Online Notarisation in Germany — What Is Possible and What Is Not
Do I really have to appear before the notary in person? Since 2022 the answer is: not always. The scope of online notarisation under §§ 16a ff. BeurkG is, however, considerably narrower than many assume.
The legal basis
DiRUG introduced notarial procedures by video communication with effect from 1 August 2022 (§§ 16a ff. BeurkG); DiREG extended the scope from 1 August 2023. Both run exclusively via the video communication system of the Federal Chamber of Notaries (§ 78p BNotO).
What is possible online — and what is not
Available: cash formation of a GmbH/UG, formation powers of attorney, commercial register filings, formation by contribution in kind, unanimous resolutions amending the articles and capital measures. Not available: transfer of shares (§ 15 paras. 3, 4 GmbHG), transformations, procedures involving an AG or partnerships, land purchase agreements, marriage contracts and wills.
No free choice of notary
The online procedure is subject to the district principle (§ 10a para. 3 BNotO): the notary must have their official district at the registered office of the company or at the residence of a corporate representative.
The practical bottleneck
Many notaries' offices do not yet offer the procedure. Added to this is identification under § 16c BeurkG. A mixed procedure under § 16e BeurkG is also possible.
Costs
The electronic record is treated in the same way as a physical one; only a flat-rate disbursement under no. 32016 KV GNotKG is added (EUR 25 or EUR 8). There is no cost advantage.
FAQ
- Can I form a GmbH entirely online?
- The cash formation of a GmbH or UG has been capable of certification by video communication since 1 August 2022 — via the video communication system of the Federal Chamber of Notaries.
- Do all notaries offer online notarisation?
- No. Many notaries' offices do not yet offer the procedure, or offer it only in limited form. Availability should be clarified before scheduling.
- Can GmbH shares be transferred online?
- No. The transfer of shares and the obligation to transfer them (§ 15 paras. 3 and 4 GmbHG) are excluded from the online procedure.
- Does online notarisation also apply to marriage contracts or wills?
- No. The online procedure is confined to cases expressly permitted by statute. Marriage contracts, notarial wills, contracts of inheritance and land purchase agreements are not covered.
- Can I choose the notary freely?
- Not in the online procedure. Under § 10a para. 3 BNotO the notary must have their official district at the registered office of the company or at the residence of a corporate representative.