Certification

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Signature Verification: Fast, Secure & Legally Sound – Your Guide

17

Minutes

Simon Wilhelm

Expert in Certification at Mentoc

28.12.2024

17

minutes

Simon Wilhelm

Expert in Certification at Mentoc

Do you need a signature authentication but are unsure about the process and costs? A signature authentication confirms the authenticity of your signature. This article provides you with a comprehensive overview. We are happy to offer you personal advice. Please contact us.

The topic briefly and concisely

A certification of signature is essential to verify the authenticity of your signature on documents and ensure their legal validity.

The costs for signature authentication vary, with government authorities often offering a more affordable alternative, while digital solutions save time and effort.

For the international use of documents, an apostille or legalisation is often required to ensure acceptance abroad.

Do you need a signature certification? Learn all about the necessary steps, costs, and differences compared to notarisation. Find out now!

Certified signature: Quick and secure verification of the authenticity of your documents

Certified signature: Quick and secure verification of the authenticity of your documents

What is a Signature Authentication?

A signature authentication is a formal act that confirms the authenticity of your signature on a document. This is particularly important if you need to submit documents to authorities or other institutions. But what exactly does this mean and how does it differ from notarisation? Here you will find everything necessary to make the process smooth.

Definition and Purpose of Signature Authentication

The signature authentication serves to confirm that a signature actually comes from the person who provided it. This is carried out by a notary or another authorised body. In contrast to notarisation, where the entire content of the document is examined and confirmed, signature authentication focuses solely on the authenticity of the signature. Beglaubigt.de describes this as a legal procedure that confirms the authenticity of a signature on a document.

Confirmation of Signature Authenticity

During the confirmation of signature authenticity, it is verified whether the signature indeed comes from the person who signed the document. The notary or responsible authority compares the signature with an existing identification document to ensure the signer's identity can be established without doubt. This is especially important to prevent forgery and fraud.

Distinction from Notarisation: Content Review vs. Formal Confirmation

The main difference between signature authentication and notarisation lies in the scope of review. While signature authentication only confirms the authenticity of the signature, notarisation goes significantly further. In a notarisation, the entire content of the document is reviewed and confirmed by the notary. This is especially required for important contracts or declarations where a comprehensive legal safeguard is necessary. The German Foreign Mission clarifies that notarisation is required for irrevocable powers of attorney, while a signature authentication suffices for revocable powers.

Areas of Application

The areas of application for a signature authentication are diverse. It is often needed for documents that must be submitted to authorities, courts, or other institutions. Also in an international context, a signature authentication might be necessary to ensure the validity of documents abroad.

Consent Declarations, Waivers of Inheritance, Deletion Approvals, Simple Powers of Attorney

Typical cases for a signature authentication include consent declarations, waivers of inheritance, deletion approvals, and simple powers of attorney. In these situations, it is sufficient for the authenticity of the signature to be confirmed without the notary extensively reviewing the content of the document. The German Embassy in Windhoek offers signature authentications for such documents, for instance.

Commercial Register Entries (potentially online via Notary)

For commercial register entries, signature authentication may also be required. In some cases, it is even possible to do this online through a notary. This saves time and costs, as the in-person visit to the notary is omitted. However, it is important to note that not all commercial register matters can be handled online. The German Embassy in Windhoek points out that direct cooperation with a German notary is necessary for commercial register matters.

Documents for German Authorities (via Registration Office)

For documents that must be submitted to German authorities, the signature authentication can also be provided by the registration office. This is generally cheaper than authentication by a notary. However, the responsibility of the registration office is limited to documents intended for German authorities. The city of Dortmund offers this service, for example.

Notarial Certification of Signatures: This is How the Process Works

Certification of Signature by Notary

The certification of signature by a notary is a common way to confirm the authenticity of your signature. But how does this process actually go, and what requirements need to be met? We explain the individual steps and responsibilities.

Process and Requirements

To obtain a certification of signature by a notary, your personal presence is required. The notary must verify your identity before they can certify the signature. Be sure to bring your ID card or passport. Notaries MJO emphasise the necessity of personal presence.

