notarizing a Signature: All Important Facts at a Glance

Do you want to notarize a signature but don't know the best way to do it, what to consider, and what costs are involved? We answer the most important questions for you in this article and give an outlook on how beglaubigt.de can simplify the process.

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So, how to get a signature notarized? Official notarizations can be carried out by any local authority that has an official seal (e.g., a citizen's office). Public notary, e.g., for a house purchase or company formation, may only be carried out by notaries. With the new Notarization Act (§69b), even online notarizations from home is now possible - a breakthrough for notarial acts.

In the following paragraphs, we take a closer look at what signature notarization is, who is allowed to carry out notarization, and much more. At the end, we have a secret tip for you that you shouldn't miss!

What is signature notarization?

Let's start with the basics: A signature notarization is an official process in which a notary or another authorized person or authority confirms that a signature on a document was made by the person who claims to have made it.

Die Beglaubigung bescheinigt somit die Echtheit der Unterschrift, nicht jedoch die inhaltliche Richtigkeit oder Rechtmäßigkeit des unterzeichneten Dokuments.

Function and purpose of a signature notarization:

The main function of signature certification is to confirm and document the identity of the signer.

It serves to prevent fraud and forgery in important documents. Notarization is often necessary for legal transactions where it is important to ensure the authenticity of the signing party. This can be the case with contracts, property transfers, corporate transactions, and some government applications.

Legal basis:

In Germany, the Notarization Act (BeurkG) regulates the issuance of notarizations. In particular, §§ 39 and 40 BeurkG address signature certifications:

• § 39 BeurkG states that the signature to be notarized must be executed or acknowledged in the presence of the notary. This means that the signatory either signs directly in front of the notary or acknowledges a previously made signature as their own.
• § 40 BeurkG deals with the content of the notarization. It stipulates that the notarization must include the signature, the notarization mark, the notary's signature, as well as the place and date of the notarization.

Procedure for a signature notarization:

1. Presentation of the document: The person whose signature is to be notarized must present the document to the notary or the competent authority.
2. Identity verification: The notary verifies the identity of the signatory using a valid identification document.
3. Signature execution or acknowledgment: The signatory either signs in the presence of the notary or acknowledges a previously made signature.
4. Notarization note: The notary adds a notarization note containing the elements mentioned above and seals the document.
5. Handover of the notarization document: The notarization document is handed over to the signatory.

Example of a situation where a signature notarization is necessary:

Suppose you want to grant a power of attorney so that another person can sell a property on your behalf. The power of attorney must be notarized to ensure that your signature is genuine and that you actually intend to grant these powers.

In this case, the notary verifies your identity and notarizes your signature on the power of attorney.

Important points about signature notarization:

• The notarization only relates to the signature. The content of the document is not reviewed or confirmed.
• The notarization is only valid in the country where it was issued. For international recognition, an apostille or legalization is usually required.
• Fees apply. These are usually regulated by law and can vary depending on the scope of the document and the required work.

In summary, signature notarization is a formal act that is essential in many legal matters to ensure the authenticity of a signature and thus strengthen trust in legal transactions.

Who can notarize documents and signatures?

First, it is important to distinguish between signature notarization and notarization:

• Signature notarization: Here, it is merely confirmed that the presented signature actually comes from the person concerned. (see: Signature Certification, Notary Signature Certification)
• Notarization: With this form, the entire document, including content and signature, is notarized, thereby confirming its authenticity and accuracy.

In principle, authorities can notarize documents they have issued themselves. This is called official certification. However, there are different persons and entities authorized to notarize, namely so-called notaries. These include:

1. Officials who have issued the document themselves or with whom the document is officially filed.
2. Notaries, who can notarize both signatures and documents.
3. University administrations, especially when it comes to certificates or other academic documents.
4. Specialized notaries, such as notaries of the youth welfare office (according to § 59 SGB VIII).
5. Municipal secretaries as well as officials or employees appointed by mayors.
6. Municipal offices of state-recognized churches, which can notarize certain ecclesiastical documents.

It is always advisable to check in advance with the respective institution or person whether a certification is possible in the specific case, as there may be different requirements and responsibilities depending on the document and purpose.

Which documents can be certified?

In Germany, various documents must be signature certified, especially if they are to be submitted to authorities or for legal proceedings. Signature certification certifies that the signature on the document is actually from the person who has signed it and is not forged. Here is a list of document types for which signature certification may be required:

1. Real estate purchase agreements - Required before notarization.
2. Heritable building right contracts - For entry in the land register.
3. Applications for entry in the commercial register - For example, when founding a GmbH or changing partnership agreements.
4. Powers of attorney - Especially general powers of attorney, healthcare powers of attorney, and bank powers of attorney, if these are to be used at banks or other institutions.
5. Wills - No certification is required for a handwritten will, but notarization is required for a public will.
6. Applications for the issuance of a care order - For submission to the guardianship court.
7. Various applications to authorities - For example, building applications, applications for a permit or license, if these specifically require a signature-certified form.
8. Declarations to land registry offices - Such as declarations of conveyance.
9. Certain declarations in the register of associations - Such as signatures of board members when founding or changing.
10. Partnership agreements of legal entities - When submitted for entry in the commercial register.
11. Applications to the register of associations - Signatures of founding members must be certified.
12. Consent declarations - For example, parents' consent when applying for a child passport.
    
    
    Managing director contract
13. Loan contract
14. Report cards/academic transcripts - For international recognition and for university applications.

