For companies with international structures, multiple sites or frequent contract signings, the Online notarisation for businesses It has long been more than just a trend. Legal teams and authorised signatories can use it to avoid a trip to the notary’s office, coordinate appointments more flexibly and often complete notarial procedures within a matter of minutes. But how exactly does the digital approach 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) In this process, a notarial procedure – such as a certification or authentication – is carried out entirely digitally via a video conference with a partner notary’s office. 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 as well as national implementations such as the Austrian Corporate Digitisation Act (GesDigG) and Section 69b in conjunction with Section 79(9) of the Notarial Regulations (NO), which expressly permit notarial certification and authentication via video communication.
How does online notarisation work from a technical point of view?
To ensure that a document certified or authenticated online has the same legal effect as a physical document, it goes through several technically secure steps:
- Identity check before the appointment: Depending on the country, verification is carried out via eID (such as ID Austria), a video identification process carried out by trained staff, or Bankident.
- Video conference with the partner notary’s office: During the interview, the applicant’s identity, legal capacity and the contents of the document are checked.
- Electronic signature (QES): The signatory signs digitally via a certified trust service provider (QTSP). The private signature key is stored securely in a hardware security module; the signature is time-stamped and is cryptographically tamper-proof.
- Certification by a notary: In addition to the QES, the notary’s office adds its own digital notarial signature, including details of the identity, place and time of the certification.
- Publication and verifiability: The final PDF, containing embedded signatures, can be verified for authenticity by any recipient – such as the Companies Register, the Commercial Register or a court – via the EU Trusted List (EUTL). An apostille can also be added if required.
Online notarisation compared with traditional methods
The main difference between the two procedures lies not in the legal outcome, but in the process. The following overview sets out the key differences:
| Criterion | Traditional notarisation | Online notarisation |
|---|---|---|
| Location | Appearing in person at the notary’s office | Via video call from anywhere |
| Time required | Journey time, waiting time – often several hours | Usually just a few minutes per appointment |
| Availability | Fixed opening hours at the notary’s office; appointments can often only be booked weeks in advance | Weekdays, Monday to Friday, from 8.00 am to 8.00 pm CET; outside these hours by arrangement |
| International participants | Complex coordination or powers of attorney required | All participants will take part remotely |
| Handover of documents | Paper form on site | Digital upload via the Notarity web app |
| Legal basis | National law on notarisation; in Austria, for example, Section 79 of the Notarial Code (NO) | The eIDAS Regulation and national implementations such as, for example, GesDigG |
| Evidential value | Notarial deed in paper form | Equivalent to paper form, 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 primarily in speed, flexibility and the effort required of companies operating internationally. The difference is particularly evident when it comes to appointment availability: Whilst the traditional method often involves a waiting period of several weeks, notarity’s partner notaries are available for digital notarial appointments on weekdays from Monday to Friday between 8.00 and 20.00 (CET), which can be crucial, particularly when concluding urgent contracts. Outside these hours, notarity will endeavour to find a suitable partner notary’s office on request.
Frequently Asked Questions about Online Notarisation for Businesses
Is online notarisation legally valid for businesses?
Yes. Documents certified or authenticated online are fully recognised as legally valid in many countries. This is legally underpinned, amongst other things, by the European eIDAS Regulation, which treats qualified electronic signatures as equivalent to handwritten signatures throughout Europe, as well as national implementations. If the documents are to be used abroad, this can be done via the Hague Convention, to which over 125 countries have now acceded, usually need to obtain an apostille as well. At notarity, this can be done directly during your appointment and takes just a few minutes. In cases of doubt – for example, involving very specific legal forms or countries – it is worth checking with notarity in advance.
Which business documents can be notarised online?
The most common uses include powers of attorney, shareholders’ resolutions, certificates of authorisation, statutory declarations and the certification of signatures on contracts. In many cases, the incorporation of companies such as a GmbH or a UG can now also be notarised online.
How safe is this process compared with the traditional method?
The security standards are at least as high as those of the traditional, in-person method. Identity verification takes place in advance, similar to the process used by online banks, via a video identification procedure. In addition, identification documents are requested again during the video appointment. Once electronically signed, the documents themselves are forgery-proof and cannot be altered retrospectively. Via the EU Trusted List (EUTL) Furthermore, every recipient can independently verify the authenticity of the signatures.
How much does the digital approach cost compared with traditional methods?
The notary fees themselves usually vary very little. The financial benefit lies primarily in the elimination of travel costs, travel time and the internal coordination effort required by legal teams, which adds up significantly when certifications are required frequently.
Who stands to benefit most from online notarisation?
Companies with the following characteristics benefit in particular:
- Branches or authorised signatories in several countries
- a regular need for certifications or notarisation
- in-house legal teams looking to reduce the amount of manual scheduling
- Requirement for international apostilles or legalisation
- A desire for a centralised, digital overview of ongoing notarial processes
Conclusion
The digital approach does not replace the traditional method in legal terms, but rather in organisational terms. Both lead to a fully valid outcome, but online notarisation for businesses saves time, simplifies international coordination and significantly reduces the workload on legal teams.
If your company regularly requires notarised documents, it is worth taking a look at Notarity for businesses. We explain step by step how each individual appointment works on our How it works page.