Personal Presence of the Signer is Required

Your personal presence is indispensable as the notary needs to identify you personally. This ensures that the signature actually comes from you and has not been forged by someone else. Without your presence, the notary cannot perform the certification.

Identity Verification via ID Card or Passport

For identity verification, you must present a valid ID card or passport to the notary. The notary compares the information on the ID document with your personal data to establish your identity beyond doubt. Ensure your ID document is still valid, as expired documents will not be accepted.

Signing or Acknowledgement of Signature in the Presence of the Notary (§ 39 BeurkG)

The signature must either be made in the presence of the notary or acknowledged by you before the notary. This is regulated in § 39 of the Notarisation Act (BeurkG). By signing in the presence of the notary or acknowledging the already made signature, the notary ensures that you actually provided the signature yourself.

Content of the Certification (§ 40 BeurkG)

The certification must contain certain information to be valid. This includes your signature, the seal of the notary, the signature of the notary, as well as the date and location of the certification. These requirements are specified in § 40 of the Notarisation Act (BeurkG). Beglaubigt.de refers to these content requirements.

Signature, Seal, Signature of the Notary, Date, Place

The signature, the seal of the notary, the signature of the notary as well as the date and location of the certification are the essential components of a valid certification of signature. If any of this information is missing, the certification is invalid.

Note on Identity Verification

The certification must also include a note on the conducted identity verification. This serves to document that the notary has verified your identity and is convinced of it. The note on identity verification is an important part of the certification.

Responsibilities

It is crucial to understand that the notary simply confirms the authenticity of your signature with the certification of signature. They do not assume responsibility for the content of the document. Responsibility for the content remains with you as the signer.

Notary Confirms Authenticity of Signature, Not the Content of the Document

The notary only confirms the authenticity of your signature, not the content of the document. This means you are responsible for ensuring that the content of the document is correct and complete. The notary does not check the content for accuracy or completeness.

Recommendation: Draft Documents for International Use Directly in the Target Language

If you intend to use the document in an international context, it is recommended that you draft it directly in the target language. This not only saves translation costs but also avoids potential misunderstandings due to translation errors. Notaries MJO recommend this to avoid additional costs.

Save costs: How notary fees for signature authentications are composed

Costs of Signature Certification

The costs for a signature certification are legally regulated and consistent across the country. But how are these costs precisely composed and what factors influence the amount of fees? We provide you with an overview.

Legal Basis: Court and Notary Costs Act (GNotKG)

The basis for calculating the fees is the Court and Notary Costs Act (GNotKG). This law regulates the fees for notarial services, including signature certification. The fees are consistent across the country and apply to all notaries in Germany. Notary Durchlaub points out the standardization by the GNotKG.

Uniform Fees Nationwide

The fees are uniform nationwide, meaning that you pay the same fees for a signature certification at any notary in Germany. This ensures transparency and comparability.

Fee Covers Advice, Draft (If Required), and Certification

The fee typically covers the advice by the notary, the drafting of the document (if required), and the actual certification. However, additional costs may arise if you have special requests or if the notary has to undertake additional work.

Amount of Fees

The amount of the fees depends on various factors, particularly the value of the document. However, there is a minimum and maximum fee that cannot be undercut or exceeded, respectively.

Minimum Fee (Without Draft): Approx. €20.00 plus VAT

The minimum fee for a signature certification without a draft is approximately €20.00 plus VAT. This is the amount you have to pay at least, even if the value of the document is low. Notary Durchlaub cites this amount as the minimum fee.

Maximum Fee: Approx. €70.00 plus VAT

The maximum fee is approximately €70.00 plus VAT. This is the amount you have to pay at most, even if the value of the document is very high. However, exceptions exist, e.g., in the case of very complex or elaborate certifications.

Value of the Document as a Key Factor for Fee Calculation

The value of the document is a key factor in the fee calculation. The higher the value of the document, the higher the fee for certification. The notary estimates the value of the document based on various criteria, such as the economic interest associated with the document.

Additional Costs

In addition to the basic fees, additional costs may arise, e.g., for certifications in foreign languages or for the drafting of the document by the notary.

Certifications in Foreign Languages

For certifications in foreign languages, additional costs may arise, as the notary might need to consult a translator. The costs for the translator will be charged to you.

