Summary
A digital incorporation allows founders to establish a GmbH or UG entirely online through a video notary appointment. Since 1 August 2022, this process is permitted under the Digitalisation Directive (DiRUG). Founders identify themselves electronically via the eID function and sign all documents digitally. It applies mainly to cash contributions and specific corporate forms, offering greater flexibility for remote or international founders. However, it’s not easy to navigate the requirements.
Contents
Samar Fathulla | founder consultant
I’m here to help founders build strong, successful businesses. Let’s talk about your formation and find the best way forward together.
- 🌍 International founders
- 💬 500+ consults
- 🤝 Tailored advice
Online notary appointment: Key innovations at a glance
Since August 2022, the online notary appointment for forming a GmbH has made it possible to complete procedures digitally that previously required an in-person visit to a notary’s office. The key innovations include:
- conducting the notary appointment via a secure online video conference
- digital identification of shareholders and managing directors
- use of electronic signatures by all parties involved
This enables founding teams to register their company in the commercial register from any location while still receiving professional notarial guidance through a video call.
Who can use this new notary digital service?
According to the current draft legislation, the new digital notary service can be used for a range of
registrations in the commercial register 💬Handelsregister and the cooperative register 💬Genossenschaftsregister. The following types of businesses and structures are eligible for online registration:
- Corporations such as limited liability companies (e.g. UG, GmbH)
- Cooperatives
- Registered merchants (commercial traders)
- Branches of domestic or foreign companies
Is incorporation still possible the old school way?
Yes. Incorporation is still possible through the traditional, in-person notary appointment. The digital notary procedure is just an additional option and not a replacement. Founders may continue to use the on-site notary appointment at any time.
Steps involved in the online notary appointment
- Registration via a free, officially approved smartphone app
- Use of the eID function of the national identity card
- Secure verification by reading the photo stored on the identity document’s chip
- Exchange of information and documents directly with the notary
- Notarisation carried out via a secure video conference
- Electronic signing of documents using the system-provided signature
Samar Fathulla | founder consultant
I’m here to help founders build strong, successful businesses. Let’s talk about your formation and find the best way forward together.
- 🌍 International founders
- 💬 500+ consults
- 🤝 Tailored advice
Requirements for an online notary appointment
- Computer (desktop or laptop) equipped with a camera and microphone
- Fast and stable internet connection (e.g. DSL, LTE, cable)
- Smartphone capable of reading eID information and stored photos
- Acceptable proof of identity:
-
- National identity card with eID function
- eID card
- Electronic residence permit with activated online ID function and personal PIN
- European eID with a recognised “high” security level
- Acceptable ID for photo comparison:
Additional costs
The additional costs for the digital notary appointment are minimal and applied only to the identification and certification steps:
- €25 per notarization procedure
- €8 per authentication procedure
All other components of the GmbH notary fees remain unchanged and are prescribed by law.
Advantages of the online procedure
- May speed up the overall company formation process
- No need for physical presence at a local notary’s office
- No requirement to travel to Germany for international founders
- Provides a practical solution in cases of travel restrictions
- Enhances Germany’s attractiveness as a business location for founders
Source: Federal Chamber of Notaries 💬Bundesnotarkammer
Resources for founders from abroad
💡 If you are starting a company in Germany from abroad, the following guides provide practical help on formation, visas, bank accounts, legalisation and residency options:
Conclusion
Choosing a digital incorporation streamlines the company formation process and eliminates the need for travel or in-person meetings. Ensure technical readiness and cooperate with a notary who supports online authentication. This option suits founders providing cash capital and operating within approved structures. When implemented correctly, it combines speed, convenience and legal security for a modern way to start a business in Germany.