Procedure for official regular certification of a signature

If a citizen needs to submit an officially certified copy of a document, for example to a public administration or a provider of public services, the following steps must be observed:

1. Template of the Original: The citizen must go to a competent authority with the original document.
2. Examination and Acceptance: A public official authorized to do so will examine and accept the original.
3. Certification Note: According to § 33 Abs. 3 VwVfG, the official adds a certification note to the copy of the document. (For specific content, you can also consult the mentioned law text).
4. Handling Multi-page Documents: For multi-page documents, it is not necessary to add a certification note to each page separately. It is sufficient if only one page bears the note and the official's signature. However, in such cases, all the pages of the document must be fan-folded together and connected. The official seal is then affixed in such a manner that part of the imprint is visible on each page. This ensures that no additional pages can be added or removed without damaging the seal.

This process ensures the authenticity of the copy compared to the presented original. It is recommended to check with the competent authority in advance to see if there are any additional requirements or special features for the certification process.

Legal Bases for Signature Certification

• § 34 State Administrative Procedure Act (LVwVfG) (Certification of Signatures) (Link)
• § 129 Civil Code (BGB) (Public Certification) (Link)
• § 40 Authentication Act (BeurkG) (Certification of a Signature) (Link)
• Law on Costs of Voluntary Jurisdiction for Courts and Notaries (Court and Notary Costs Act) (Link)

How Does Signature Certification Work?

For a signature to be considered certified, it must be performed in the presence of a notary or the competent consular officer, or a Signature Certification can be requested directly from us. Only then can the notary or consular officer confirm the authenticity of the signature.

Thus, it is not about the validity of the signature, but about confirming that the stated person is indeed the person signing the document. This can only be done in the presence of a notary or a consular officer. But can only the notary notarize? More information can be found in the next paragraph!

Can the Post Office notarize Signatures?

At the post office, you can have your ID certified, but not a signature for contracts or incorporations. For example, if you want to open a new account with an online bank, you can bring the documents and your ID to the post office for certification. You need to follow these steps:

1. Bring all documents that need to be certified and your ID to the post office.
2. The responsible employee will then make a copy of the documents and your ID and verify the authenticity of the ID.
3. Next, your documents will be certified with your signature.
4. Finally, all documents will be placed in an envelope and sent to the company or institution that requires them. This can be, for example, an online bank where you want to request a new credit card.

How much does a certified signature cost at the notary?

The costs for a certified signature at the notary in Germany are governed by the Court and Notary Fees Act (GNotKG). The fees depend on the business value—i.e., the value of the legal transaction being certified with the signature.

If it is a simple signature certification without reference to a specific business value, a minimum value is often set. In this case, it is common for notaries to use a standard business value of 500 euros, which represents the lowest value level for the fee calculation. Based on this, a fixed fee is determined.

Read more here: Notary Signature Certification Costs

Example of the costs for a certified signature:

Business value: 500 euros

• Notary fee for certification: According to the GNotKG cost directory (KV), a 1/10 fee applies for certification of a signature without notarizing a contract. Suppose the 1/10 fee is 20 euros.
• Expenses and VAT: In addition to this fee, there are expenses such as postage or copies and the legal VAT. The expenses can amount to around 10 to 20 euros, and the VAT is 19% on the total of fees and expenses.

Calculation:

• Notary fee: 20 euros
• Expenses (assumed): 10 euros
• Subtotal: 30 euros
• VAT (19% of 30 euros): 5.70 euros
• Total costs: 35.70 euros

It should be noted that the actual costs may vary, and it is always advisable to ask the chosen notary in advance. Some notaries also offer a cost estimate so that you know the exact costs before commissioning.

When using signature certification, waiting times and bureaucratic hurdles can be an obstacle. The online service beglaubigt.de provides a remedy by simplifying and speeding up the process of finding an appointment for certification.

Fast and efficient appointment scheduling:

beglaubigt.de has a network of notaries ready to provide certifications on short notice. Through this online service, users can quickly get a notary appointment without dealing with the usual long waiting times. Here's how it works:

1. Request: Customers submit a request for a signature certification via the beglaubigt.de platform.
2. Data check: The entered data and requirements are quickly reviewed to ensure that all necessary information for the notary appointment is available.
3. Appointment scheduling: beglaubigt.de finds a notary through its network who can offer timely appointments. This allows customers to fulfill their certification request efficiently and without long waiting periods.
4. Preparation: The service ensures that all required documents for certification are prepared, ensuring a smooth process at the notary appointment.

Support throughout the entire process:

beglaubigt.de not only supports the appointment scheduling but also the entire certification process:

• Consultation: Customers can benefit from expert advice that helps them compile and prepare all necessary documents correctly.
• Transparent costs: beglaubigt.de offers a transparent cost overview so that customers are not surprised by hidden fees.
• Follow-up: After the notary appointment, beglaubigt.de ensures that the certified documents reach the customers quickly and securely.

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Dabei fallen nicht nur die direkten Kosten für den Notar an, sondern auch zusätzliche Ausgaben wie Fahrtkosten oder sogar Verdienstausfälle, wenn man sich für den Gang zum Notar freinehmen muss. In manchen Fällen können sich diese Kosten rasch auf mehrere 100€ summieren.

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3. Time-saving: No waiting times or appointments. You can notarize your signature at any time of the day or night.
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5. Legal Compliance: Despite the digital process, we guarantee that our certification procedures meet legal requirements.

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