Drafting of the Document by the Notary

If you commission the notary with the drafting of the document, additional costs will arise. The notary charges a fee for the drafting, which is based on the value of the document.

Special Regulation for Real Estate: Half of the Property Value as Basis for Calculation

For real estate, there is a special regulation: Only half of the property value is used as the basis for fee calculation. However, this only applies to certain cases, e.g., when ordering a mortgage.

Affordable alternative: Use certification of signatures by authorities

Certification of Signatures by Authorities

In addition to notaries, certain authorities can also certify signatures. This is often a more cost-effective alternative, but it comes with some restrictions. We will show you which authorities are responsible and what you need to consider.

Responsibility of the Registration Office

The registration office is often responsible for certifying signatures. However, their jurisdiction is limited to documents intended for submission to German authorities or public law entities. For other purposes, such as submission abroad, the registration office is not responsible. The city of Dortmund provides information about the responsibilities of the registration office.

Only for Documents for Submission to German Authorities or Public Law Entities

The responsibility of the registration office is limited to documents intended for submission to German authorities or public law entities. This means that you cannot use the certification from the registration office for documents that need to be presented abroad.

Not for Public Certifications (§ 129 BGB) or Signatures Without Associated Text

The registration office is not responsible for public certifications (§ 129 BGB) or for signatures without associated text. In these cases, you must contact a notary.

Procedure and Costs

The procedure at the registration office is generally straightforward and quick. You only need to present your national ID card or passport and make or acknowledge the signature in the presence of the official.

To Present: National ID Card or Passport

For identity verification, you must present your national ID card or passport. Ensure that your identification document is still valid.

Signature Must Be Made or Acknowledged in the Presence of the Official

The signature must be made or acknowledged in the presence of the official. This is to ensure that the signature actually comes from you.

Fee: Approx. €3.50

The fee for certification by the registration office is approximately €3.50. This is significantly cheaper than certification by a notary.

Example: Dortmund

The city of Dortmund offers signature certification through the registration office. However, there are some special considerations you need to take into account here.

Appointment Required (Online)

In Dortmund, an appointment is required. You can make an appointment online through the City of Dortmund's website.

Several Locations Available (Brackel Currently Closed)

There are several locations available where you can have the certification done. However, please note that the Brackel location is currently closed.

Special Regulation for Motor Vehicle Dealers and Registration Services

For motor vehicle dealers and registration services, there is a special regulation: These are serviced exclusively in the dealer area in the city centre.

Signature authentication abroad: Embassies and consulates can assist

Signature Certification Abroad

If you are abroad and require a signature certification, you can contact the German missions abroad. These offer signature certifications in many cases, but with certain limitations. We will show you the options available to you.

German Missions Abroad (e.g., Embassy in Windhoek)

The German missions abroad, such as the Embassy in Windhoek, offer signature certifications for certain documents. However, this is not always possible, as the missions cannot offer all notarial services. The German Embassy in Windhoek provides information about their services.

Suitable for Approval Declarations, Renunciations of Inheritance, Releases for Liens, Simple Powers of Attorney

The signature certification by the mission is generally suitable for approval declarations, renunciations of inheritance, releases for liens, and simple powers of attorney. For more complex matters, such as notarizations, the mission is not responsible.

No Notarizations or Money Laundering Act Checks

The missions do not offer notarizations or money laundering act checks. In such cases, you need to contact a German notary.

Commercial Register Matters: Directly with German Notary (possibly online)

For commercial register matters, you must contact a German notary directly. In some cases, it is possible to handle these online.

US Diplomatic Missions

The US diplomatic missions also offer signature certifications, but with certain limitations. It is important to know which documents can be certified and which cannot.

Suitable for Revocable Powers of Attorney, Commercial Register Entries, Renunciations of Inheritance

The US diplomatic missions are suitable for revocable powers of attorney, commercial register entries, and renunciations of inheritance. For irrevocable powers of attorney, a notarization is required, which is not offered by the US diplomatic missions.

Not for Irrevocable Powers of Attorney (Notarization Required)

For irrevocable powers of attorney, a notarization is required, which is not offered by the US diplomatic missions. In this case, you must contact a German notary.

