Notarising the founding deed is a mandatory step when setting up corporations (UG, GmbH, AG) in Germany. The notary acts as an independent guarantor that the transaction is lawful and that the information for the court register is correct.

Choosing a notary and agreeing the texts in advance

There is no territorial restriction: founders can choose any notary's office in Germany. One to two weeks before the appointment, the notary receives the founders' personal details, possible company names, the business address and the draft articles of association to prepare the deed.

Language and interpreters

The notarial procedure is usually conducted in German. If a founder or managing director does not understand German well enough, the notary must arrange an oral translation. The interpreter must be sworn (beeidigter Dolmetscher) unless the parties waive this requirement; in practice, notaries usually bring in a sworn interpreter.

The signing appointment at the notary's office

At the appointment, the notary reads the founding protocol and the articles of association aloud in full and explains the legal consequences. The interpreter translates consecutively or simultaneously. After the reading, all founders and managing directors sign the document in the notary's presence.

Remote formation and powers of attorney

If a founder cannot attend in person, they can grant a notarised power of attorney (Vollmacht) with an apostille in their country of residence, or let a partner act for them and approve the transaction afterwards before a notary (Nachgenehmigung). For simple formations, there is also an online procedure through the Federal Chamber of Notaries' portal.

What to check

  • Check that all participants' passports are valid on the date of the appointment.
  • Agree on the interpreter with the notary's office in advance.
  • Check whether foreign documents need an apostille and a certified German translation.
  • Ask for the payment details for the notary's fees after the appointment.

Example situation

A founder who speaks German at B1 level brings a sworn interpreter to the appointment so that he understands every provision of the articles exactly and avoids any later dispute about what he signed.

Next step

The notary protects the parties' rights and makes the registration legally sound; plan the appointment seven to ten days before your intended start date.

Official information on this topic

Checklists and examples are organisational recommendations. Requirements depend on the procedure, the city and your situation; check them with the relevant office before you act. Please discuss legal and tax questions with an authorised professional.

This article was prepared with the help of AI. The example illustrates the approach and does not describe a client case.