Exemption from the ID card requirement - fraught with risks

Older people in particular often refrain from applying for a new ID card when it expires - for example, because they need care or rarely go out in public. However, what is well-intentioned can become a problem: Even in the case of an official exemption from the ID requirement, notaries are required to establish the identity of the parties involved beyond doubt. In these cases, the Saxony Chamber of Notaries warns of unexpected hurdles when notarizing wills, powers of attorney or real estate purchase contracts.

 Identity check at the notary is mandatory

Anyone attending a notarial appointment - be it for the notarization of a property purchase, a will or a power of attorney - should always bring a valid identification document with them. This is because it is one of the notaries' legal duties to establish the identity of all parties involved beyond doubt.

"If a party is not personally known to the notary, an official photo ID such as an identity card or passport must be presented," explains Dr. Tobias von Bressensdorf, Managing Director of the Saxony Chamber of Notaries. Foreign passports are also accepted; identity cards are also permitted for citizens of other EU countries. In certain exceptional cases, other forms of identification can also serve as proof.

A special feature applies in the area of application of the Money Laundering Act, e.g. for real estate purchase contracts or many corporate transactions. In these cases, the identity card or passport to be presented must still be valid.

 Exemption from the ID card requirement: a stumbling block with consequences

An often overlooked problem arises for people who have been exempted from the statutory ID requirement - for example, if they are permanently housed in a care home or are unable to move around in public on their own due to a disability. Although the competent authority can grant an exemption in such cases, the last ID card is often confiscated. "Caution is advised here. A granted exemption does not change the fact that identification must always be based on a photo ID," warns von Bressensdorf.

Without suitable proof of identity, notarial deeds cannot be drawn up with the usual evidentiary effects - which can lead to considerable disadvantages in retrospect. For example, the execution of a land contract at the land registry is extremely difficult if the notary is unable to establish the identity of a party beyond doubt. In such a case, notarial wills are also no longer fully suitable as proof of succession; further evidence must regularly be provided. The Saxon Chamber of Notaries therefore advises caution when exempting from the obligation to provide identification.

 Recommendation: Contact the notary early on

Anyone who discovers prior to a notarization that they do not have a valid ID should inform the notary's office of this as early as possible. In many cases, a temporary ID or alternative proof of identity can be used. "This avoids unnecessary delays and additional costs," emphasizes von Bressensdorf.