Notarial Certification – Meaning and Areas of Use
Notarial certification plays an important role in many legal procedures, for example in register filings, powers of attorney or contract documents. At the same time, the question often arises of how it differs from notarisation and when which form is required.
The following overview explains the most important areas of use and differences.
Table of contents
At a glance –
certification and notarisation
A correct understanding of certification and notarisation makes many legal procedures easier. The key differences at a glance:
- Notarial certification: confirms only the authenticity of the signature – quick, simple and inexpensive.
- Notarisation: includes legal advice, examination and binding drafting of the content.
Which form is required depends on the document, for example real estate, precautionary arrangements or company formations. Those who know the requirements early save time and costs and avoid ineffective declarations. This makes it clear when notarial certification is sufficient and when notarisation is required by law.
Notarial certification – what is it?
In Germany, notarial certification has a clearly defined function: it confirms the authenticity of a signature, a mark or a copy. The notary verifies the identity of the signatory and ensures that the declaration actually originates from that person.
The legal basis for certifications is found in sections 39 et seq. of the Notarisation Act (BeurkG). Notarial certification therefore primarily serves security in legal transactions, particularly when documents are intended for public authorities, register courts or banks.
Good to know: the content of the document itself is not examined or legally assessed.
Which elements does the notary certify?
Notaries can carry out three types of certification:
- Certification of a signature: The notary confirms that the signature originates from the person who gave it.
- Certification of a mark: For persons who are unable to write.
- Certification of a copy: The notary confirms that a copy corresponds to the original.
In this way the notary ensures that documents remain traceable in their form and origin and may be used for legal purposes.
Typical documents that require certification by a notary
Notarial certification is frequently required for:
- Commercial register filings
- Register of associations filings
- Powers of attorney (e.g. land register powers of attorney)
- Simple declarations of approval
- Certified copies for submission to public authorities
Further information on the certification of register filings is provided by the Federal Chamber of Notaries.
Does a will have to be certified by a notary?
A handwritten will is valid even without a notary, provided it is written and signed entirely by hand. A notarial will, however, offers considerably greater legal protection, simplifies the settlement of the estate and prevents errors of interpretation. You can find out more under inheritance law.
Tip: In our blog you can find out how to revoke a will and what you should know about living wills from a notary.
What is notarisation?
Notarisation goes beyond merely confirming a signature. The notary examines the content of a legal transaction comprehensively, explains the legal context and makes sure that all parties understand the significance of their declarations. In doing so, the notary drafts the contract text so that it is clear, complete and legally effective.
For which transactions is notarisation mandatory?
Notarisation is mandatory in many areas, particularly for legally far-reaching transactions such as:
- Formation of a GmbH or UG
- Amendments to articles of association
- Prenuptial agreements, inheritance contracts, waivers of the compulsory portion and divorce settlement agreements
- Property purchase agreements, gifts of property
The legal basis for notarisation is found in sections 8 et seq. of the Notarisation Act (BeurkG). They oblige the notary to provide comprehensive advice, to remain impartial and to record all declarations precisely.
The most important differences – notarisation vs. certification
Although both forms of notarial involvement serve legal certainty, they differ fundamentally in content, purpose and legal effect.
Drafting of content vs. formal verification of authenticity
In notarisation, the notary drafts the content, explains the legal background and ensures that the agreements made are complete, clear and legally effective.
In certification, by contrast, the notary confirms only the authenticity of a signature or copy. The content of the document is not examined.
Legal effect of certification
Certification creates no binding effect as to content. It serves solely as proof that a particular person signed or gave the declaration.
Legal effect of notarisation
Notarisation gives a legal transaction legal effect and evidential force. Many contracts are valid only with notarisation. This protective mechanism ensures that no party is uninformed or disadvantaged.
Risks of missing or incorrect form
If a transaction that requires notarisation is merely certified, it is legally ineffective. This applies, for example, to land purchases and to agreements under matrimonial and inheritance law.
Areas of use at a glance – when which form is necessary
Notarial certification and notarisation fulfil different functions and are therefore used in different legal situations.
Cases in which certification is sufficient
Certification is sufficient when the identity of the signatory must be proven and no examination of the content of the document is required. Typical areas of use are:
- Commercial register and register of associations filings
- Powers of attorney, in particular land register powers of attorney
- Simple declarations of approval
- Certified copies for submission to public authorities
Further information on certifications in the register context is provided by the Federal Chamber of Notaries.
Cases requiring notarisation
Notarisation is required by law when far-reaching economic or personal decisions are made. This includes, among other things:
- Purchase or sale of real estate
- Formation, restructuring or transfer of shares in corporations
- Prenuptial agreements and divorce settlement agreements
- Inheritance contracts and waivers of the compulsory portion
- Gifts of property
Further information can be found under real estate law and under family & inheritance law.
What does certification by a notary cost?
The costs of notarial certifications and notarisations are regulated uniformly throughout Germany in the Court and Notary Costs Act (GNotKG). No notary may deviate from it.
Fees for notarial certification
The cost of a certification depends on the specific procedure and is typically:
- from around 30 euros gross for a simple certification of a signature
- from around 30 euros gross for register filings
- additional fees for copies
An overview of the legal basis can be found in the GNotKG.
Cost comparison: notarial certification vs. notarisation
While certifications are inexpensive, the fees for notarisations are based on the transaction value. Examples:
- Property purchase agreements: around 1.0 to 1.5 percent of the purchase price including land register costs
- GmbH/UG formation: usually around 670 euros net
- Prenuptial agreements or inheritance contracts: depending on the value of the assets
Tip: For entries such as changes of ownership or land charges, additional fees are charged by the land registry. Well-prepared documents speed up processing considerably.
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Frequently asked questions about notarial certification and notarisation
Yes, land purchase agreements must be notarised. Without notarisation the contract is ineffective. The notary ensures that all contract contents are correctly worded, understood and implemented in a legally sound manner. He also takes the necessary steps for registration in the land register.
Yes, for the certification of a signature the document must be signed before the notary or the signature must be acknowledged in the notary’s presence. Appearing in person prevents misuse and ensures that the signature actually originates from the person making the declaration. In some cases a signature that has already been given can be acknowledged, but this too requires attendance at the notary’s office.
Yes, provided the foreign identity document is valid and the identity can be clearly established, it is sufficient for notarial certification. The notary checks particularly carefully whether the document is genuine and internationally recognised. In the case of rare identity documents or countries with differing standards, it may be necessary to present additional evidence in order to confirm identity beyond doubt.
In notarial certification, only the authenticity of a signature or copy is confirmed, while the content of the document remains unchanged. In notarisation, by contrast, the notary examines and explains the entire text, ensures that it is understood and documents the legal transaction comprehensively. Notarisation is therefore considerably more involved and is required by law for many legal transactions.
Notarisation is always mandatory when the law expressly provides for it, for example in property transactions, various agreements under family law or contracts under inheritance law. In these cases a simple signature is not sufficient, because legally far-reaching decisions are involved. Notarisation ensures that all parties understand the content and that the contract comes into effect validly.
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Notarial certification in Berlin
Do you need notarial certification for certain documents or declarations? In many cases it is required in order to confirm signatures or copies with legal certainty.
We verify your identity, explain the formal procedure and ensure proper certification. Your documents can then be used reliably before public authorities, courts or contractual partners.
