Remote certification in the canton of Schwyz – new possibilities for certifications in absentia
More and more clients live, work or travel abroad, yet still need to sign certified documents in Switzerland. Until recently, this meant appearing in person, making appointments and going to a lot of trouble. Since 1 July 2024, this has changed in the canton of Schwyz. With the introduction of remote certification, signatures can now be certified even if the signatory does not appear in person before the certifying officer. With this innovation, the canton of Schwyz has created a modern, practical and legally secure solution that meets the needs of citizens, companies and institutions for greater flexibility without relaxing the proven duties of care.
1. Legal basis
The new regulation can be found in § 19 (2) and (3) of the Act on Certification and Authentication (BBG; SRSZ 210.210). ‘After prior consultation with the person concerned, the certifying officer may also certify their signature or hand sign in their absence on the basis of their recognition, provided that there is no doubt as to the identity of the person and the authenticity of their signature.’ Until this provision came into force, certification in absentia was not permitted in the canton of Schwyz. With the revision, the legislator expressly introduced remote certification, thereby taking into account existing practical needs.
2. What is meant by ‘remote certification’
The concept of remote certification is broader in the canton of Schwyz than in purely digital practice. It encompasses two forms:
a) Remote certification in the traditional (physical) sense
In this case, a signature that has already been provided is certified even though the person is not present, provided that:
- there is a prior agreement on remote certification,
- the person concerned has previously recognised their signature, and
- there is no doubt as to their identity and authenticity.
This recognition can be given verbally, by telephone, in writing or electronically, provided that the certifying officer knows the person or has a comparison sample. The certification can be done physically on paper. An electronic copy is possible but not required. This option allows signatures to be made remotely, for example in the case of stays abroad, illness or temporary unavailability, without the need for any electronic infrastructure.
b) Remote certification in the technical (digital) sense
In addition, there is digital remote certification by means of video identification and qualified electronic signatures (QES) in accordance with CertES or eIDAS. This option requires:
- Identification by video,
- QES of the signatory,
- Electronic certification and archiving by the certifying officer.
This enables fully electronic certification, which is ideal for advanced notary offices with a digital workflow.
3. Distinction from public certification
Remote certification only concerns the confirmation of the authenticity of a signature, but not the public certification of declarations of intent. The following are therefore not permitted:
- Marriage contracts and inheritance contracts,
- Real estate purchase agreements,
- Articles of association of AG/GmbH,
- Amendments to statutes, capital increases, mergers or transformations.
Such transactions still require personal involvement and public notarisation.
4. Areas of application in practice
Remote certification is particularly relevant in the areas of company law and administration, for example for:
- Commercial register entries (entries and exits, relocation of registered office, changes to signatures),
- powers of attorney, declarations of consent,
- forms for banks, insurance companies or authorities,
- certifications for persons residing abroad.
This means that the canton of Schwyz is now offering legally valid remote certification for the first time – efficiently, securely and flexibly.
5. Due diligence obligations and limitations
The certifying officer continues to bear full due diligence obligations (Section 4 BBG). They must ensure that the identity and signature are beyond doubt and that the process is documented. The Cantonal Court of Schwyz emphasised as early as 1999 (EGV-SZ 1999, 40, 121) that telephone certifications are only permissible for signatories who are personally known, otherwise a careful identity check is required.
6. Conclusion
With the revision of 1 July 2024, the canton of Schwyz introduced remote certification as a modern, practical instrument. It allows for certification in absentia – physically or electronically – and thus creates new scope for action for citizens, companies and institutions. At the same time, legal certainty is maintained: identity verification, recognition and documentation remain unchanged.
7. Cantonal comparison: Where is remote certification (expressly) possible?
The Schwyz regulation is one of the clearest and most modern in Switzerland. Explicit cantonal regulations:
- Schwyz (§ 19 para. 2 BBG); allows remote certification in absentia (physical and digital).
- Zug (§ 30 para. 2 BeurkG ZG); comparable regulation, but without digital component.
Indirect or partial admission:
- Basel-Stadt; certification possible if authenticity is recognised.
- Geneva; recognition and legalisation of samples permitted without digital basis.
No explicit regulation:
- Zurich, Bern; classic attendance requirement, remote certification without explicit legal basis.
This means that Schwyz and, to some extent, Zug are currently the only cantons that explicitly regulate remote certification by law.
8. Significance for LindemannLaw clients (Switzerland-wide & global)
LindemannLaw has access to notarial offices in the cantons of Schwyz and St. Gallen and offers clients throughout Switzerland access to the most modern forms of certification and notarisation. The location in the canton of Schwyz enables remote certification in accordance with § 19 BBG (SZ), while St. Gallen focuses on electronic notarisation.
For clients in Switzerland: We check whether your project requires certification (possible remotely) or public notarisation (in person or digital) and organise the entire process, including apostille or legalisation for international recognition.
For international UHNW and family office clients: Our global clients, often based in London, New York, Dubai or Singapore, benefit from coordinated, cross-border certification and notarisation logistics:
- Physical (absence procedure) or digital (video identification + QES), depending on the country and purpose,
- including apostille, legalisation and multilingual documentation (DE/EN/FR/IT),
- as well as discreet VIP appointment slots for confidential transactions.
Your added value:
- Efficient notarial certifications and notarizations without personal presence in Switzerland,
- High legal certainty and traceability according to Swiss standards,
- Consistent quality and discretion, from identity verification to international use of the document.
9. Electronic notarisation in the canton of St. Gallen
The canton of St. Gallen plays a leading role in Switzerland in the implementation of electronic public notarisation. It was one of the first cantons to implement the model of electronic documents (e-documents) created by the federal government on the basis of the qualified electronic signature (QES) in accordance with ZertES. Electronic notarisation is regulated by the Notarial Act (sGS 963.1) and the Notarial Ordinance (sGS 963.11). Since 2023, St. Gallen has been operating a fully functional technical infrastructure for digital documents. It allows notaries to carry out notarisation completely electronically, including:
- Identification of the parties via certified providers (e.g. Swisscom Trust Services, QuoVadis Trustlink),
- Electronic signing of all parties involved using QES,
- Digital signature and seal of the certifying officer,
- Archiving of the e-document in the cantonal electronic document register.
This solution meets all requirements under Art. 9a ff. of the Swiss Civil Code (ZGB) and the Ordinance on Electronic Signatures (VZertES). This makes St. Gallen Switzerland’s leading canton in the field of digital notarisation. The infrastructure available there forms the basis for LindemannLaw’s digital document practice, in particular for:
- Incorporations, capital increases, conversions and mergers (electronic company documents),
- Certification of general meetings in virtual formats,
- Electronic pension and power of attorney documents,
- Hybrid structures combining electronic certification with physical remote authentication.
LindemannLaw thus combines legal precision with technological excellence. We enable our clients to handle document processes completely digitally and at the same time in a legally secure manner in accordance with Swiss standards.
Contact:
Thomas Kostkiewicz, solicitor & certifying officer (Canton of Schwyz). Advice and support for certifications, including remote certifications, and electronic notarisation.
