Having a power of attorney certified or notarially recorded
Notary · Certification from €20
With powers of attorney, two things are constantly confused, and the difference decides whether the document is later accepted. In the case of certification, the notary only confirms that the signature comes from you – they do not examine the content. In the case of notarial recording, they additionally examine and document the content, the advice given and the capacity to contract.
Certification is quick and inexpensive: a 0.2 fee under KV 25100, and for a certification without a draft, the maximum fee is €70. Many notaries’ offices deal with it at short notice, sometimes without a long wait. For Handelsregister (commercial register) filings and most Grundbuch (land register) filings, this is exactly the right form.
It is not sufficient everywhere, however. If the authorised representative is to be able to sell or encumber plots of land, the notarial recording is the safe route. And for a lasting power of attorney (Vorsorgevollmacht), it is almost always the better choice, because there the documented capacity to contract is decisive if someone later disputes the power of attorney.
Notary fees are fixed by law and the same throughout Germany: under § 17 BNotO, the notary is required to charge the prescribed fees; discounts are not permitted. Comparing prices between notaries is therefore pointless.