Limited Certification Options for Banking Matters

For banking matters, there are limited certification options. It is advisable to inquire with the bank in advance about which documents need to be certified and which authorities are responsible for this.

Important Notes

There are some important notes to keep in mind if you need a signature certification abroad.

Bring Document Unsigned

Bring the document unsigned. The signature must be performed in the presence of the official or acknowledged by you.

Proof of Identity, Authorization, and Residence

Bring proof of identity, authorization, and residence. This serves to verify your identity and your authorization to sign the document.

Notary Public Signature Certification May Require Apostille

If you present a signature certification from a Notary Public, you may need an apostille. The apostille confirms the authenticity of the Notary Public's signature and allows the document to be used abroad.

Time-saving guaranteed: Use digital signature verification online

Digital certification of signatures

The digital certification of signatures offers a time-saving and convenient alternative to traditional certification. Providers like beglaubigt.de allow you to have your signature certified online. We will show you how it works and what benefits it offers.

Providers like beglaubigt.de

Providers like beglaubigt.de specialise in digital certification of signatures. They use the Digitisation Directive (DiRUG) to offer legally valid certification online. Beglaubigt.de promotes the use of the Digitisation Directive.

Use of the Digitisation Directive (DiRUG)

The Digitisation Directive (DiRUG) allows certain notarial services to be offered online. This saves time and costs, as there is no need to visit a notary in person.

Online and Offline Options

There are both online and offline options for digital certification of signatures. You can choose whether to handle the entire process online or to complete part of the process in person.

Transparent pricing based on GNotKG

The pricing is transparent and based on the Court and Notary Costs Act (GNotKG). From the outset, you will know what costs to expect.

Process

The process of digital certification of signatures is simple and straightforward. You upload your document online, identify yourself via live video, and receive the certified document delivered digitally.

Digital Document Upload

You upload your document digitally. Ensure that the document is complete and clearly readable.

Online Identification via Live Video

You identify yourself via live video. You will need a valid identity card or passport for this.

Secure Digital Delivery of Certified Documents

You receive the certified document securely delivered digitally. The document is equipped with a qualified electronic signature and is thus legally valid.

Benefits

The digital certification of signatures offers numerous advantages over traditional certification.

Time Savings

You save time since there is no need to visit a notary personally. You can conveniently carry out the certification from home or the office.

Potential Cost Savings

You can save costs because the fees for digital certification are often cheaper than those for traditional certification.

Data Security through Encryption and Two-Factor Authentication

The data security is ensured through encryption and two-factor authentication. Your data is securely transmitted and stored.

Official or public? Choosing the right type of certification

Official vs. Public Certification

There are two types of certifications: the official certification and the public certification. It is important to know the difference to choose the right type of certification for your needs. We explain the differences and responsibilities.

Official Certification

The official certification is carried out by local authorities for documents intended for submission to German authorities. It is usually more cost-effective than public certification. The Hessen Administrative Portal details the specifics.

By local authorities for documents to be submitted to German authorities

The official certification is limited to documents that are intended for submission to German authorities. For other purposes, such as submission abroad, official certification is not sufficient.

Public Certification

The public certification is conducted by a notary and is required for certain legal declarations and documents for international use. It is more comprehensive than official certification and offers higher legal certainty.

By a notary for certain legal declarations (e.g. wills, association registry entries) and documents for international use

The public certification is required for certain legal declarations, such as wills and association registry entries, as well as for documents for international use. It provides higher legal certainty than official certification.

Exception: Declarations of Commitment

For declarations of commitment, only the immigration authorities are responsible. Neither local authorities nor the notary can certify a declaration of commitment.

Exclusively by immigration authorities

The responsibility for declarations of commitment lies exclusively with the immigration authorities. Therefore, contact the immigration authority directly if you need a declaration of commitment certified.

Certification Note

The certification note must contain specific information to be valid. This includes confirming the authenticity of the signature, identifying the signer, specifying how the identity was verified, and limiting the use to the specified authority or agency.

Confirmation of the authenticity of the signature

The certification note must confirm the authenticity of the signature. This is the essential content of the certification note.

Identification of the signer

The certification note must identify the signer. This is usually done by stating the name and address of the signer.

