Berlin – October 29, 2026 -- The German Bundestag passed a law on October 29, 2026 that extends notarial video procedures to stock corporation (AG) formation, GmbH share transfers and powers of attorney for financing rounds. The new rules take effect on October 29, 2026, subject to Bundesrat review.
Law widens online scope beyond GmbH formation, available since 2022
Founding a GmbH by video has been routine since 2022. Formations, articles of association amendments and capital increases (financing rounds) can already be notarized online. The new law adds standalone GmbH share transfers and powers of attorney for financing rounds.
It also opens online procedures for:
- formation of AGs and partnerships limited by shares (KGaA), including appointment of the first supervisory board;
- powers of attorney for register filings, for voting at GmbH shareholder meetings and for taking over new shares;
- filings to the foundation register.
Notaries carry statutory duty to protect inexperienced parties in share sales
Lawmakers kept the notary's protective role at the center of the online format. Under the new Section 15(3), sentence 3 of the GmbH Act, notaries must ensure that inexperienced parties are not disadvantaged by video notarization in share assignments. Buyers and sellers hold opposing interests, often over large sums, and pressure or misunderstanding is harder to spot on screen.
Carmen Wegge (SPD) said in the plenary debate that digitalization means the same protection by a new route. Konrad Körner (CDU/CSU) stressed that the notary's core protective functions remain indispensable. Federal Chamber of Notaries President Markus Sikora said founders gain speed and flexibility in the competition for international capital.
Two-stage ID check replaces video-ident for money laundering control
Participants need a smartphone with the free Notar app, or a computer or tablet, and a valid electronic ID card. Identification has two stages. The app reads data directly from the ID chip and checks it for manipulation. The notary then compares the photo on the official ID during the session.
The Federal Chamber of Notaries says this rules out the identity-fraud risks of video-ident, where an ID is merely held up to a camera. It describes the check as a building block in combating corporate money laundering.
During the session, all parties see the deed text simultaneously and follow amendments in real time. Signing uses a qualified electronic signature, provided free at registration. The online deed has the same evidentiary value as one signed in a notary's office.
Federal Chamber of Notaries operates the video system under Justice Ministry oversight
The Federal Chamber of Notaries, a public-law corporation supervised by the Federal Ministry of Justice and Consumer Protection, runs the video communication system. The chamber contrasts this with private platform providers common in other countries. No data is stored on servers in third countries.
Foundation register filings follow on October 29, 2026
From October 29, 2026, the new procedures will be available in all notary offices nationwide. Online filings to the foundation register start on October 29, 2026, when the register begins operation.