Electronic signature for notaries and notarial offices
Electronic signature solution dedicated to notarial offices for managing private deeds related to notarial missions: fee agreements, succession management mandates, client agreements, engagement letters, confidentiality undertakings. Compliant with notary status (ordinance no. 45-2590), decree no. 2005-973 on electronic authentic deeds, and eIDAS regulation — advanced signature recommended, archiving with probative value.
- Legal framework
- Notary status · art. 1369 C. civ.
- Signature level
- eIDAS AES recommended
- Legal archiving
- 10 years included
What can a notary sign electronically?
The notary operates in two distinct registers. AUTHENTIC DEEDS (real estate sale, donation, will, marriage contract, etc.) are governed by article 1369 of the Civil Code and decree no. 2005-973 of August 10, 2005 — they require an electronic authentic deed (AAE) with qualified signature of the notary via a secure device (REAL card, Telact platform or equivalent), not covered by Certyneo. PRIVATE DEEDS related to the notarial mission (fee agreements, engagement letters, succession management mandates, settlement agreements between heirs, confidentiality undertakings) are perfectly covered by advanced electronic signature (AES). Certyneo digitizes this entire client relationship of the office, with a level of proof compatible with the professional ethical requirements and notarial professional secrecy.
Why sign electronically?
Strong identification of clients
OTP SMS + email verification of the signer, qualified timestamp, SHA-256 fingerprint of the document. Compatible with the probative requirements of the notarial office and the notarial duty of advice (art. 4 of the national notary regulation).
Notarial professional secrecy respected
Chiffrement TLS 1.3 en transit, AES-256 au repos, isolation stricte des données par étude. Hébergement 100 % UE (Allemagne, IONOS), aucune sous-traitance hors UE. DPA conforme GDPR intégrant les clauses spécifiques au secret professionnel notarial (art. 23 ordonnance 1945).
Multi-client in succession or co-ownership
For notarial missions involving multiple clients (succession, co-ownership, partition), Certyneo manages sequential or parallel signature of all heirs or co-owners. Each receives a secure personalized link via OTP SMS on their own number.
Audit trail opposable to the Supreme Council
Each deed is delivered with a proof PDF: signer''s identity verified by OTP SMS, qualified timestamp, SHA-256 hash, IP. Opposable before the Supreme Council of Notaries in case of disciplinary dispute, and before all civil and commercial courts.
4-step procedure
From preparation to legal archiving, in less than 5 minutes.
1. Prepare the private deed
Upload your draft (fee agreement, engagement letter, management mandate, settlement agreement). Compliance with notary status (mandatory information: identity of the signing notary, jurisdiction of the departmental chamber, precise purpose).
2. Add signers
Notary + client(s). For successions or co-ownerships, add all co-clients (heirs, co-owners). Each receives a secure link with individual OTP SMS.
3. Choose the eIDAS level
Advanced signature (AES) recommended for notarial private deeds: identity verification by OTP SMS, unique certificate, qualified timestamp. Compliant with art. 26 of the eIDAS regulation and compatible with notarial ethical requirements.
4. Archiving with probative value
The finalized deed + audit trail are archived with probative value. Exportable at any time for transmission to a successor colleague or submission before the Supreme Council of Notaries.
Frequently asked questions
- Can a notary sign his private deeds electronically?
- Yes, without restriction. Private deeds related to the notarial mission (fee agreements, engagement letters, agreements between clients) are not authentic deeds within the meaning of art. 1369 Civil Code. Certyneo''s advanced signature (AES) meets probative and ethical requirements.
- Can Certyneo be used for authentic deeds (sale, donation, will)?
- No — notarial authentic deeds (art. 1369 Civil Code + decree 2005-973) require an electronic authentic deed (AAE) signed with a qualified device (REAL card, Telact platform). This is not Certyneo''s scope. However, Certyneo covers the entire PRIVATE DEED client relationship of the office.
- Can a notary''s fee agreement be signed electronically?
- Yes. The national notary regulation requires a prior written agreement but does not prescribe any particular form. Certyneo''s advanced signature + qualified timestamp satisfy probative and ethical requirements, with the advantage of precisely timestamping the conclusion of the agreement before the mission begins.
- How to comply with notarial professional secrecy?
- Certyneo applique un chiffrement TLS 1.3 en transit + AES-256 au repos, isolation stricte par étude, hébergement 100 % UE (Allemagne, IONOS) sans sous-traitance hors UE. DPA conforme GDPR intégrant les clauses spécifiques au secret professionnel (art. 23 ordonnance 45-2590).
- What signature level for a notarial deed under private signature?
- Advanced signature (AES) recommended. It provides the presumption of reliability (art. 1367 Civil Code) and meets the profession''s ethical requirements. SES is undersized, QES is oversized and more complex to deploy for deeds under private signature.
- How to manage multi-heir signature in succession?
- Certyneo natively handles signatures in series or in parallel among multiple co-clients. Each heir receives their personal link with SMS OTP on their own number. The unique audit trail gathers all signatures and timestamps — useful for succession settlement agreements.
- How long must notarial deeds under private signature be kept?
- Deeds under private signature related to a notarial mission must be kept for a minimum of 10 years (standard limitation period). For deeds related to a succession or estate file, longer retention is recommended. Certyneo archives for 10 years included, extension available.
- Is the electronic notarial deed under private signature enforceable?
- Yes — French case law unanimously recognizes eIDAS-compliant electronic signature. The presumption of reliability under art. 1367 Civil Code makes the advanced signature (AES) enforceable without further proof, including for deeds related to a notarial mission.
Also read
Digitalize your practice''s client relationship
Permanent free plan (5 envelopes / month), no credit card required. Compliant with notary status and eIDAS. Audit trail with probative value and 10-year archiving included.