or PDFs — by international courier (DHL or FedEx). Your Italian representative cannot proceed with copies; the notary requires originals of all PoA documents.

Allow 3–5 business days for international delivery to Italy. Use tracked shipping and obtain delivery confirmation.

Step 6 — Italian representative completes formation

Your representative in Milan, Rome, or Florence:

• Schedules the notary appointment
• Deposits the share capital at the bank on your behalf
• Signs the notary deed in Italy
• Proceeds with Camera di Commercio filing
• Manages Partita IVA activation and UBO registration

You receive all formation documents — incorporation certificate, Registro Imprese extract, Partita IVA notification, UBO certificate — by email and courier.

Total non-EU PoA timeline: 6–16 weeks

Total non-EU formation cost: €5,000–€10,000 all-in, including:

• PoA notarization: €200–€800
• Apostille: €100–€600
• Certified translation: €200–€600
• International courier: €50–€150
• Additional Italian legal coordination: €500–€1,500
• Standard formation costs: €3,000–€8,000

For the full document requirements checklist by nationality, see our company formation requirements Italy guide.

Visa Options: If You Want to Be Present in Italy

Some non-EU founders prefer to sign the notary deed in person — either to build relationships, visit the registered office, or simply because they find the in-person process more straightforward than the PoA route. Here are the visa options.

Italy Startup Visa: For non-EU entrepreneurs founding or joining an innovative startup — a company meeting the high-tech, innovation-intensive criteria of D.L. 179/2012. The MIMIT-certified incubator endorsement takes approximately 30 days; consulate processing adds further time. The visa provides a path to long-term residence and the Impatriates Regime tax benefits for relocating founders.

Investor Visa: For larger investors. The €250,000 threshold applies to investment in an innovative startup; €500,000 applies to investment in an existing Italian company's equity. No incubator endorsement required — faster and more straightforward than the Startup Visa for qualifying investments. The 2-year initial duration is renewable.

Business visit visa: If you simply want to sign the notary deed in person and return home, a standard short-stay business visit visa (for non-Schengen nationalities) is sufficient. Maximum 90 days in the Schengen Area. This does not authorize you to work or manage the company from Italy on an ongoing basis.

EU founders: No visa required under EU freedom of movement. No registration requirements for stays under 3 months. For stays over 3 months, a simple administrative registration at the local comune is required.

UBO Register: Non-Resident Compliance Obligations

The UBO (Ultimate Beneficial Owner) register is one of the most important — and most commonly missed — compliance obligations for non-resident founders of Italian SRLs.

The UBO register became publicly searchable in October 2023 under D.Lgs. 19/2023. Filing is mandatory within 30 days of incorporation registration. Annual confirmation is required every year thereafter.

Who must be registered:

• Any individual holding directly or indirectly 25% or more of shares
• Any individual exercising effective dominant control over the company, even without reaching the 25% shareholding threshold

What non-resident UBOs must provide:

• Valid government-issued ID document
• Italian Codice Fiscale (non-resident founders must obtain this before UBO filing — it is required)
• Foreign residential address (a foreign address is accepted; no Italian address is required)
• Beneficial ownership percentage and nature of control (direct shareholding, indirect via chain, contractual control)

Penalties for non-compliance: Administrative fines for the company. Reputational consequences for regulated entities (financial services, insurance). The fines are €103–€1,033 per violation and are actively enforced.

The banking connection: This is critical. Most Italian banks now require a UBO register certificate from MIMIT or the Registro delle Imprese before they will open a company bank account. If you delay your UBO filing, you delay your bank account opening — which delays all commercial operations.

File the UBO declaration within 30 days of registration. Treat this as a day-1 priority.

Non-resident UBO practical note on Codice Fiscale: The Codice Fiscale required for UBO filing must be obtained before the filing — it cannot be completed without it. Non-resident founders should apply for their Codice Fiscale at the Italian consulate in their home country at the very beginning of the formation process, before any other step.

FAQ: Company Formation in Italy for Non-Residents

Q: Can a foreigner open a company in Italy without living there?

Yes. No Italian residency is required to be an SRL shareholder or director. EU residents incorporate via digital video session with an Italian notary (D.Lgs. 183/2021, operative August 2023). Non-EU residents authorize a named Italian representative via an apostilled Power of Attorney. Neither group needs to travel to Italy or establish Italian residency at any point.

Q: Do I need to be physically present to register a company in Italy?

No. EU residents complete the entire incorporation process by video session with an Italian notary. Non-EU residents use an apostilled Power of Attorney — their Italian representative signs the notary deed in Italy on their behalf. Physical presence is optional, and only necessary if the founder chooses to attend in person for personal reasons.

Q: What visa do I need to open a business in Italy?

If incorporating remotely — via digital session or PoA — no Italian visa is needed. If traveling to Italy to sign the notary deed in person, non-EU nationals from non-Schengen countries need a business visit visa (visto d'affari). Non-EU founders wanting to reside and manage the company in Italy should apply for an Italy Startup Visa (for innovative startups — requires certified incubator endorsement) or Investor Visa (€250,000–€500,000 investment threshold, 2-year initial visa).

Q: Can I open an Italian company remotely?

Yes. EU residents have been able to do so entirely by video since August 2023 via the MIMIT digital incorporation platform (D.Lgs. 183/2021). Non-EU residents incorporate remotely via an apostilled Power of Attorney — no travel to Italy required. Company Italy manages both processes for clients worldwide from offices in Milan, Rome, and Florence.

Q: What is the Power of Attorney process for Italian company formation?

The PoA (Procura Speciale) is drafted by your Italian lawyer, signed before a notary in your home country, apostilled (Hague Convention countries) or consularly legalized (non-Hague Convention countries), certified-translated into Italian by a sworn translator, and sent by international courier to your Italian representative. They then sign the notary deed and manage the complete Registro Imprese filing. The process adds 3–6 weeks and €500–€2,000 in additional costs compared to the EU digital path.

Start Your Italian SRL From Abroad

Both EU and non-EU founders can form an Italian SRL without traveling to Italy. The EU digital notary path takes 3–6 weeks and costs €3,000–€8,000. The non-EU PoA route takes 6–16 weeks and costs €5,000–€10,000. Neither requires Italian residency or a local director.

Company Italy's non-resident formation specialists handle the complete process remotely — from PoA drafting and document review through UBO registration and bank account introduction. Registered offices are available at our Milan (Via Monte Napoleone 8), Rome (Via del Corso 184), and Florence (Via de' Tornabuoni 17) offices.

Contact info@company-italy.com to speak to our formation specialists. For document preparation requirements, see our company formation requirements Italy guide. For cost budgeting, see our Italy formation cost and timeline guide.

For the broader context of starting a business in Italy as a foreigner, see our starting a business in Italy guide.

This guide provides general legal information only. PoA requirements may vary by notary and by country. Non-Hague Convention jurisdictions require specialist advice. Italian regulations change frequently. Contact our team for a free consultation.