Anacronismi e rottamazioni. Il moto retrogrado del d.d.l. concorrenza e l’esperienza statunitense

This article critically examines Articles 29 and 30 of Italy's 2015 annual competition bill (d.d.l. Guidi), which proposed removing notarial legality controls on certain non-residential property transfers, entrusting authentication to lawyers, and allowing simplified limited liability companies to be formed by unauthenticated private deed. Drawing on the United States experience – the notary public, the conveyancing model and authoritative proposals to introduce the Latin notary after the subprime crisis – it argues that importing a model whose inadequacy the recent financial crisis exposed is anachronistic. While a partial opening of the notarial services market is acceptable, both provisions should be removed.