On 16 June 2023, both the National Council and the Council of States passed the Federal Act on Digitisation in the Notarial Profession (DNG; BBl 2023 1523) with a majority. This law is now also intended to enable the notarial profession to digitise.
Notaries in Switzerland will in future be able to create digital originals of public deeds, which means that a physical original will no longer be mandatory. Until now, notaries have only been able to create a certified digital copy of the physical original. By combining this with a qualified electronic signature and electronic proof, the certification process can be completed completely digitally.
The original electronic deeds will henceforth be stored in the electronic register of deeds of the Federal Office of Justice, which has been set up specifically for this purpose. This represents an important step towards more efficient administration and enables companies to incorporate completely digitally. This development can reduce costs both on the part of the companies and in the administration.
With the use of a Swiss E-ID, it would even be conceivable that certification would no longer have to take place locally. However, the cantonal laws on public authentication and certification in civil matters must also be taken into account, as these may prescribe an on-site obligation or require it by their wording.
It is expected that the Notaries’ Digitalisation Act will have a positive impact on businesses and the administration and lead to a more modern and up-to-date approach to public deeds.
Digitisation is not only taking place in the notarial sector. There are also important innovations in company law. Olivia Boccali has summarised the most important changes from 1 January 2023 for you. You can find the article here.
You want to set up a company? We will prepare everything: Deed, articles of association, commercial register application and signature certification incl. notarisation. You can find more information here. You are also welcome to send us an e-mail at email@example.com.