Certifying a power of attorney (PoA) online can speed up business processes by several weeks. herewe explain what a power of attorney is and what it is needed for. Since powers of attorney are usually used when the grantor cannot or does not want to be physically present, it makes a strong case for establishing a power of attorney online. In this article we explain the advantages of an online certification of a power of attorney and how this online certification works.
Advantages of an online PoA
The online certification of a power of attorney has great advantages for both the grantor of the power of attorney and for legal advisors. In order to better understand these advantages, the process of issuing a power of attorney is briefly outlined in sample cases.
Without notarity: A person in South Korea ("John") wants to establish a GmbH (Private Limited Company) in Austria. John does not want to fly to Austria to establish the company. Therefore, John decides to issue a power of attorney to his lawyer for the formation of a GmbH (Private Limited Company). Such a power of attorney must be notarized. As a result, John makes an appointment with a notary in South Korea and waits one week for this appointment. After his signature on the power of attorney has been notarized, John makes an appointment with the Austrian embassy in Seoul. He receives an appointment in 3 weeks and goes to the embassy to have the notarized power of attorney apostilled. Afterwards, he sends the notarized and apostilled power of attorney by mail to Austria. Six weeks later the GmbH (Private Limited Company) can be incorporated.
With notarity: John's lawyer is an innovative legal advisor who values an innovative service that saves her clients time & money. She therefore suggests John to have the power of attorney digitally certified via notarity. She books a digital appointment for the certification of a power of attorney with a partner notary of notarity. John connects with the partner notary on notarity in a video call. The certification of the power of attorney is done in one minute. The digital original is available shortly after the appointment and the GmbH (Private Limited Company) can be established in Austria.
Here you can easily book an appointment to certify a power of attorney
Online certified power of attorney for use in Germany
An online procedure for establishing a digital power of attorney with German notaries is currently not permitted by law.
However, powers of attorney for use in Germany can be certified online with notaries from Austria. There is a bilateral agreementbetween Germany and Austria. According to it, notarized documents are exempt from any further proof of authenticity. We know of many cases where online certified powers of attorney have been accepted for use with German notaries. However, there are still some notary offices in Germany that are not familiar with the procedure and have reservations. Therefore, we would like to encourage you to discuss the use of an online certified power of attorney with the German notary beforehand. In this context, it can be pointed out that this is an online presence procedure which the german law will be familiar with from 1.8.2022 on.