Many people use the terms Signature Notarization and notarisation are the same, although they have completely different areas of application. Although both services are among the core tasks of notaries, they pursue different objectives. While the primary purpose of notarisation is the Authenticity of a signature or document confirmed the notarial authentication serves to establish a Legal transaction legally in order to establish legal effects.
1. authentication - confirmation of authenticity
One Signature Notarization means that a notary confirms the authenticity of a signature or deed. The notary checks whether the signature actually comes from the person stated or whether a copy matches the original. However, the content of the document is not checked.
The legal basis for notarisation can be found in Section 79 of the Notarial Code (NO). This stipulates that the notary may certify the authenticity of an (electronic) signature if it was made or recognised in his presence.
Typical applications of certifications of the authenticity of a signature or the production of a certified copy of an original document are, for example:
- the authentication of a Signature for a company register or commercial register application,
- the authentication of a Power of Attorneyor
- the preparation of a notarised Copy an identity card or certificate
Notarisation therefore primarily serves to Identity protection and increases the Probative value of documents.
2. notarisation - securing the entire legal transaction
The notarisation goes much further. Here, not only a signature is confirmed, but the entire Content of a legal transaction recorded, legally examined and recorded in a notarised deed.
The notary has the duty to legally instruct the parties involved, examine the facts of the case and draw them up in a record, which is then read out to the parties involved and approved by them.
Typical cases include Formation of a GmbHthe conclusion of a Property purchase agreement, Marriage or inheritance contracts as well as other agreements for which the legislator expressly requires the form of a notarised deed.
3. the most important differences at a glance
A direct comparison helps to make the difference tangible:
| Feature | Signature Notarization | Notarisation |
| Object | Confirmation of the authenticity of a signature or copy | Complete legal recording of a legal transaction |
| Examination by notary | Identity and signature | Legal instruction, examination and minutes |
| Legal basis | § 79 NO | § 76 NO |
| Form of the certificate | Notarisation note | Notarial deed |
| Typical application | Company register registration, powers of attorney, certified copies | Company formations, real estate transactions, marriage contracts |
4 When is a notarisation sufficient, when do you need a notarisation?
Whether certification is sufficient or notarisation is required depends on the legal significance of the transaction. For many Administrative processes - For example, registration in the commercial register or submission of a power of attorney - simple certification of the authenticity of the signature is sufficient.
However, as soon as a complex legal transaction The law requires notarisation for all contracts with far-reaching consequences. For example, the formation of a GmbH is only possible with a notarised deed, as is the purchase of real estate or the establishment of certain family law contracts. The background to this is the protection against precipitation, which is intended to ensure in legal transactions that a party does not make legally binding declarations prematurely and without sufficient instruction.
5. conclusion
The Signature Notarization is a lean procedure that primarily confirms the authenticity of a signature or copy. The notarisation The notarial deed, on the other hand, offers comprehensive legal protection, as the entire content of the contract is examined and explained by the notary and recorded in a notarial deed.
In practice, this means that anyone who simply wants to have a signature confirmed can now often do so quickly and digitally via platforms such as notarity - can be completed. However, when it comes to legal transactions with far-reaching legal consequences, notarisation remains indispensable.
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