Notarisation (notarielle Beurkundung)
Also: notarielle Beurkundung, Beurkundung, Beglaubigung, notarial certification, online notarisation
In short
In notarisation, the text is read aloud in the presence of the notary, the notary explains its legal implications, and the parties approve and sign the record. In certification, the notary only confirms that the signature is genuine.
Notarisation (notarielle Beurkundung) explained
Documents that must be notarised include the articles of association of a GmbH or UG and the model protocol (Sec. 2 (1) GmbHG), amendments to the articles (Sec. 53 (3) GmbHG) and the assignment of shares. Applications to the commercial register must be publicly certified (Sec. 12 (1) HGB, Sec. 129 BGB), for example for an OHG and KG; the eGbR is also registered with a certified signature. Since 1 August 2022, formation has also been possible by video conference via the Federal Chamber of Notaries' system (Sec. 2 (3) GmbHG). For this you need an ID card with the online function; the fees are the same as in person, plus a flat fee of €25. You choose the notary freely; however, a notary should only notarise by video if, for example, the company's registered office or a managing director's place of residence is within their official area, i.e. the district of their local court (Sec. 10a (1) to (3) BNotO).
