Notarial online procedures - simplified procedure for citizens

Since August 1, 2022, it has been possible to form a GmbH or a UG and register with the commercial register and other registers online. On August 1, 2023, the legislator extended the scope of the notarial online procedure so that contributions in kind or premiums in kind in the GmbH formation process as well as unanimous shareholder resolutions on capital increases and other amendments to the articles of association can also be adopted in the virtual presence of the notary. The application process for citizens has now been optimized so that the advantages of online procedures can be used even more easily.

The notarial online procedures

If you want to set up a company, you often ask yourself how the founding process actually works. In the past, a face-to-face appointment with a notary was always necessary. Notarial online procedures now make it possible to take and register all necessary decisions purely online, from the initial formation of a GmbH or UG to capital measures and amendments to the articles of association through to liquidation and registration for deletion from the commercial register. A visit to the local notary is of course still possible, but is no longer absolutely necessary. "This not only increases the convenience of carrying out such procedures, but also optimizes efficiency by saving travel time," comments Dr. Milan Bayram, Managing Director of the Bundesnotarkammer.

Improvement of the application route

The application process that citizens have to go through before notarization has been fundamentally revised and optimized. "It is now simpler, more intuitive and clearer and can be accessed via the citizen portal. https://online.notar.de can be started. Extensive explanations are also available there," explains Bayram.

After registering for the first time, which only takes a few minutes, you can access your personal virtual area, where you can quickly contact a notary with your notarization project. "Notaries are only allowed to work in online procedures if the company's registered office or the place of residence of a shareholder or managing director is in their official area," explains Bayram. After providing the essential data, the founders can select the notary from a list that is then displayed. "When filling in the basic data, care should be taken to enter it as carefully as possible in order to avoid delays and additional work in the further foundation process," emphasizes Bayram. 

In the citizen portal, drafts and other documents can be exchanged, appointments can be made or a consultation appointment can be held via video conference. A private chat is also available. Tax advisors or business partners can also be involved in the process. Notarization is essentially carried out in the same way as in the notary's office on site: the deed is read out and explained to the parties involved, any queries are discussed and any changes are immediately incorporated into the document in front of the parties. Once all questions have been clarified and the deed has been approved, it is digitally signed using a qualified electronic signature.

Advantages of online procedures remain unrestricted

Even after the application process has been optimized, the highest requirements for the identification of the parties involved are maintained for digital notarization. For this purpose, the online function of the ID card is used, the data of which is read out via the smartphone and checked for authenticity and freedom from manipulation. In addition, the photo file stored electronically directly on the ID document is also read and compared by the notary at the notarization appointment. All parties involved then "sign" with a qualified electronic signature created individually by entering a TAN, which is a particularly forgery-proof electronic substitute for a traditional signature. Similar to the TAN in online banking, the signature is generated anew each time so that fraudulent multiple use is ruled out.

The data protection requirements are also fully complied with: "The system is operated by the Federal Chamber of Notaries under state administration - and not by private commercial providers. The data is encrypted and stored on servers in Germany," says Bayram. In other countries - including Austria, for example - the requirements for legal security, confidentiality and data protection required under German law are not guaranteed in the same way. Virtual notarizations and certifications from these countries are therefore regularly not recognized by registry courts in Germany. In order to protect yourself from avoidable damage, it is better to avoid such offers.

Once the parties have been successfully identified, notarization in the online procedure takes no longer than at a local notary's office. The creation of the qualified electronic signature takes about as much time as the signature it replaces. It is simple and intuitive to use by entering an individual TAN. "Around 60 to 90 minutes should be allowed for the formation of a classic GmbH. However, the process can take longer for complex structures or long articles of association," says Bayram.

Technical requirements

To use the services, all you need is a smartphone with the notary app, a computer or tablet and a valid ID and photo document with an activated eID function, such as an ID card. For ID documents issued before 02.08.2021, a passport is also required in order to be able to read the photo for reliable identification.

Further information and the starting point for your notarial online procedure can be found at https://online.notar.de. In addition, the new website of the Federal Chamber of Notaries on the formation of GmbHs is also available at https://gmbh-gruenden.notar.de  available.

About the media association of the chambers of notaries

The media association of the chambers of notaries is an association of the professional organizations of the full-time notarial profession. Its members are the Bayerischer Notarverein e.V., the Notarkammer Baden-Württemberg, the Notarkammer Brandenburg, the Hamburgische Notarkammer, the Notarkammer Mecklenburg-Vorpommern, the Notarkammer Koblenz, the Notarkammer Pfalz, the Rheinische Notarkammer, the Notarkammer Sachsen, the Notarkammer Sachsen-Anhalt and the Notarkammer Thüringen. The media network of the chambers of notaries provides information on topics where citizens can expect help from notaries.