Acknowledgment (law)

The certification is an official certificate of the correctness of a signature or a copy, as a public certification by a notary or official certification by another state law authority empowered authority. It is generally a certificate that duplicates match the original, and especially in legal relations form a statutory requirement that signatures in specific contracts or certificates must be made by public attestation before a notary.

From the authentication the authentication is to be distinguished.

• 3.1 Certification of personal documents

General

Legal form requirements are an exception, so that the right traffic is not unnecessarily difficult. Therefore wide legal aspects of daily life are free form, in particular the purchase contract. However, there are some exceptions where the law expressly provides a public certification. Then she met a

• Warning Function: The explanatory to be protected against hasty bonds because of the risks of the business and a
• Proof of function: The form is conclusive clarify whether and on what terms the business has come through proof of authenticity of signatures legal effect.

Public certification

A distinction can be made between authentication of signatures and copies.

Signatures

If by law for an explanation of the official certification is compulsory, the declaration must be in writing and signed by the declarant, be certified by a notary ( § 129 BGB). This provision is made ​​in writing ahead for the explanation. In § 126 paragraph 1 BGB is further determined that in a written form the mere show of hands is notarized. The notary should authenticate signatures or hand signals only if they have been completed in his presence. Notarization is the testimony of the fact that the signature or hand- sign has been conducted in the presence of a notary at the time specified by the declarant or recognized ( § 39, § 40 BeurkG ). They also confirmed that the person mentioned by name in the endorsement and the declarant are identical.

However, the certification relates only to the authenticity of the signature and any representation permissions, but not on the certificate content. According to § 40 para 5 BeurkG therefore is also the certification of a blank signature, that is, without any guiding text allowed. An official certification as such ensures that the signature comes on a certificate from the specified issuer. But must be distinguished from the probative value of such subsequent amended certificate. For the modification does not apply the presumption of § 440 para 4 ZPO, which also standing above the signature text comes from the person whose signature is notarized. Public instrument within the meaning of § 415 ZPO is only the certification statement, the declaration made itself is a private document.

In Hesse also the local warden is empowered local Hessian Court Act for public certification of signatures pursuant to § 13. Since 1 July 2005 also the Notaries of care authority for the certification of signatures or hand signals under enduring powers of attorney and responsible care orders ( § 6 paragraph 2 BtBG ).

Transcripts

With the certification of a copy of the agreement is confirmed with the main font. The main work may be original, certified copy or a copy themselves. With the certification is publicly confirmed that a copy is identical in content to the original ( original ). This accreditation certifies not at the same time, the authenticity or validity of the template, only the content match between the original and the copy. A certified copy of a copy of the original / the original, however, is not possible.

Contains the certification statement

• The finding that the certified copy / copy matches the submitted document
• The exact name of the document, a copy / certified copy is (except the endorsement is attached to the copy itself)
• The place and date of the certification, the signature of the certification by leading notary and official seal.

Notaries

Official accreditation

From the public authentication the official confirmation is to be distinguished. The legal basis for official certification of copies and signatures can be found in § 33 and § 34 of the Administrative Procedure Act ( Administrative Procedure Act ) of the Federal or the parallel provisions of the federal states. In the social law, the parallel determinations are § 29, § 30 Tenth Book of the Social Code (SGB X). The authentication capability is partially regulated differently in state laws. Thus provides approximately § 34 Administrative Procedures Act for Baden- Württemberg that certain by regulation authorities have the power to signature certification.

Officially certified can always just seal leading authorities because the official seal according to § 33 paragraph 3 No. 4 Administrative Procedures Act is necessary for the validity of any official certification. Without a seal for the notarization is invalid. The seal leading bodies, particularly local governments, districts and lower administrative authorities include (eg mayor and mayor ), local warden in Hesse (§ 13 OGerG ) and the ratchet driver in Baden- Württemberg ( § 32 para 4 LFGG ) and mayor and municipal administrations in Rhineland -Palatinate (§ 2 BeglG ), municipalities (Town Hall ), county governments, government agencies, police, courts or public organized churches. The applicable under state law as authorities organized under public law savings banks can issue signed and provided with their official seal official documents, provided that they have created the certificates themselves. According to the laws of the countries most Sparkasse savings banks are entitled seal (eg, § § 23, 10 Savings Bank Act of Baden- Württemberg).

The state law is often not coherent, so that a thorough examination is recommended in individual cases. The certification is properly if the certification statement is provided with an official seal and the certificate was signed by the person certifying. A certification by these institutions does not satisfy the procedural requirements of § 129 BGB, because herein official certification (and not official certification ) is required. Are not recognized certification of lawyers, associations, auditors, accountants (even if they use a seal ).

