Online Notarization
Since August 2022, an online procedure has also been available for certain notarial matters. As your local notary, I offer you this option.
When can the online procedure be used?
Notarial matters that may also be conducted via an online procedure pursuant to § 40a of the Notarial Act (BeurkG) include, among others:
- Formation of a GmbH or UG (limited liability) with cash contribution, if the share capital is contributed in the form of money
- Formation of a GmbH or UG (limited liability) with a contribution in kind, if the share capital is not contributed in the form of cash – with the exception of the scope of special provisions: For example, the contribution of real estate as a contribution in kind would not be permissible in an online procedure
- Registration with the Commercial Register, such as a change of address, change of managing director, appointment or dismissal of an authorized signatory, or liquidation
- Unanimous amendments to the articles of association of a GmbH or UG (limited liability)
- Capital increases, e.g., upon the issuance of a declaration of assumption or in the case of unanimous capital increases for GmbHs or UGs (limited liability)
- Entries in the Register of Associations, such as formation, changes to the board of directors or the bylaws, and liquidation
How does the online procedure work?
The online procedure works essentially the same way as an in-person appointment with me as your notary—with the difference that communication takes place digitally via video transmission.
Here’s how the online process works, using the example of a notarization:
After scheduling an appointment with our office, I, as the notary, first verify the identities of the parties involved at the start of the online process. For this purpose, the so-called eID in the identification document is used—a type of online ID function that can be applied for at the relevant local government office. Here is a link to the Federal Ministry of the Interior’s website.
I then compare the appearance of the parties present with an electronically stored photograph. Once all parties have been clearly identified , I, as the notary, read the deed aloud as usual, and the text of the deed is displayed simultaneously in a separate text window. As with in-person appointments, questions can be clarified and any ambiguities discussed with me as the notary. Once all parties are in agreement, the document is signed with a qualified electronic signature by entering a PIN via a mobile phone (for this, you must have registered once in advance on the website of the Federal Chamber of Notaries).
However, the notary responsible for the online procedure remains the one with a local connection to their jurisdiction. Either the company in question has its registered office in this jurisdiction, or a shareholder or managing director is registered as residing there. Online notarization is always advisable when a party is not on-site, thereby saving a long trip.
What do you need for an online procedure?
You do not need any special IT skills or specific equipment for the online procedure.
You will need:
a) a standard computer with a microphone, audio output, and a camera (minimum resolution of 480p) as well as a stable internet connection
b) Additionally, you’ll need a smartphone with an NFC interface to download the free notary app for the secure transmission of your data. If needed, I’ll of course assist you in selecting and downloading the correct app.
c) A current ID document with eID functionality and an ID PIN.
Using the Notary App, you can then scan the relevant data (eID & photo) from your ID document and transmit it to me, your notary, in encrypted form.
Good to know: Compared to the “traditional” notarial procedure, online notarization and online certification incur additional fees, which amount to a flat rate of €25 for notarizations and €8 for certifications (plus VAT in each case).
You can also find further information on the Federal Chamber of Notaries’ information page.
