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Historically, German civil law followed a strict dogma: for a formal declaration (e.g., a consent or power of attorney) to be effectively received, the medium of transmission had to match the required form. Anyone requiring a notarized document was forced to wait for a physical courier – often a time-consuming process at the final stage of complex transactions.

New Statutory Regulation: Section 130 (2) BGB

With the new version of Section 130 (2) BGB, the legislator has broken this "congruence of form and medium." A declaration is now deemed effectively received even if the recipient receives an electronically certified copy instead of the physical original.

While the benefits for declarations of consent are immediately apparent, a more significant lever for practice lies in the structuring of powers of attorney.

The Challenge: Apparent Authority under Section 172 BGB

In transaction practice, original documents are still regularly dispatched by courier. The reason lies in ensuring the protection of good faith: To create the "apparent authority" (Rechtsscheinsvollmacht) of a power of attorney pursuant to Section 172 (2) BGB, the original document or an official engrossment must be presented. A simple scan or copy is insufficient for this purpose.

The Solution: Digital Notification under Section 171 (1) BGB

Thanks to the statutory amendment, the physical circulation of documents can now be legally halted. The key approach is the combination of Section 130 (2) BGB with a specific drafting of the power of attorney:

• Specific Notification: The principal stipulates within the power of attorney that the transmission of an electronically certified copy by the notary to the business partner simultaneously constitutes a "specific notification" of authorization within the meaning of Section 171 (1) BGB.
• Digital Apparent Authority: In effect, this digital transmission triggers a legal status comparable to the traditional handover of a paper original. The power of attorney is deemed to continue in force toward the third party, guaranteeing the necessary legal certainty for the closing.

Advantages for Transaction Practice:

• Speed: Immediate access to documents without postal delays or courier interruptions.
• Security: Electronically certified copies are tamper-proof, and receipt is documented by the transmitting notary.
• Process Efficiency: Fully digital preparation and execution of transactions without media disruption.

Through this statutory adjustment, the world of transactions is becoming significantly more digital – without compromising legal certainty or evidentiary function.

Innovation through Digital Structuring

We have already updated our standard powers of attorney to reflect the new legal situation and would be pleased to advise you on implementing these efficient workflows in your transaction processes.

For individual advice or questions regarding the implementation of this new digital process, please feel free to contact us directly.

This procedure is now available at our notarial office in Holzhausenstrasse, located in Frankfurt’s Nordend district (Holzhausenviertel).

The notarization continues to take place in person before the notary – however, the deed itself is created and executed entirely in electronic form.

What does “electronic in-person notarization” mean in practice?

• The deed is created exclusively in electronic form.
• The parties sign using a signature pad.
• The notary finalises the deed with a qualified electronic signature, replacing the handwritten signature and official seal.
• No paper version is required for legal validity.
• The legal basis lies in the amended provisions of the German Notarization Act (Beurkundungsgesetz).

Advantages of electronic notarization:

• Seamless digital process without printing and subsequent scanning
• Immediate and transparent incorporation of amendments during the appointment
• No subsequent clean copy required
• Faster electronic submission to the commercial register, land registry and public authorities

The established core principles of German notarial law remain untouched: identity verification, impartial legal advice, neutrality and the full evidentiary value of the notarial deed.

Scope of application

Electronic in-person notarization is available for numerous notarial matters, particularly in corporate law, commercial register and land register matters, as well as real estate transactions.

We will be pleased to assess whether your specific matter is suitable for this electronic procedure.

The digital transformation of the notarial profession thus continues consistently – without compromising legal certainty or evidentiary reliability.

Reference: Federal Law Gazette (BGBl.) 2025 I No. 320 of 12 December 2025

The publication deals with a key question of commercial register law: Under which conditions may a notary file a commercial register entry independently, without submitting a separately notarized power of attorney (§ 378 para. 2 FamFG)?

The Higher Regional Court reinforces the practical role of the notary in the registration process. It clarifies that merely notarizing a declaration relevant for the register – such as a shareholder resolution of a GmbH – is sufficient for the notary to make the registration. This also applies to frequent transactions like a change of business address.

The comment explains the decision in a clear manner and shows that § 378 para. 2 FamFG primarily serves to simplify and accelerate commercial register filings. It also clarifies that the facilitation of proof does not depend on corporate governance questions but on the notary’s special position as an independent officer of preventive legal administration.

For companies and shareholders, this means that register filings can be processed more efficiently, securely, and without unnecessary formalities – especially for standardized changes under GmbH law.

Reference: DNotZ 2026, 71