Ausfertigung

Definition

Basic Definition

An 'Ausfertigung' is a certified copy of a document, created by a notary or court, which serves as a legally equivalent substitute for the original to provide binding evidence in the commercial register and other legal matters.

Detailed Explanation

An 'Ausfertigung' is a certified copy of a document created by a notary or court, complete with a certification note, signature, and seal. It confirms that the copy exactly matches the original document in content and form. In German legal transactions, the notarial 'Ausfertigung' plays a central role, particularly in the commercial register: Articles of association, shareholder resolutions, or amendments to statutes often need to be submitted as notarially certified 'Ausfertigung' to gain legal validity. Authorities and banks also regularly require an 'Ausfertigung' for real estate purchase agreements, certificates of inheritance, or powers of attorney because it guarantees the document's authenticity and prevents tampering. Unlike a simple copy or transcript, an 'Ausfertigung' is a legally equivalent substitute for the original and thus serves as official proof to government agencies, courts, and contractual partners. Those who need an 'Ausfertigung' apply directly to the certifying notary or the competent court. The issuance is subject to a fee according to the Court and Notary Fees Act. Thanks to security features such as embossed seals, marginal notes, and serial numbers, 'Ausfertigungen' in Germany maintain high evidential value and ensure maximum legal certainty.

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