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The online notarization

The GmbH can be founded online since August 1st, 2022. For the notarization, you no longer have to go to the notary's offices. Below we explain what needs to be taken into account when notarizing online:

1. When online notarization is possible

So far, according to the law, only individual notarization transactions are possible online. These include

  • UG and GmbH formations, provided no contributions in kind are provided (Section 2 Para. 3 GmbHG)

  • Video certification of registrations for the commercial, partnership and cooperative register (§ 12 para. 1 p. 2 HGB, § 15 7 GenG).

Notaries are generally obliged to carry out online notarization upon request, provided this is legally permissible for the document transaction in question and they are locally responsible. An exception exists if the notary believes that he cannot guarantee the fulfillment of his official duties through online notarization due to certain circumstances. In particular if he  has doubts about the legal capacity of a person involved (Section 16a Para. 2 BeurukG).

2. Requirements

For online certification you need an electronic proof of identity (§ 18 of the Identity Card Act), i.e. a German ID card with online identification function or an eID card for EU citizens. People who do not have European citizenship can identify themselves using an electronic residence permit.

3. Process of the online notarization

The online certification takes place in a video conference using a video communication system operated by the Federal Chamber of Notaries. This can be used via the Internet or via a free notary app on your smartphone. Prior registration is required. During online notarization, an electronic record is ultimately recorded. Upon request, the electronic transcript will be sent electronically to those involved for review at the end. The electronic record is then provided with qualified electronic signatures that replace the signatures normally provided. The resulting electronic document (Section 45 Para. 3 BeurkG) is uploaded as an original by the notary into the electronic document collection.


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