Certifying a signature and full notarisation of a document
Signature Certification
Enlarge image
Document certification
(© www.colourbox.com)
By certifying a signature, the consular officer confirms that the person indicated in the document was physically present and signed it in front of him or her. It is a simple form of authenticating a signature.
The signature must be executed in person in the presence of the consular officer or must be acknowledged in his presence. No advice about the legal meaning of the document to be signed is provided.
In many cases, the signature certification is sufficient for the required document.
Examples of where a certified signature would be used:
| - for a Declaration of Approval ("Genehmigungserklärung"): declaration by which a person approves a declaration / contract signed earlier on his behalf by somebone else. |
|---|
| - to demonstrate the undersigned approves of the declaration/contract. |
| - for a "simple" power of attorney ("Vollmacht"): power of attorney relating to everyday legal transactions or business, e.g. revocable power of attorney for a specific legal transaction. |
| - for a trade register entry. |
| - for an application for a certificate of good conduct. |
| - for a declaration of renouncement of inheritance ("Ausschlagung einer Erbschaft"). |
To have your signature certified, please bring with you:
| - the document to be signed (for declarations of approval: the contract which has been signed previously in Germany); |
|---|
| - a valid, official photo-ID (passport, SA ID-book) |
| - if you are not acting on your own behalf, but on behalf of e.g. a company, a ward, etc., please bring a document (original or certified copy) stating your power of attorney for the company / person, etc. |
The fee for the signature certification depends on the value of the legal transaction for which the document is needed and ranges between 20,- Euro and 250,- Euro. The fee is converted into ZAR according to the daily exchange rate at the German mission and may be paid by cash or credit card (Master and Visa cards only).
For signature certifications you may come to the competent German mission during visitor's hours, without prior appointment.
Signatures may also be certified (for the same fee) by a German Honorary Consul.
Full notarization
Enlarge image
(© www.apostille-service.de)
Full notarization will provide stronger legitimization of a document. While notarizing a deed, the consular officer also confirms the identity of the person appearing, but he will furthermore provide advice to the person signing about the legal meaning and consequences of the declaration to be notarized.
The text to be fully notarized will be drafted by the competent German mission on the basis of the information provided by you in advance, possibly (but not necessarily) on the basis of a draft by a German notary or lawyer. The notarization cannot be completed ad hoc and requires an appointment at least several days prior to the notarization.
Examples of legal transactions which require full notarization are:
| - irrevocable power of attorney relating to real estate matters |
|---|
| - a sworn affidavit |
| - application for a certificate of inheritance |
| - transferring an inheritance share to someone else |
| - deed regarding acknowledgement of paternity |
| - deed regarding child support |
To have a document fully notarized, please bring with you:
| - a valid, official photo-ID (passport, SA ID-book) |
|---|
| - in case you are acting on behalf of e.g. a company, a ward, etc., also bring a document (original or certified copy) stating your power of attorney for that company / person, etc. |
| - additional documents as required (prior consultation with the notarizing consular agent is mandatory) |
The fee for notarization will depend on the value of the legal transaction for which it is required (you can enquire about the fee in advance). The fee, calculated in Euro, will be converted into ZAR according to the daily exchange rate at the German mission and can be paid in cash or credit card (Master and Visa cards only).
Full notarization in accordance with German law cannot be executed by a German Honorary Consul nor by a South African "notary public".
