Explainer
FAQ: Online notarisation for businesses vs. traditional methods
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For companies with international structures, multiple locations or frequent contract signings, online notarisation for businesses has long been more than a trend. Legal teams and authorised signatories can avoid the trip to the notary’s office, schedule appointments more flexibly and often complete notarial procedures within a few minutes. But how exactly does the digital route differ from the traditional process, and what should companies bear in mind? In this article, we answer the most important questions.
What exactly is online notarisation for businesses?
In this process, also known internationally as remote online notarisation (RON), a notarial procedure, such as a certification or a notarial deed, is carried out entirely digitally via a video conference with a partner notary. Authorised signatories upload their documents via a platform such as notarity, verify their identity digitally and sign electronically during the video appointment. The document is then provided with a qualified electronic signature (QES) and is legally equivalent to a traditionally certified document.
This is made legally possible by the European eIDAS Regulation and national implementing legislation such as the Austrian Company Law Digitalisation Act (GesDigG) and Section 69b in conjunction with Section 79 (9) of the Notarial Code (NO), which expressly permit notarial deeds and certifications via video communication.
How does online notarisation work technically?
To ensure that a document certified or notarised online has the same legal effect as a physical one, it goes through several technically secured steps:
- Identity check before the appointment: Depending on the country, identity is verified via eID (such as ID Austria), a video identification procedure with trained staff, or bank-based identification (Bankident).
- Video conference with the partner notary: During the call, the notary checks the person’s identity, legal capacity and the content of the document.
- Electronic signature (QES): The signatory signs digitally via a qualified trust service provider (QTSP). The private signature key is stored securely in a hardware security module; the signature is time-stamped and cryptographically tamper-proof.
- Certification by the notary: In addition to the QES, the notary adds their own digital notarial signature with details of the identity, place and time of the certification.
- Issue and verifiability: Any recipient, such as the company register, the commercial register or a court, can verify the authenticity of the final PDF with its embedded signatures via the EU Trusted List (EUTL). An apostille can also be added if required.
Online notarisation compared with traditional methods
The biggest difference between the two procedures lies not in the legal outcome but in the process. The following overview shows the key differences:
| Criterion | Traditional notarisation | Online notarisation |
|---|---|---|
| Location | Appearing in person at the notary’s office | Via video call from anywhere |
| Time required | Travel and waiting time, often several hours | Usually just a few minutes per appointment |
| Availability | Fixed opening hours at the notary’s office; appointments often only available weeks in advance | Weekdays, Monday to Friday, from 8 am to 8 pm CET; outside these hours on request |
| International participants | Complex coordination or powers of attorney required | All participants take part remotely |
| Handover of documents | On paper, on site | Digital upload via the notarity web app |
| Legal basis | National notarial law, in Austria e.g. Section 79 NO | eIDAS Regulation and national implementing legislation such as GesDigG |
| Evidential value | Notarial instrument on paper | Equivalent to paper, recognised throughout Europe under eIDAS |
| Legal validity | Fully valid | Fully valid |
| Costs | Notary fees plus travel and time costs | Notary fees |
Both procedures therefore lead to the same legally valid result. The difference lies mainly in speed, flexibility and the effort required for internationally active companies. The difference is particularly clear when it comes to appointment availability: whereas the traditional route often involves waiting several weeks, partner notaries on notarity are available for digital notary appointments on weekdays, Monday to Friday, between 8 am and 8 pm (CET), which can be crucial for urgent contracts. Outside these hours, notarity will try to find a suitable partner notary on request.
Frequently asked questions about online notarisation for businesses
Is online notarisation legally valid for businesses?
Yes. Documents notarised or certified online are fully recognised as legally valid in many countries. This is underpinned by, among other things, the European eIDAS Regulation, which gives qualified electronic signatures the same status as handwritten signatures throughout Europe, and by national implementing legislation. If the documents are to be used abroad, an apostille can usually also be obtained under the Hague Convention, which more than 125 countries have now joined. On notarity, this can be done directly as part of the appointment and only takes a few minutes. In cases of doubt, for example with very specific legal forms or countries, it is worth checking briefly with notarity in advance.
Which business documents can be notarised online?
The most common use cases include powers of attorney, shareholder resolutions, proof of representation, statutory declarations and signature certifications for contracts. In many cases, the formation of companies such as a GmbH or UG can now also be notarised online.
How secure is the process compared with the traditional method?
The security standards are at least as high as with the traditional, in-person route. Identity is verified in advance via a video identification procedure, similar to opening an account with an online bank. ID documents are also checked again during the video appointment. Once electronically signed, the documents are tamper-proof and cannot be altered afterwards. Every recipient can also independently verify the authenticity of the signatures via the EU Trusted List (EUTL).
How much does the digital route cost compared with traditional methods?
The notary fees themselves usually differ very little. The financial benefit lies mainly in eliminating travel costs, travel time and internal coordination effort for legal teams, which adds up significantly when certifications are needed frequently.
Who benefits most from online notarisation?
Companies benefit in particular if they have:
- locations or authorised signatories in several countries
- a regular need for certifications or notarial deeds
- in-house legal teams that want to reduce manual scheduling
- a need for international apostilles or legalisations
- a wish for a central, digital overview of ongoing notarial processes
Conclusion
The digital route replaces the traditional method not in legal terms but in organisational terms. Both lead to a fully valid result, but online notarisation for businesses saves time, simplifies international coordination and noticeably reduces the workload for legal teams.
If your company regularly needs notarial certifications, it is worth taking a look at notarity for businesses. We explain step by step how an individual appointment works on our How it works page.