Certification of personal documents

A special feature for certifications of civil status documents. Birth, marriage and death certificates as well as certified copies of the birth, marriage or death book of the registry office, where the same probative force as the original document should send itself ( § 54 para 2 PStG ), can according to § 55 paragraph 2 PStG only the Create relevant competent registrar (electronic transmission to another registry office is possible). It is true that the notary is authorized to issue a certified copy of the civil status or of civil status documents; but this is not considered a civil status certificate in accordance with § 54 PStG, so its does not belong to the same probative force as the civil status book itself or a certificate issued by the registrar competent certified copy. Where the notary public a certified copy of a civil status record about the land registry a, but the evidence is properly rendered. The authentic instrument within the meaning of § 29 para 1 sentence 2 GBO is then that the certification made ​​by the notary public certificate to the copy of the duly established civil status certificate.

The notary can of civil status records in accordance with § 20 Section 1 Sentence 1 BNotO in conjunction with § 42 BeurkG create according to the general principles certified copies. The German Institute of Notaries goes into an appraisal on the assumption that a notary is authorized to create certified copies of the register of civil status. However, their probative value EXTEND only that at the time of preparation of the certified copy of the original of the civil status certificate was present and that the transcript consistent with that original. The special probative force of § 54 PStG (ie, as a replacement of the civil status itself) would not have this notarized copies. The BayObLG decided in this context that " certified photocopies of civil status documents the probative value pursuant to § 54 PStG missing; may decide, after the probate independent conviction about their accuracy. Only in doubt as to their accuracy the submission of copies of civil status documents is required. "

Notaries

The circle of persons authorized to authenticate the circle is legally restricted to seal leading positions. To certify copies of the following persons are authorized in Germany:

Form needy transactions

The publicly certified form is necessary, especially with registrations and applications to public registers. Applications for registration in the Commercial Register are to be submitted electronically in accordance with § 12 Section 1 of the German Commercial Code in publicly certified form, this stamp can be displayed electronically. Is an original or submit a simple copy or is the writing intended for the document, the transmission of an electronic record satisfies; to transmit a certified copy or a notarized document must be submitted, as is one with a simple electronic certificate ( § 39a BeurkG ) provided document ( § 12 para 2 HGB). The time required for an effective electronic filing using a qualified electronic signature ( § 39a sentences 2 and 3 BeurkG ) only replaces the signature of the notary.

In § 29 Section 1 of GBO is required that entries in the land register shall be made only by officially certified documents. The prescribed in § 29 GBO proof of registration requirements in documentary form is to ensure the compliance of the land register contents with the substantive law. Therefore, the substantive law necessary for the registration statements and facts are to be proved by the Land Registry official or officially certified documents. In simple mortgages and land charges (without declaration of submission ), assignments, pledges layoffs, cancellation or abandonment permits reservations is therefore the official attestation formal registration requirement. Although sufficient for the effectiveness of an assignment of certificated land charges substantively the writing ( § 1154 para 1 BGB), but for the registrability of this assignment statement a public legalization required. However, the lien creditor has the right to take legal action if necessary on Accreditation ( § 1154 para 1 sentence 2 BGB). After formal land registry law, the entry permit is in each case be certified. True by the signer made ​​subsequent changes to the text in the form of § 29 GBO because the certificate is not referring to the textual content. For official registration applications (about foreclosure notice) satisfies the exceptionally provided with an official seal signed certificate ( § 29 para 3 GBO ). The only exception from the general attestation compulsory forms of notarization requiring land purchase contract. During the authentication forced from the formal ( Land Registry ) resulting law is based on the certification compulsory land sale contracts on substantive law ( § 311b BGB).

Legal consequences

The Act requires that a significant legal consequence of the requirement of signature certification. Is there a lack of the required certification, the contracts entered into for formal deficiency are void, so unfold from the beginning no legal effects. Is the mere show of hands not authenticated by a notary under a treaty requiring written form, the contract is based is (126 BGB § 125, §) for formal defect also void. Lack the necessary credentials for entries in the land register, must not be entered ex officio ( reverse of § 29 para 1 GBO ). The objective pursued by the registration purpose is to achieve a real right change is then not reached due to lack of registrability. A cure possibility as it exists partly in writing and recording defects is not provided for missing credentials.

Others

In everyday parlance as the completeness and correctness of a translation endorsement by the certified translator, notary or consul is called pairing ( certified translation ). The certification statement under the instrument provides a simple testimony represents the legalization of documents in international legal is also called legalization.

Austria

• Notaries
• District courts