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Certifications in Germany: Your Comprehensive Guide for 2024
Are you facing the challenge of getting documents notarised and unsure of which type of certification you need? The world of certifications can be complex, especially when it comes to official matters. To ensure your documents are legally compliant, it's important to understand the differences between public and official notarisation. Learn more about our services in certified translations and proofreading on our /contact page.
The topic briefly and concisely
The correct certification of documents is crucial for legal certainty and validity in legal transactions. Incorrect certifications can lead to contract invalidity and delays.
There are different types of certifications (official and public) with different responsibilities. The choice of the right type of certification depends on the purpose and the requirements of the institution.
For the use of German documents abroad, an apostille or legalisation is often required. The advent of digitalisation is creating new possibilities for electronic certification, but it must meet high security standards.
Do you need a certification for your documents? Find out what types of certifications exist, who is authorized to carry them out, and what to watch out for to avoid mistakes. Get informed now!
What is an attestation?
An attestation is the official confirmation of the authenticity of a signature or the conformity of a copy with the original. It serves to ensure legal certainty and evidential value in legal transactions. Whether for authorities, courts, or international matters – a correct attestation is often essential. The Wikipedia page on attestation provides an initial overview of the topic.
Types of attestation in Germany
In Germany, a distinction is made between two main types of attestation: public attestation and official attestation. Both types have their specific areas of application and are carried out by different authorities. The choice of the right type of attestation depends on the intended use and the requirements of the institution where the document has to be presented.
Public attestation by notaries
Public attestation is conducted exclusively by notaries. It includes the attestation of signatures as well as copies. Notaries confirm the authenticity of the signature and the identity of the signer, but do not check the content of the document. The attestation of blank signatures is also possible. For example, for registration in the land register, publicly attested documents are required, as explained in the Bavaria portal.
Official attestation by authorities
Official attestation is carried out by authorities and is regulated in the Administrative Procedure Laws (VwVfG) of the federal states and in the Social Code (SGB X). Which authorities are authorised for official attestation is determined by state law, which can lead to differences between the federal states. In general, these are authorities that have an official seal, such as citizens' offices or district offices. The Medical District Association of Upper Bavaria (ÄBO) offers free official attestations for members, for example.
Notarielle Beglaubigungen: Ensure your contracts and register entries
Scope of Notarial Certification
Notarial certification is an important component of the German legal system. It offers a high level of security and evidential value, as notaries act as independent and impartial legal professionals. In the context of signature certification, the notary confirms the authenticity of the signature and the identity of the signer. This is particularly important for contracts and other legally relevant documents. Mentoc offers certified translations, which often need to be notarised to be recognised in an international context.
Signature Certification in Detail
During signature certification, the notary verifies the signer's identity through a valid identification document. They confirm that the signature was made by the person in question. The content of the document is not examined. This means that even blank signatures can be certified, which may be relevant for powers of attorney or approvals. Notarial certification thus represents an important step to increase legal certainty in business transactions.
Certification of Copies by Notaries
In addition to signature certification, notaries also offer certification of copies. This confirms that a copy of a document matches the original. This is particularly important when original documents are not to be handed over, but a certified proof is still required. Notarial certification of copies is necessary, for example, when submitting certificates, diplomas, or other important documents. Mentoc also provides certified translations of documents that have previously been notarised to confirm their authenticity.
Significance in Legal Transactions
Notarial certification plays a central role in various areas of legal transactions. It is, for instance, required for the submission of documents to the commercial register or the land registry. Without notarial certification, certain entries cannot be made, which can lead to significant delays and problems.
Commercial Register and Electronic Submissions
For electronic submissions to the commercial register, a publicly certified form is required. This means that the documents must be certified by a notary before they can be submitted electronically. Notarial certification serves to confirm the authenticity of the documents and the identity of the submitting person. Without this certification, the documents cannot be entered into the commercial register.
Land Registry and Entries
For entries in the land registry, publicly certified documents are also required. This ensures that the entries in the land registry are consistent with the actual ownership conditions. Exceptions apply only for official application submissions. Notarial certification is thus an important step to guarantee legal certainty in real estate transactions. Without the required certification, contracts can become invalid and land registry entries cannot be made.
Official Certifications: How to Use Authorities for Your Documents
Jurisdiction and Powers
The official certification is an important service offered by authorities to confirm the authenticity of documents. Unlike public certification by notaries, who have more extensive legal powers, official certification focuses on verifying the conformity of copies with originals and the authenticity of signatures for specific purposes. However, the jurisdiction and powers of the authorities are not regulated uniformly across the country, which can lead to differences between federal states.
State Law Regulations
Which authorities are authorised for official certification is determined by state law. This leads to inconsistencies between the federal states. In some states, for instance, citizen offices and municipal administrations are authorised to certify copies, while in other states, only certain offices or notaries may carry out this task. Therefore, it is important to find out in advance which authority is responsible for the desired certification in your state.
