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Certyneo
Art. 1369 C. civ. · decree 2005-973 · eIDAS AES

Electronic signature: authentic deed or private deed, what is the difference for a notary?

A notary electronically signs two very different categories of deeds: the electronic authentic deed (AAE), reserved for deeds within their monopoly (real estate sale, gift, will, marriage contract), and advanced electronic signature (AES) for private deeds of the office (fee agreements, powers of attorney, agreements between clients). This page explains the distinction and clarifies what Certyneo covers — private deeds — and what it does not cover — the authentic deed, which remains governed by a system dedicated to the profession.

Legal framework
Art. 1369 C. civ. · decree 2005-973
Signature level
AES eIDAS recommended
Legal archiving
10 years included

Electronic authentic deed and advanced signature: two distinct regimes

The ELECTRONIC AUTHENTIC DEED (AAE) is defined by article 1369 of the Civil Code and decree no. 2005-973 of August 10, 2005: it concerns deeds within the notarial monopoly (real estate sale, gift, authentic will, marriage contract) and requires a qualified electronic signature from the notary via a secure system specific to the profession (REAL card, Telact platform or equivalent), outside Certyneo's scope. ADVANCED ELECTRONIC SIGNATURE (AES), defined by the eIDAS regulation, applies to PRIVATE DEEDS that the notary office signs in the course of its mission — fee agreement, engagement letter, succession management power of attorney, transactional agreement between heirs, confidentiality undertaking. These deeds do not fall under article 1369 and are validly signed in AES, with a level of proof recognized by article 1367 of the Civil Code. Confusing the two regimes is a common error: the nature of the deed (authentic or private), not the quality of the signatory, determines the required signature level.

Why sign electronically?

Legal certainty on the correct regime

Each private deed of the office is signed with a clearly identified eIDAS level (AES), distinct from the qualified system reserved for the authentic deed — no ambiguity about the applicable probative value.

No risk of confusion with AAE

Certyneo does not cover and does not claim to cover the electronic authentic deed; the office retains its dedicated system (REAL card, Telact) for these deeds, and uses Certyneo for all the rest of its client relationship.

A single tool for all private agreements

Fee agreements, succession management mandates, agreements between heirs, engagement letters: all signed in AES on the same platform, regardless of the number of clients involved.

Audit trail compliant with art. 1367 French Civil Code

Each private agreement is delivered with a proof PDF (identity verified by SMS OTP, timestamping, SHA-256 hash) that demonstrates its reliability in case of dispute.

4-step procedure

From preparation to legal archiving, in less than 5 minutes.

  1. 1. Identify the nature of the deed

    Check whether the deed falls under the notarial monopoly (authentic) or the firm's advisory mission (private agreement). Only the latter is covered by Certyneo.

  2. 2. Prepare the private agreement

    Upload the draft (fee agreement, mandate, engagement letter, settlement agreement) and verify the mandatory mentions required by notary regulations.

  3. 3. Sign in AES

    Add the notary and client(s); each signs with identity verification by SMS OTP, compliant with article 26 of the eIDAS regulation.

  4. 4. Archive with the correct classification

    The deed is archived as a private agreement, with its audit trail — distinct from the register of authentic deeds maintained by the firm.

Frequently asked questions

What is the difference between electronic authentic deed and advanced signature?
The electronic authentic deed (AAE, art. 1369 French Civil Code) concerns deeds under the notarial monopoly and requires a qualified signature via a device dedicated to the profession. Advanced signature (AES) applies to private agreements of the firm and is sufficient for their validity and probative force (art. 1367 French Civil Code).
Does Certyneo allow signing an authentic deed (sale, donation, will)?
No. These deeds are governed by article 1369 of the French Civil Code and decree no. 2005-973, which require a qualified device specific to the notarial profession (REAL card, Telact platform). Certyneo covers only private agreements of the firm.
Can a notary use Certyneo for part of their activity?
Yes — for all private agreements related to their mission: fee agreements, engagement letters, succession management mandates, agreements between clients. The authentic deed remains processed via the firm's dedicated device.
How do you know if a deed should be authentic or can remain a private agreement?
The law and notarial practice determine the nature of each deed: real estate sale, donation and will are authentic in nature; a fee agreement or agreement between clients remains, except in exceptional cases, a private agreement.
Does advanced signature (AES) have the same value as a qualified signature?
No — qualified signature benefits from a presumption of reliability (art. 1367 Civil Code), reserved for devices certified like those used for authentic acts. Advanced signature is admissible in court but its reliability must be demonstrated by the audit trail, without automatic presumption.
What does Decree No. 2005-973 on electronic authentic acts cover?
It sets the conditions under which a notarised act may be drawn up on electronic medium: qualified electronic signature of the notary, retention by a public or ministerial officer, and transmission to the central register of last wishes for wills.
Can authentic acts and private deeds be mixed in the same client file?
Yes, in practice a single file (a succession, for example) can contain an authentic act processed via the firm's dedicated device and several private deeds (fee agreement, settlement agreement between heirs) signed via Certyneo.
Where can I find the legal framework applicable to notarial private deeds?
Ordinance No. 45-2590 of 2 November 1945 sets the status of notaries, article 1367 of the Civil Code recognises the probative force of electronic signature, and regulation eIDAS (EU) No. 910/2014 defines the levels of electronic signature applicable in the European Union.

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