Official authentication of signatures
Do you need your signature to be authenticated, for example on a power of attorney? Official authentication confirms that you yourself have signed the document.
Initials comprising letters or other symbols by people who cannot write are also officially certified.
Signatures can be officially authenticated by the authorities and courts of the Free State of Saxony, and the municipalities, administrative associations and districts in which your place of residence is situated. To do so, the signed document must
- be required for submission to an authority
- be required for submission at another centre as a result of a legal provision.
Special types of authentication / registration are also necessary for certain legal transactions (e.g. authentication by a notary).
Authentication by a notary
Particularities apply for signatures requiring public authentication. In these cases, the declaration is formulated in writing, and the declarant’s signature authenticated by a notary.
The law often stipulates public authentication for declarations of intent or declarations of procedural content. These may include:
- declaration of married name after marriage (This can also be certified by the civil registry office where the marriage was contracted.)
- declaration of a child's birth name after notarisation of the birth if the parents do not have the same family name but are jointly responsible for looking after the child
- declaration of the waiver of a right of succession, insofar as it has not been recorded by the probate court
- registration with the Registry of Associations
- application for entry into the Commercial Register
Signatures and initials must generally only be authenticated by the competent centre if they have been completed or acknowledged in the presence of the certifying public servant. For this reason, you must personally provide the relevant documents you wish to sign or have already signed.
The staff member confirms your identity through your ID card or passport. You sign the document or acknowledge the already existing signature as your own in front of them. The attestation clause is then added.
The attestation clause contains:
- confirmation that the signature is authentic
- an accurate description of the person whose signature is being authenticated
- information on whether the public servant responsible for the authentication is certain of the person's identity, and whether the signature was provided or acknowledged in his / her presence
- for authentication by an authority: a note to advise that the authentication is only intended to be submitted to the aforementioned authority or office
- date and place of certification
- for authentication by an authority: signature of the public servant responsible for the authentication
- for authentication by a notary: the notary’s signature
- official seal
For storage at the court
Particularities apply for the notarial authentication of a signature representing a person's name which is intended for storage at the court (e.g. as part of entry into the commercial register): In this case, the signature must be provided in the presence of the notary. This must be stated in the attestation clause.
- for authentication by an authority: a basic fee of between EUR 5.00 and EUR 50.00 (the fee due for the second and any further authentications may be reduced)
- for authentication by a notary: 0,2 of the so-called full fee (depending on the value of the matter) – at least EUR 20.00, no more than EUR 70.00
- § 40 Beurkundungsgesetz (BeurkG) – Authentication of a signature
- § 41 BeurkG– Authentication of a signature representing a company or a person's name
- § 129 Bürgerliches Gesetzbuch (BGB) – Public authentication
- Gerichts- und Notarkostengesetz (GNotKG), Anlage 1 (zu § 3 Abs. 2) Kostenverzeichnis, Nr. 25100 ff.– Authentications and other attestations
- § 34 Verwaltungsverfahrensgesetz (VwVfG) – Authentication for signatures
- § 1 Beglaubigungsverordnung (BeglV)
- Sächsisches Kostenverzeichnis (SächsKVZ)
Based on the German version authorized by Sächsisches Staatsministerium der Justiz