Indication of how the identity was verified

The certification note must indicate how the identity of the signer was verified. This is usually done by stating the presented identification document.

Limitation of use to the specified authority or agency

The certification note must limit the use to the specified authority or agency. This means that the certification is only valid for submission to the specified authority or agency.

International Documents: Understanding Apostille and Legalisation

Challenges and Special Considerations

There are some challenges and special considerations to keep in mind regarding signature certification, especially when the document is intended for international use. We will show you what to pay attention to.

International Use

For the international use of documents, an Apostille or Legalisation is often required. These confirm the authenticity of the certification and enable the document to be used abroad. Beglaubigt.de highlights the need for Apostille/Legalisation.

Apostille or Legalisation Required (Depending on Destination Country)

Whether an Apostille or Legalisation is required depends on the destination country. Some countries have ratified the Hague Convention, which simplifies the process of Legalisation. For these countries, an Apostille is sufficient. For other countries, Legalisation is necessary.

Commercial Value

The commercial value is the basis for calculating fees for signature certification. It depends on the economic interest associated with the document. Beglaubigt.de mentions the commercial value in relation to the costs.

Basis for Fee Calculation (GNotKG)

The commercial value serves as the basis for the fee calculation according to the Court and Notary Costs Act (GNotKG). The higher the commercial value, the higher the fees.

Minimum Commercial Value Often 5,000 Euros

A minimum commercial value of 5,000 Euros is often set, even if the economic interest is lower. This results in higher fees.

Halving for Powers of Attorney

For powers of attorney, the commercial value is halved. This results in lower fees.

Special Cases

There are some special cases where particular regulations apply, e.g., in terms of the property owner's approval for mortgage cancellation or for evidence of the manager status under § 26 Abs. 4 WEG. Sommerfeld-Majka.de outlines these special cases.

Property Owner's Approval for Mortgage Cancellation

Special regulations apply to the property owner's approval for mortgage cancellation regarding fee calculation.

Evidence of Manager Status Under § 26 Abs. 4 WEG

Special regulations also apply to the evidence of manager status under § 26 Abs. 4 WEG concerning fee calculation.

Signature verification made easy: Your next step


FAQ

What exactly is a signature certification and what is its purpose?

A signature certification verifies the authenticity of your signature by a notary or another authorised entity. It serves to demonstrate the validity of documents to authorities, courts, or other institutions.

Where can I obtain a signature certification?

You can obtain a signature certification from a notary, certain authorities (e.g., registration offices for documents required by German authorities), or at German diplomatic missions abroad (e.g., embassies and consulates).

What does a signature certification cost?

The cost of a signature certification is regulated by the Court and Notary Costs Act (GNotKG). Fees vary depending on the value of the document, but generally range between €20.00 and €70.00 plus VAT. At authorities, it is often cheaper (approx. €3.50).

What documents do I need for a signature certification?

You will need a valid identity card or passport for identity verification. Bring the document unsigned, as the signature must be made or acknowledged in the presence of the notary or official.

What is the difference between a signature certification and notarisation?

A signature certification merely confirms the authenticity of your signature, whereas a notarisation involves the notary reviewing and confirming the entire content of the document. Notarisation is required for important contracts or declarations where comprehensive legal assurance is necessary.

Can I have a signature certification done online?

Yes, providers such as beglaubigt.de offer digital signature certifications. These use the Digitalisation Directive (DiRUG) to provide legally valid certification online. This saves time and costs.

What is an apostille and when do I need one?

An apostille is a form of certification that may be required for the use of documents abroad. Whether an apostille is needed depends on the destination country. It confirms the authenticity of the signature and seal of the notary or the authority.

What is the difference between official and public certification?

Official certification is carried out by local authorities for documents intended for submission to German authorities. Public certification is performed by a notary and is required for certain legal declarations and documents intended for international use.

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Mentoc – Your experts for certified translations and editing services. Personalised consultation and precise execution in all languages. Official recognition for governmental and academic documents.

Mentoc – Your experts for certified translations and editing services. Personalised consultation and precise execution in all languages. Official recognition for governmental and academic documents.

Mentoc – Your experts for certified translations and editing services. Personalised consultation and precise execution in all languages. Official recognition for governmental and academic documents.