Traditional cornerstones of the notarial profession, such as paper-based notarization in the sense of „read out, approved and signed“, are undergoing at least partial change in the course of advancing digitalization. With the „Act on the Implementation of the Digitalization Directive“ (DiRUG) passed last year, notarizations and certifications by means of video conferencing have become possible in some areas of corporate law.
From 01.08.2022 GmbH formation and commercial register applications are possible online
In a first step, as early as August 1, 2022, it will be possible to establish a GmbH or a UG (limited liability company) in a newly created video certification procedure and at the same time to pass the accompanying resolutions (appointing managing directors) or to conclude associated shareholder agreements. The procedure is initially limited to cash incorporations only. In addition, the DiRUG enables online certification of applications to most of the public registers (commercial register, register of cooperatives or partnership register).
Expansion of the scope of video authentications as of 01.08.2023.
With the already adopted „Act to Supplement the Regulations for the Implementation of the Digitization Directive“ (DiREG), the digital possibilities will once again be significantly expanded as of 01.08.2023. From this date, both the online formation of a GmbH with contributions in kind or a premium in kind, as well as the notarization of shareholder resolutions amending the articles of association of the GmbH by video conference will be possible. Finally, applications to the register of associations will also be able to be made online from this date.
Requirements of the video authentication procedure
Online notarization takes place by means of a real-time video conference between the notary and the parties involved on a platform specially created for this purpose by the Federal Chamber of Notaries. The technical requirements for the participants are
– A cell phone with NFC interface,
– a tablet, laptop or desktop PC with microphone, speakers and webcam,
– a fast and stable Internet connection, and
– an app on the cell phone specially developed by the Federal Chamber of Notaries
In order to ensure electronic identification, the parties involved must also have either
– a German personal ID card with eID function (for German nationals)
– an eID card (for nationals of other EU/EEA member states) or
– an electronic residence permit with eID function (for citizens of third countries).
In a second step, the photo stored in a readable electronic official proof of identity with Card Access Number procedure (CAN procedure) is transmitted to the notary and, if the person is not known to him personally anyway, he matches the transmitted photo with the person’s appearance in the video conference.
The notaries brücker & klühs are happy to notarize your corporate law matters in the form of a video conference in the cases permitted by law. You can find more information on the procedure in the video of the Federal Chamber of Notaries. We will gladly initiate the notarization procedure for you and send you a corresponding invitation link.
Do you have any questions or suggestions on this topic? Please do not hesitate to contact my staff or me.