Public notarization in English is possible in Switzerland, but not everywhere and not for every transaction in the same way. Whether a deed is drawn up in English, bilingually or mandatorily in an official language depends on the canton where it is executed, and often also on the register where the deed will later be filed. Anyone from Germany, the United Kingdom or the United States setting up a Swiss GmbH, concluding a marital agreement or needing a power of attorney for Switzerland should therefore clarify three questions before booking the notary appointment: What form does the transaction require? Which language does the competent notary allow? And what does the authority that will ultimately accept the document require?
In short
- Switzerland has no uniform law on notarization: the procedure is largely governed by the cantons, which is why the language of the deed depends on the place and the notary.
- An English deed only makes sense if everyone involved understands it and the notary has a confident command of the language or brings in an interpreter.
- English alone is usually not enough for the commercial register: articles of association and contracts in other languages generally require an additional German (or cantonal) version or translation.
- Bilingual deeds (German/English) are often the most practical route, but they need a clear rule as to which version prevails in case of doubt.
- Notarization, certification, translation and apostille are four separate steps. Confusing them costs weeks.
Notarization, certification, translation: three separate operations
Most search results on this topic are about certified translations. That is a different operation from notarization, and the difference has consequences.
In a public notarization, a state-authorized notary records a legal transaction or a legally relevant fact in the form prescribed by law. The Zurich notarial offices explain in their glossary on public notarization that the word «public» refers to the notary, not to the procedure: no stranger is present. The purpose of the form is to give the parties full clarity about the transaction and to protect them from rash decisions.
In a certification, the notary only confirms the authenticity of a signature or that a copy matches the original. The notary does not review the content of the document.
A certified translation, finally, confirms that a translation corresponds to the source text. It does not turn an English contract into a Swiss public deed.
The translation of the word itself is not clear-cut either. The Cambridge Dictionary gives, among others, «certification» and «registration» for «Beurkundung» and translates the notarization of a sale contract with «notarization». For the Swiss public notarization, «public deed» is the most precise choice. «Certification» alone sounds to an English-speaking counterparty like a mere signature certification, and precisely this misunderstanding leads to wrong expectations in international transactions. If you have to explain to a business partner in London or New York what is happening in Zurich, write «Swiss public deed executed before a notary» rather than just «notarised».
Can a Swiss deed be in English?
The short answer: federal law requires public notarization for certain transactions, but the procedure is regulated by the cantons. The canton of St. Gallen notes on its page about notarization and certification that the Civil Code requires public notarization for certain contracts and declarations. Exactly how notarization is carried out, in which language and with which participants, is a matter of cantonal law.
On top of that, the cantons organize their notarial system differently. The analysis by the Price Supervisor on cantonal notarial tariffs distinguishes three systems: the free notariat with self-employed notaries (e.g. in Geneva, Vaud, Bern, Aargau, Basel-Stadt and Ticino), the official notariat with state-employed notaries, and mixed forms. In the canton of Zurich, state notarial offices perform notarizations. In the free notariat, by contrast, you can specifically choose a notary who is comfortable with English.
What all systems share: the notary must make sure that each party understands what it is signing. The Zurich Notariat Ordinance requires, for instance, that the notary declare on the deed that it contains the parties' intent, that it has been read, acknowledged as correct and signed by the parties, and that the notary state whether the deed was read aloud or read by the parties themselves. An English deed that one party does not understand does not fulfil this purpose, nor does a German deed for a founder who only reads English.
The expert group of the Federal Office of Justice addressed exactly these points in its report on a uniform notarization procedure: the language of the deed, foreign-language parties, reading aloud, approval and signing. The report describes notarization as a procedure with a protective, evidentiary and clarifying function. For practice, this means: a good English draft is only the start. What matters is whether the notary can run the procedure cleanly in that language.
Comparison with Germany
Those coming from Germany know a clear rule. Under section 5 of the Notarization Act, deeds are drawn up in German as a matter of principle, but the notary may notarize in another language upon request if he has sufficient command of it. If a participant does not understand the language of the deed, the record must be translated under section 16 of the Notarization Act. In Switzerland, no such nationwide rule exists. So do not assume that a Zurich or Geneva notary works like your notary in Munich or Hamburg.
The bilingual deed: often the best route
For many international matters, a bilingual version in two columns, German on the left and English on the right, is the most practical solution. The foreign participants read their language, and the register receives a version in its official language.
The reason usually lies in the commercial register. The Commercial Register Office of Basel-Stadt states in its guidance on content, form and language of commercial register documents that foreign-language documents with content that is not straightforward, such as articles of association, contracts, incorporation reports and testamentary dispositions, must be submitted both in the original and in a German translation. The translator must sign the translation and state her qualifications. Other cantons set their own rules based on their respective official languages. Clarify with the competent commercial register office which version it requires.
For a bilingual deed to work, it needs three things:
- A prevailing version clause. The deed should state which version prevails in case of discrepancies. For Swiss registers, this is usually the version in the official language.
- Identical content. Both columns must say the same thing, down to amounts, deadlines and company names. Discrepancies between the versions become disputes later on.
- Clean terminology. Terms such as «Stammkapital», «Geschäftsführer» or «Zeichnungsberechtigung» have no exact English equivalents. A legally reviewed translation prevents the English version from promising something different from the German one.
Typical transactions and what to watch for linguistically
Setting up a GmbH or AG. The deed of incorporation and the articles of association are publicly notarized and then filed with the commercial register. Here the bilingual version is standard when foreign founders are involved. What else to check is set out in our article on the notarization of a GmbH or AG.
Marital contract and inheritance contract. Both require public notarization. These are not about registers but about personal, often lifelong decisions. If a spouse does not understand German, a version in his language or a translation at the appointment is not just a comfort but a precondition for the contract not to be challenged later.
