Directive 2025/25 for notaries

The Directive preserves preventive control. Where national law gives notaries a role, the digital process still has to verify the grantor's identity, legal capacity and authority to represent the company.

The notary's legal function

Member States must ensure that the competent authority, person or body verifies the identity and legal capacity of the person granting the power and that person's authority to represent the company [Directive (EU) 2025/25, Art. 16c(1)]. The Directive expressly accommodates notaries and other bodies mandated under national law.

The instrument must then be accepted as evidence of the authorised person's entitlement within its stated scope [Directive (EU) 2025/25, Art. 16c(2)].

What to prepare

• Map who performs preventive control under national law.
• Define how company-register information is checked at grant time.
• Capture scope and type of representation as structured data.
• Support amendments and revocation through the same evidential chain.
• Prepare for register-to-register authenticity enquiries, which carry a five-working-day response period [Directive (EU) 2025/25, Art. 16e].

What does not change

The Directive does not abolish national substantive rules on legal capacity, representation or notarial involvement. It removes specified cross-border formalities and establishes digital tools; it does not rewrite every national rule governing authority.