Bavarian Regulations (BayVwVfG Art. 33)
In Bavaria, the regulations for official certification are set out in the Bavarian Administrative Procedures Act (BayVwVfG Art. 33). According to this, authorities may certify copies of documents they have issued themselves. Moreover, certain authorities may also certify copies of foreign documents if they are intended for an authority. However, this does not apply if certification is exclusively reserved for other entities, particularly for official registers and archives. The legal basis in the BayVwVfG provides clarity over the powers.
Process of Official Certification
The process of an official certification is generally straightforward but requires adherence to certain conditions. It is important to inform oneself in advance about the specific requirements of the respective authority to avoid delays or rejections.
Requirements for Certification
For official certification, the original must generally be presented. The authority must be convinced that the copy conforms with the original. Additionally, there should be no suspicion of any alteration to the original content, such as gaps or deletions. The authority can refuse certification if there are doubts about the authenticity or integrity of the document. The city of Augsburg provides information on its website about the requirements for certifications.
Certification Note and Its Components
The official certification is documented by a certification note, placed on the copy. This note must contain certain details, such as the precise designation of the document, confirmation of the conformity of the copy with the original, the purpose of certification, the place and date of certification, the signature of the responsible official, and the official seal of the authority. The certification note serves as proof of the authenticity of the certification and is an important element for the recognition of the document in legal transactions.
Special Cases: How to Handle Civil Status Certificates and Attorney Certifications
Civil Status Certificates
Civil status certificates, such as birth, marriage, or death certificates, hold a special position in the field of authentication. These documents are subject to specific responsibilities and procedures that differ from the general rules. It is important to be aware of these peculiarities to avoid errors and to ensure the necessary certifications are obtained correctly.
Responsibility of the Civil Registry Offices
The civil registry offices are primarily responsible for issuing and certifying civil status certificates. This means that birth, marriage, and death certificates can generally only be issued and certified by the civil registry office of the locality where the event took place. Although notaries can certify copies of civil status certificates, these do not have the same evidential value as the original documents of the civil registry office. The city of Munich offers an overview of certifications on its website, including responsibilities.
Certification by Lawyers
Certification by lawyers is also subject to certain restrictions. Not every certification by a lawyer is automatically recognized by the state.
Limited Authority of Lawyers
Lawyers can certify copies of documents for serving them in a court proceeding. However, this certification is merely for the purpose of service and is not a state-recognized certification in the true sense. For other purposes, such as submission to authorities or use in international legal transactions, certification by a notary or a competent authority is required. Therefore, it is important to inquire in advance about the type of certification required for the respective purpose.
Documents for Use Abroad
The use of German documents abroad often requires additional certification that goes beyond simple official or notarial certification. This is where legalisation and apostille come into play.
Legalisation and Apostille: Making Your Documents Valid Internationally
Legalisation and apostille are procedures used to confirm the authenticity of documents for use abroad. An apostille is a simplified form of legalisation used in the countries of the Hague Convention. It is issued by a designated authority of the issuing state and confirms the authenticity of the signature, the capacity in which the signer has acted, and if applicable, the authenticity of the seal or stamp with which the document is furnished. For countries not party to the Hague Convention, legalisation through the diplomatic or consular mission of the respective country is generally required. The Foreign Office provides detailed information on this topic.
Certifications in Everyday Life: Use examples for pension applications and more
Certification for Pension Purposes
The certification of documents for pension purposes is a common application in everyday life. Many people require certified copies of their identification documents, birth certificates, or other proofs to submit their pension application. There are some specific points to consider to ensure the process runs smoothly.
Free Certification in Augsburg
In some cities, such as Augsburg, document certification for recognition procedures as an emigrant and resettler, as well as for pension purposes, is free of charge. This is a special service provided by the city to support residents in applying for their pensions. It is advisable to check with the relevant authority in advance to find out whether free certification for pension purposes is also offered in your city. The city of Augsburg provides information on its website about the fees for certifications.
Certification for Driving Licence Applications
Certified copies of identification documents or other proofs are often needed for driving licence applications. The specific requirements may vary depending on the licensing authority, so it is advisable to find out in advance which documents need to be submitted in certified form.
Certification of Powers of Attorney and Care Directives
Powers of attorney and care directives are important documents to manage one's affairs in case of incapacity. These documents usually need to be certified to ensure their validity.
Responsibility in Augsburg
In some cities, such as Augsburg, the Office for Children, Youth and Family is responsible for the certification of powers of attorney and care directives. This is a peculiarity that must be taken into account to have the documents certified correctly. In other cities, notaries or other authorities may be responsible for certification. The state capital Munich provides information on its website about the responsibilities for certifications.
Certification offices: Find the right contact person for your documents
Summary of Authorised Authorities
The question of who is allowed to certify in Germany is not always easy to answer. There are various authorities authorised to certify documents, depending on the type of document and its intended use. Here is a summary of the main authorised authorities:
Notaries: Responsible for public certifications, particularly of signatures and deeds for the commercial register and land register.
Authorities (e.g. citizen offices, district offices, municipalities): Responsible for official certifications of copies and signatures, especially for submission to authorities.
Registry Offices: Responsible for the issuance and certification of vital records (birth, marriage, and death certificates).
Medical District Association of Upper Bavaria (ÄBO): Offers free official certifications for members.
