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Martina Šumavská | July 26, 2021

Authentication of electronic signatures by a notary

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An amendment of the Code of Notarial Procedure is currently being discussed at the Senate, which is intended to enable authentication of electronic signatures as well. The specific conditions and technical processes are then governed by the amendment of government decree no. 351/2013 Coll., which is being prepared, but its version is not yet final and may be subject to changes.  

Technical conditions
It will only be possible to verify electronic signatures on documents in pdf format. It will only be possible to deliver the document to the notary by means of the data repository of the Notarial Chamber, via electronic mail or data box. It will not be possible to have the signature authenticated on a document presented on a data medium, such as for example a USB flash disc or CD/DVD/BD.

Process
The signing person will need to prove its identity, either in person or remotely by means of a video conference device, and then declare the signature its own. The notary will then add a special authentication clause to the document, to which he will add his qualified electronic signature, and he will then pass the document back to the applicant. Similar rules apply as for delivery of the document to the notary. The document therefore cannot be passed on to the applicant on a portable data medium, but only sent back by electronic mail, into the data box, or enable its download from the data repository of the Notarial Chamber.

Other news
In addition to the above-mentioned option to verify even electronic signatures, the amendment of the Notarial Procedure, which is being prepared, proposes a new Register of verified signatures and Collection of Documents, which will contain data on legalisations performed by notaries and on notarial deeds written by notaries. Another novelty, which the amendment of the Notarial Procedure, which is being prepared, introduces, is the option of writing some public documents in electronic form. It will therefore be possible to form a business corporation on-line, for example, without the physical presence at a notary.