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 should now also enable the notarial profession to digitise.
In future, notaries in Switzerland will be able to create digital originals of public deeds, meaning that a physical original will no longer be mandatory. Until now, notaries were only able to create a notarised digital copy of the physical original. By combining this with a qualified electronic signature and electronic proof, the notarisation process can be completed completely digitally.
From now on, the original electronic deeds will be stored in the electronic register of deeds at the Federal Office of Justice, which was set up specifically for this purpose. This represents an important step towards more efficient administration and enables companies to establish themselves completely digitally. This development will reduce costs for both companies and the administration.
With the use of a Swiss e-ID, it would even be conceivable that notarisation would no longer have to take place locally. However, the cantonal laws on public notarisation and authentication in civil matters must also be observed here, as these may prescribe an on-site obligation or presuppose it through their wording.
It is expected that the Notarial Digitisation Act will have a positive impact on companies and the administration and lead to a more modern and up-to-date handling of public deeds.
Digitalisation is not only taking place in the notarial sector. There are also important changes in company law. Olivia Boccali has summarised the most important changes from 1 January 2023 for you. You can find the article here.
Would you like to set up a company? We prepare everything: Deed, articles of association, commercial register application and notarisation of signatures including notarisation. You can find more information here. You are also welcome to send us an e-mail to office@haerting.ch.