It is important to note that not all authorities are authorised to certify all types of documents. Therefore, find out in advance which authority is responsible for your document.
Unauthorised Authorities
There are also authorities that are not authorised to certify documents. These include, for example:
Banks
Private Clinics
Health Insurance Companies
Clubs
Lawyers (without notarial function)
Auditors
If you are unsure whether an authority is authorised to certify, inquire with the competent authority in case of doubt. Uni-Assist offers information on document certification for university applications.
Certification costs: Plan your budget for official and notarial fees
Fees for Official Certifications
The costs for official certifications vary depending on the authority and the federal state. There is no standard fee schedule, so it is advisable to check with the relevant authority in advance to find out the exact costs.
Varying Fees Depending on Authority and Federal State
The fees for official certifications can differ depending on the authority and the federal state. Some authorities offer free certifications for specific purposes, such as pension applications or recognition procedures. In other instances, fees are charged per document copy or signature authentication. Therefore, it is important to check with the relevant authority in advance about the exact costs to avoid unpleasant surprises. The city of Augsburg provides information on their website about the fees for certifications.
Example Augsburg: Overview of Fees
In Augsburg, for instance, the fees for official certifications are 7.50 euros per document copy and 20.00 euros for signature authentications. However, it should be noted that these fees are just an example and may vary in other cities and federal states. Always check with the relevant authority in advance for the current fees.
Costs for Notarial Certifications
The costs for notarial certifications are regulated by the Courts and Notary Fees Act (GNotKG). The fees depend on the value of the transaction or interest that is to be secured by the certification. Therefore, it is difficult to make general statements about the costs.
Regulation by the Courts and Notary Fees Act (GNotKG)
The costs for notarial certifications are regulated by the Courts and Notary Fees Act (GNotKG). The fees depend on the value of the transaction or interest that is to be secured by the certification. In addition, there is VAT and any expenses of the notary. It is therefore advisable to consult a notary in advance about the expected costs. Mentoc offers you an initial estimate of the costs for a notarial certification.
Electronic Certifications: How Digital Document Verification Works
Certification of Electronic Documents
Digitalisation is advancing, and there are increasingly electronic solutions in the field of certifications. However, certifying electronic documents presents specific requirements for security and data protection.
Requirements for the Certification Mark
When certifying electronic documents, certain requirements for the certification mark must be met. This must include information about the signature holder, the timestamp, and the certificates used. Additionally, the certification mark must be tamper-proof to ensure the authenticity of the document. The legal provisions set the framework.
Creation and Certification of Electronic Copies by Authorities
Authorities are increasingly obliged to create and certify electronic copies of documents. This is intended to facilitate citizens' access to administrative services and reduce administrative effort.
Obligation to Create on Request
Authorities are obliged, upon request, to create and certify electronic documents or copies of documents. This applies in particular to documents issued by the authority itself. The authority must ensure that the electronic copy matches the original and that the certification is tamper-proof. The mentoc supports you in the creation and certification of electronic documents.
Certifications: How to Secure Your Documents for the Future
More useful links
The Bayernportal explains the requirements and processes for publicly certified documents in Bavaria.
The Ärztlicher Bezirksverband Oberbayern (ÄBO) offers its members free official certifications.
The statutory basis in BayVwVfG clarifies the powers for official certification in Bavaria.
The city of Augsburg provides information about the requirements and fees for certifications.
The state capital Munich offers an overview of certifications and responsibilities.
The Federal Foreign Office provides detailed information on legalization and apostille for the use of German documents abroad.
Uni-Assist provides information on the certification of documents for university applications.
FAQ
What is the difference between official and public certification?
An official certification is carried out by authorities and confirms the conformity of a copy with the original. A public certification is conducted by notaries and also includes the certification of signatures, often required for commercial register entries or land registry matters.
Which documents can be certified by a citizens' office?
Citizens' offices can generally certify copies of documents intended for submission to an authority. Often excluded are civil status documents (birth, marriage, death certificates), available from the registry office.
What are the costs of an official certification?
The costs for an official certification vary depending on the authority and federal state. In some cases, they are free of charge, e.g., for pension applications. In other cases, fees are charged per document copy. Inquire with the responsible authority in advance.
Who is allowed to certify signatures in Germany?
Notaries are authorized to publicly certify signatures. Some authorities may officially certify signatures if the document is intended for an authority. Lawyers may certify only in specific cases (e.g., for service of process).
What is an Apostille and when do I need it?
An Apostille is a form of legalization that confirms the authenticity of a document for use abroad. It is required if the destination country is a party to the Hague Convention. For countries not party to the Hague Convention, a legalization by the diplomatic representation of the respective country is usually required.
Where can I obtain a certified translation?
mentoc offers certified translations carried out by sworn translators. Such translations are often necessary to recognize documents in an international context.
Can lawyers certify documents?
Lawyers can certify copies of documents for service as part of a legal process. However, this certification is not officially recognized in the proper sense. For other purposes, certification by a notary or a competent authority is required.
What should I consider when certifying electronic documents?
When certifying electronic documents, the certification note must include information about the signature holder, the timestamp, and the certificates used. Additionally, the certification note must be tamper-proof.
