GmbH formation, certification of unanimous GmbH shareholder resolutions and registrations in the register of associations: since August 1st, 2023, all of this has also been possible online. “This marks the next milestone in the digitization of the notary’s office,” explains the President of the Federal Chamber of Notaries, Jens Bormann.
One year after the introduction of online notarization procedures, the legal scope of online procedures in corporate law has been expanded.
Registrations for the register of associations can now also be made digitally. Likewise, the legislator allows the formation of a GmbH with the contribution of a contribution in kind (foundation in kind) in the online process as well as later processes that require notarization, such as unanimous resolutions to change the articles of association or capital measures (increase or decrease in the share capital). The declaration of acceptance required for this by the shareholders can also be made digitally.
Notarization via video conference
From now on, all authentications can be carried out in a video conference with the notary. A smartphone with the free notary app, a computer or tablet and a valid ID and photo document with online functionality are required.
The confidentiality of the data should be guaranteed in the same way as when visiting a notary on site. In contrast to the much-criticized video identification procedure, in which the ID document is only held up to the camera, it is not possible to fake a false identity, according to Bormann. In this way, identity theft and money laundering could also be prevented in the digital world.
Since August 2022 GmbHs and UGs can be founded online in front of a notary. Registrations in the commercial, partnership and cooperative register have also been possible online for a year now.
Editorial office beck-aktuell, August 3, 2023 (dpa).
Related Links
From the beck-online database
Meier, Online certifications in company law according to DiRUG and DiREG, BB 2022, 1731
Songs, The DiREG – dare more digitization?!, ZRP 2022, 102
Heckschen/Knaier, Further digitization of company law (DiREG), NZG 2022, 885
Forschner, practice update corporate law: online procedures, MittBayNot 2022, 536
Rubner/Leuering, The founding of a limited liability company using the online process, NJW Special 2022, 463