Explainer
Notarial certification vs notarial deed: the difference explained
Published
Many people treat the terms notarial certification and notarial deed as if they meant the same thing, even though they have completely different areas of application. Both are among the core tasks of notaries, but they serve different purposes. A notarial certification primarily confirms the authenticity of a signature or document, whereas a notarial deed serves to secure a legal transaction in legal terms and thereby give it legal effect.
1. Notarial certification – confirming authenticity
A notarial certification means that a notary confirms the authenticity of a signature or a document. The notary checks whether the signature really comes from the person named or whether a copy matches the original. The content of the document, however, is not checked.
The legal basis for notarial certification is Section 79 of the Austrian Notaries Act (Notariatsordnung, NO). It provides that a notary may certify the authenticity of an (electronic) signature if it was made or acknowledged in the notary’s presence.
Typical use cases for certifying the authenticity of a signature or producing a certified copy of an original document include:
- certifying a signature for an application to the company register,
- certifying a power of attorney, or
- producing a certified copy of an identity card or a certificate.
A notarial certification therefore primarily serves to verify identity and increases the evidential value of documents.
2. Notarial deed – securing the entire legal transaction
A notarial deed goes much further. Here, it is not just a signature that is confirmed: the entire content of a legal transaction is captured, legally reviewed and set down in a notarial instrument.
The notary is obliged to advise the parties on the legal implications, examine the facts and set them down in a record, which is then read out to the parties and approved by them.
Typical cases include the formation of a GmbH, the conclusion of a property purchase agreement, marriage or inheritance contracts and other agreements for which the law expressly requires the form of a notarial deed.
3. The key differences at a glance
A direct comparison makes the difference tangible:
| Feature | Notarial certification | Notarial deed |
|---|---|---|
| Subject | Confirming the authenticity of a signature or copy | Complete legal recording of a legal transaction |
| What the notary checks | Identity and signature | Legal advice, review and written record |
| Legal basis | Section 79 NO | Section 76 NO |
| Form of the document | Certification note | Notarial deed |
| Typical use | Company register applications, powers of attorney, certified copies | Company formations, property transactions, marriage contracts |
4. When is a notarial certification enough, and when do you need a notarial deed?
Whether a certification is enough or a notarial deed is required depends on the legal significance of the transaction. For many administrative processes – such as an application to the company register or presenting a power of attorney – a simple certification of the authenticity of the signature is sufficient.
However, as soon as a complex legal transaction with far-reaching consequences is concluded, the law requires a notarial deed. For example, a GmbH can only be formed by notarial deed, and the same applies to buying real estate or entering into certain family law contracts. The reason behind this is protection against hasty decisions, which is meant to ensure that no party makes legally binding declarations prematurely and without adequate advice.
5. Conclusion
A notarial certification is a lean procedure that mainly confirms the authenticity of a signature or copy. A notarial deed, on the other hand, offers comprehensive legal protection, as the entire content of the contract is reviewed and explained by the notary and recorded in a notarial deed.
In practice, this means that anyone who simply needs a signature confirmed can now often do so quickly and digitally – for example via platforms such as notarity. When it comes to legal transactions with far-reaching legal consequences, however, the notarial deed remains indispensable.
