Notaries of the future: digital, efficient and citizen-oriented

Anyone who thinks that pen and paper still dominate everyday office life in the notary's office is very much mistaken. Numerous projects make it clear: notaries are getting fit for the future. The modern notary's office already offers citizens the opportunity to set up companies online, for example. Communication with authorities is increasingly taking place digitally. Citizens are also being relieved more and more by the notary using his modern infrastructure to relieve them of many reporting obligations and administrative procedures. In the future, notaries will also be able to draw up deeds completely digitally and have them signed by the parties involved on a signature pad.

Electronic presence certification

"The aim is to ensure that processes in the notary's office can be carried out quickly, digitally and without media disruptions in the future - i.e. without transferring from paper to electronic form or vice versa," explains Dr. Markus Baschnagel, Managing Director of the Baden-Württemberg Chamber of Notaries.

How does this work? By launching a series of innovative ideas and laws. For example, there is currently a draft law on electronic notarization. This is intended to create the possibility for parties to sign on a signature pad in the notary's office. This means that an electronic deed can be created directly at the notary's office at the negotiating table. By means of a so-called qualified electronic signature, the notary guarantees full authenticity and integrity protection, as was previously the case. With the introduction of electronic notarization, other document offices, such as probate courts, will also be able to create digital documents. "This offers the opportunity to cooperate with the courts on digitization and to benefit from their experience," says Baschnagel. The introduction of electronic deeds will reduce media disruptions in the notarization offices, which are caused in particular by the scanning of paper deeds for further digital processing.

Found a company easily online

However, the electronic signature on the signature pad is not the only step towards a digital notary's office. For a good two years now, companies have been able to be founded online in an uncomplicated, fast and legally secure manner. Anyone who has come up with an innovative business idea and wants to set up a GmbH quickly previously had to visit a notary in person for the necessary notarizations and certifications. This is also a thing of the past - notaries can now support the formation process online.

Security and data protection are maintained. "Citizens and legal transactions are also protected from dubious or non-existent founders in online procedures, for example, thanks to a special authentication process," explains Baschnagel. As before, notaries now also provide online advice on all issues relating to company formation, such as the appropriate legal form and the rights and obligations associated with the formation process. However, in order to participate in the corresponding online procedures, citizens must have an ID card with an eID function and the corresponding ID card PIN. "Unfortunately, this is where online procedures often fail in practice," says Baschnagel. Of course, it is still possible to visit the notary in person, especially for complicated matters.

Relieving the burden on volunteers

Not only entrepreneurs, but also volunteers are relieved by the notary's online procedures. After a brief check by the notary, applications to the register of associations can be made conveniently from home via the notary app of the Federal Chamber of Notaries.

Collect data from citizens only once: "once-only principle"

"The fact that Germany currently sometimes resembles a jungle of authorities has not escaped the attention of notaries," explains Baschnagel. After a deed has been signed at the notary's office, citizens are often subject to various application, notification and reporting obligations under numerous specialist laws. There are visits to the tax office, the trade office, the Chamber of Crafts or the Federal Employment Agency. For example, entrepreneurs often have to submit identical information in extensive forms to different offices, even though the data is already available from the notary. Why not have the notary or notary's office transmit the existing data to the relevant authorities straight away? The magic formula: "once-only principle" or "once to the notary and everything is done".

Legislators have also recognized this: With a law to reduce bureaucracy, notaries are to act as a central point of contact for business start-ups and take over all notifications, reports and applications for citizens. However, this law has yet to be implemented.

Digital infrastructure available

The digital infrastructure for networking notary's offices with various authorities and offices is already largely in place thanks to another project of the Federal Chamber of Notaries called eNoVA (electronic notary administration exchange). The project aims to further digitize the execution of real estate transactions. Since March 2024, notaries have had software for digital notifications to the expert committees at their disposal. In addition, the legal basis is currently being created to enable digital communication with other bodies. These include tax offices, courts and municipalities. Here, too, the aim is to communicate digitally in a uniform manner and speed up enforcement. The advantage for citizens is that the execution of a transaction can be significantly accelerated, as the document can be sent directly to all relevant authorities (tax offices, banks, municipalities) via a secure electronic transmission channel. And all this without printing, scanning or stamping.

So even if the tools and methods of work continue to develop in the future, the aim of notarial work remains unchanged: to offer impartial and highly qualified advice that creates lasting and legally secure solutions.