Does an electronic signature replace a notary?
Many people think a document is only valid if a notary signs it. The reality is that most private agreements don't need a notary, and an electronic signature is enough for them.
When you don't need a notary
Service contracts, leases, commercial agreements, NDAs, quotes and most documents between private parties are valid with an electronic signature, without notarial involvement.
When the notary does step in
Some acts require a public deed or notarial involvement by law, such as certain real-estate sales or company incorporations, depending on the country. In those cases the notary is still needed.
The practical rule
For your business's day-to-day, an electronic signature with an audit trail is enough and far quicker. If a specific procedure requires a notary, your advisor or your country will let you know.
Frequently asked questions
Does an electronic signature replace a notary?
In many cases yes, but not in all. For private agreements between the parties — service contracts, leases, NDAs, private loans — no notary is needed and an electronic signature is enough. For acts the law requires to be raised to a public deed, the notary remains essential.
When do I actually need a notary?
For property sales, wills, general powers of attorney, incorporation of certain companies and, broadly, any act that must be entered in a public registry. There the law requires notarial authentication, which an electronic signature does not replace.
What's the practical rule?
If no rule requires a public deed or registry entry, the document can be signed electronically. If the procedure goes through a public registry, you have to take the notarial route.
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