Certification (“Beglaubigung”) and notarisation (“Beurkundung”) differ in the scope of notarial activity. In the case of a certification, we merely confirm that you have identified yourself to us and personally signed a document (certification of a signature – “Unterschriftsbeglaubigung”) or that we have seen the original of a document (certification of copies). When a document is certified, we do not check the content of the document unless we have prepared the draft ourselves. In case of a notarisation, we usually prepare the draft document, explain the possible risks of the legal transaction and read out the document as part of the notarisation.

The law stipulates when notarisation or certification is required. In some cases, there is also a right to choose.

We need your personal details (name, date of birth, address) and contact information (e-mail, telephone number). The other information and documents required for the preparation depend on the individual matter and we will provide that information individually. 

This also depends on the individual case. When preparing wills and inheritance contracts as well as notarisations relating to Family Law (prenuptial agreements, divorce agreements, adoptions), we consider this to be useful. In real estate and company law matters as well as certifications, this is usually not necessary, and we can clarify questions by telephone or e-mail. However, there are exceptions to this rule and we will consult with you on an individual basis.

The time required depends on the content of the planned notarisation or certification. It is relevant whether a prior meeting is required, the legal complexity of the matter and whether statutory waiting periods has to be complied with before notarisation. There may also be a need for coordination with your lawyer or tax advisors. In general, certifications are possible at short notice, whereas the preparation of notarisations is more time-consuming.

Please feel free to contact us by email or telephone and we will agree on the next steps and timing. 

The majority of documents drawn up in a notary’s office are notarised or certified in German. However, documents can also be drawn up in foreign languages. As most of these documents are intended for submission to German authorities or courts, it usually makes more sense to prepare them in German. If you assume that your knowledge of German is not sufficient to understand the draft document or the notarisation, please let us know at an early stage. We will then discuss what measures need to be taken. Please note that the notary may not be able to carry out the notarisation as planned if relevant language barriers only become apparent during the notarisation appointment.

At present, online notarisations and online certifications are only permissible in specific cases. This refers to company law issues and register applications. Notarisations for the formation of a GmbH or UG (haftungsbeschränkt), for a unanimous shareholder resolution/amendment to the articles of an association, capital measures and certifications in the context of applications to the commercial register, register of cooperatives, partnership register and register of associations are among the matters that may be carried out online. 

Only the official video communication system of the Federal Chamber of Notaries (“Bundesnotarkammer” – BNotK) is used for this purpose. To participate, you must have a valid ID card with ID card PIN and, depending on the date of issue of your ID card, also a passport. Further information on the online procedure can be found on the portal of the Federal Chamber of Notaries at https://online.notar.de/en/.

In all other cases, the law stipulates that notarisation or certification is only possible in person at the notary’s office. This applies, for example, to all notarisations in connection with real estate, inheritance matters and family law. However, we can carry out preparatory activities such as prior discussions online on request. Depending on the case, it may also be possible for you to be represented by another person at the notarisation appointment or certification appointment. We will be happy to provide further information if required.

This is possible. The only relevant factor for notarial competence is that the notarisation or certification itself takes place in the notary’s official area (“Amtsbereich”). Special rules apply to online procedures possible in the area of company law and for register applications (§ 10a BNotO). In this respect, Berlin notaries only have competence if either the company has its registered office in Berlin, in the case of foreign companies if there is a branch office in Berlin or if the company’s representative or shareholder has a place of residence in Berlin.

A money laundering check is required for many notarised legal transactions under the Money Laundering Act (“Geldwäschegesetz” – GWG). This applies in particular to real estate law, and corporate law transactions. The notary’s obligations to carry out checks include the identification of the involved parties and beneficial owners of the respective legal transaction and a so-called risk assessment for the legal transaction.

Notary fees are standardised nationwide in the German Court and Notary Fees Act (“Gerichts- und Notarkostengesetz” – GNotKG) and are therefore charged in the same way by all notaries in Germany. The notary fees are based on the value of the transaction (so-called transaction value – “Geschäftswert”) and will therefore depend on the specific matter. You can find sample calculations of notarial costs on the website of the Federal Chamber of Notaries (“Bundesnotarkammer” – BNotK) at https://www.notar.de/themen/notarkosten/beispiele (German only). Of course, we will be happy to provide information in advance about the costs incurred in your case. Please do not hesitate to contact us.