Notarization of documents

Only authorities that have an official seal are authorized to carry out legal certification. These include, for example, municipal administrations, administrative districts, the police, courts and public churches. Each German federal state (region) independently determines which public authorities are authorized to certify documents. It is therefore advisable to check the legal regulations carefully in each individual case. The certification of documents by lawyers, associations, accountants and auditors is not recognized, even if they have a seal. Official notarization includes the following features:

• a written notation that the copy or transcript matches the original
• signature of the person making the certification
• an official seal (usually a stamp with the emblem of the competent authority)

If the document consists of several pages, it is important that the notarization covers all of its contents. In most cases, the notary will stack all documents together on one corner in a certain way and affix the official seal so that each page contains part of the seal. In this way, it is possible to eliminate the possibility that the owners of the documents will add or replace pages later.

Legalization of civil status documents

The issuance and legalization of civil status documents is a separate area. Original or certified copies of birth, marriage or death certificates can only be requested from the civil registry office where the relevant case is registered in the civil status book.

Public attestation is also known as “pre-notarization”. As the name implies, the notary acts as the certifier. The notarization of copies/transcripts and signatures should be distinguished.

Signatures

Notarization is required in some cases, such as when making entries in the land registry. The notary confirms that the person actually signed the document at a specific time, i.e. that the signature is genuine. The content of the document is not confirmed.

Transcripts

In the second form of prior notarization, the notary does not certify the signatures of the persons involved, but rather the conformity of the content of the copy to the original or the main document that has itself been notarized. However, in notarization, he does not certify the authenticity or validity of the original. Notarization includes:

• Determining the consistency of the document submitted and the transcript/copy
• Accurately marking the document (if the mark is not made directly on the copy)
• Place and time of notarization
• Signature of the executing notary
• Official seal