Real estate purchase. The purchase of an apartment or house also requires public notarization. Because the deed then goes to the land registry, you should clarify in advance which language version it accepts. A deed solely in English is rarely the easiest route here.
Power of attorney and signature certification. An English power of attorney for a bank in London can be certified in Switzerland without difficulty, because the notary only confirms the signature. The Zurich notarial offices describe on their page on certifications that they verify the identity of the signer with a valid passport or identity card. How to prepare a power of attorney for use abroad is explained in our article on the apostille for powers of attorney.
Procedure for an English or bilingual notarization
- Clarify form requirements. Does the transaction require public notarization or is a signature certification enough? That determines effort and costs.
- Clarify jurisdiction and language. Which canton, which notary? Ask explicitly whether notarization is done in English, whether only bilingually, or whether an interpreter must be brought in, and who provides her.
- Prepare and review the draft. The draft should be legally and linguistically final before it reaches the notarial office. Changes on the day of notarization cost time and often a new appointment.
- Gather documents. Identity documents, register extracts and proof of authority, where applicable with apostille and translation.
- Attend the appointment. The deed is read aloud or read by the parties, approved and signed.
- Follow-up steps. Certified copies, filing with the commercial register or land registry, and, if the deed is to be used abroad, apostille or legalization and translation.
Allow enough time for step 4 when foreign documents are involved. An English commercial register extract of a parent company often itself needs an apostille and a certified translation before a Swiss notary will accept it.
What to bring to the appointment
- A valid passport or identity card for every signatory
- The final, unsigned draft in all language versions
- For companies, a current commercial register extract and proof of signing authority, such as a power of attorney or a board resolution
- For foreign companies, the corresponding documents with apostille and, where applicable, translation
- The written requirements of the foreign receiving authority, if the deed is to be used abroad
Which proofs are required exactly varies by canton, notary and transaction. Ask in advance in writing for a list.
What English notarization costs
There is no single Swiss price. The Price Supervisor has compared the cantons' tariffs for standard transactions such as real estate transfers, company formations, marital and inheritance contracts and signature certifications. Many fees are based on the transaction value, and disbursements, legal advice or drafts may be billed separately.
For an English or bilingual deed, typical additional items are:
- The translation or bilingual drafting of the deed
- An interpreter at the appointment if the notary does not notarize in English himself
- Apostilles and certified translations of foreign documents
- Register extracts: a certified commercial register extract costs CHF 50 in the canton of Zurich according to the Commercial Register Office of Zurich and is available, among others, in English
A serious cost estimate therefore requires at least the canton, the type of deed, the transaction value and the language question. Anyone quoting you a flat online price for «notarization in English» without knowing these points can hardly hold it.
After notarization: apostille, legalization and translation
If the deed is to be used abroad, the work is not done with the signature. Whether an apostille suffices or a consular legalization is needed depends on the destination country and the applicable treaties. The Swiss representations abroad make clear on their page on legalizations that a legalization only confirms the authenticity of a signature or seal and takes no responsibility for the content or validity of the document. The content review must therefore happen before notarization, not only at the apostille stage. The difference between the two procedures is explained in detail in our article on apostille versus legalization.
Increasingly, deeds are also issued electronically. The Federal Office of Information Technology refers on its page on public deeds and certifications to the Ordinance on the Issuance of Electronic Public Deeds and Electronic Certifications (EÖBV, SR 211.435.1), which governs the issuance and verification of electronic copies. Whether a foreign authority accepts such a format should be clarified with it in advance. And if the recipient additionally requires a translation, our guide to certified translations in Switzerland will help.
Our view from practice
We advise clients whose business is spread across two legal orders and at least two languages. We see the same pattern again and again: the question «Can I notarize in English?» is asked too late. The draft is already in English, the appointment is booked, and only then does it turn out that the register requires a German version or that the notary does not notarize in English.
Our recommendation is therefore to treat the language question as a legal question, not as a translation task. A bilingual deed is only as good as the match between its two versions. Terms such as «Stammkapital», «Sacheinlage» or «Errungenschaftsbeteiligung» cannot be rendered word for word; their legal effect must be explained.
That is exactly why we work without external interpreters: our lawyers advise directly in German, English, French, Ukrainian and Russian. In other words, the person who reviews the contract is the same person who explains it to you in your language. And we stay at your side from the first meeting through to the notarization, including apostille and translation support afterwards.
— Bitblade
Support from draft to deed
Planning a company formation, a marital contract or a power of attorney with English-speaking parties? We clarify form requirements, language and jurisdiction in advance, draft or review the deed in both languages and coordinate the appointment with the notary. The initial consultation and assessment starts at CHF 150 per hour. For clearly defined services such as contract review, company formation or apostille with power of attorney and translation, see our offerings under Packages and fees, and an overview of all practice areas under our Services.
Frequently asked questions
Can a Swiss notary notarize in English?
Yes, if cantonal law allows it and the notary has a confident command of the language. In many cases notarization is bilingual or an interpreter is brought in. Ask the competent notarial office explicitly in advance.
Does the commercial register accept English articles of association?
Usually not as the sole version. The Commercial Register Office of Basel-Stadt, for example, requires an additional German translation for foreign-language articles and contracts. A bilingual version with a prevailing clause for the official language is therefore the usual route.
What is the difference between notarially certified and notarially notarized?
In certification, the notary only confirms the authenticity of a signature or copy. In notarization, the notary records the entire legal transaction in the prescribed form and makes sure that the parties understand it. In English, one is called «certification of signature», the other «public deed».
Do I need an apostille for a Swiss deed used abroad?
That depends on the destination country. If it is a party to the Hague Apostille Convention, an apostille usually suffices; otherwise a consular legalization may be required. Some countries additionally require a certified translation.