What is the difference between authenticating and notarizing?

Often, when faced with the need to legally validate a document, we hear about “authenticate” or “recognize signature”. However, many people end up confusing these terms and do not fully understand the difference between authenticating and notarizing.

That's why we at ZapSign have prepared this special article: today, we're going to demystify these concepts and explain these differences clearly and simply. 

Furthermore, we will also explain why documents signed through electronic signature do not require notarization, revealing how this innovation is simplifying legal and business processes.

By understanding the distinctions between these procedures, you will be better prepared to deal with important documentation issues in both your personal and professional life. Good reading!

What is the difference between notarization and authentication?

O notarization and authentication are distinct processes carried out in notary offices. In notarization, the notary simply compares the signature on a document with the signatory's signature form to confirm its authenticity, attesting that the signature corresponds to that of the person who signed it, regardless of the content of the document.

This procedure is fundamental to public faith and guarantees the authenticity of the signature, avoiding subsequent denials. Authentication involves checking a photocopy, ensuring that it is faithful to the original document, validating its authenticity.

Let’s now look at the details of each one.

Signature authentication

Signature authentication consists of a procedure in which a notary (or some other authorized official) certifies that the signature on a given document genuinely corresponds to the person's identity. This occurs when the person who signed the document appears in person to the responsible official and signs the document in his presence.

The signature authentication procedure is generally carried out when signing documents such as contracts, powers of attorney, deeds and wills – and in other situations in which the identity of the signatory is of paramount importance.

As a rule, signature authentication is carried out through the following three steps:

• personal attendance: firstly, the person signing the document must appear in person before the notary or authorized officer, to begin the procedure;
• ID document display: the signatory must then present a valid photo identification document to the officer – normally the ID or CNH being the most commonly used;
• signature in front of the officer: The document must be signed in the presence of the official, so that he can authenticate the signature, stamping the document with his official seal and certifying its genuineness.

signature recognition

Notarization, on the other hand, is not related to authenticating the signer's identity. Unlike the previous case, this procedure occurs in situations in which an official (usually a notary) needs to confirm that the signature on the document corresponds to a signature of the signatory previously recorded in their file.

Unlike notarization, notarization is often used in situations where the authenticity of the signature is more important than the identity of the signatory itself. 

Some more common examples of cases in which there is a need for notarization are the execution of commercial contracts and the sending of documents by mail.

There are also three steps to carry out the notarization procedure, as we will see below:

• previously registered signature: Firstly, the signatory must have their signature registered with a notary or other competent authority, before even needing to carry out the notarization;
• signature on the document: only after having their signature registered, the signatory must sign the document in question;
• comparison and recognition: The notarization procedure proceeds when the officer compares the signature on the document with the signature recorded in your file. If both are consistent with each other, he will then recognize the signature – generally, stamping the document with his official seal.

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How electronic signatures are being used as a substitute for notarization

In times marked by digitalization management processes, companies have been seeking to adopt the most diverse technological tools in order to modernize their operations and ensure a greater level of optimization and efficiency in their internal practices. Between management software, chatbots and other modern solutions, an intense process of renewal is unfolding before our eyes.

In this sense, the electronic signature stands out as one of the most adopted resources by organizations of all sizes and segments, due to the numerous benefits it presents over the traditional signature, especially with regard to strategic factors, such as agility, practicality and cost reduction.

Among the many benefits obtained by implementing this type of solution, one of the main ones regarding the difference between authenticating and recognizing a signature lies in the fact that the electronic signature serves as a perfect substitute for notarization. 

This is due to its ability to provide similar authenticity, traceability, integrity and convenience while meeting legal requirements in most countries.

In fact, the electronic signature feature for documents and contracts was designed precisely with the aim of presenting a more agile, optimized, secure and verifiable alternative to the traditional signature on paper, made by hand. 

Naturally, this involves simplifying most of the processes involved in manually signing a document, which include going to notary offices or sending the papers by mail.

For the time being, the only exceptions to the rule are in processes for transferring ownership of used cars and in transactions for buying and selling real estate, in which a public deed is still required – but it is estimated that it will only be a matter of time before paper is abolished from our contractual practices once and for all.

In fact, electronic signatures, when implemented securely, are capable of providing a high degree of authenticity. This is because electronic signature systems often require signers to robustly verify their identities before creating a digital signature.

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This is possible thanks to a process that may involve verifying passwords, security codes, biometric information (such as fingerprints or facial recognition) or even the use of authentication tokens – measures that, in themselves, are enough. to ensure that the person signing the document is in fact who they claim to be.

Additionally, unlike traditional notarization, electronic signatures often include traceability and integrity features. In this way, electronic signature systems are able to record each step of the signing process, including who signed, when and where. 

Additionally, they often protect the document from any modifications after signing, ensuring that the content remains unchanged.

These reinforced levels of security and reliability prove to be robust and virtually infallible, since the electronic signature, as it occurs digitally, is naturally linked to a unique identification, and can thus be verified quickly and efficiently, without requiring need to contact a notary or notary. 

In this way, time and resources are optimized towards a more agile and practical signature validation process.

As more and more countries around the world adapt their legislation to recognize the legal validity of electronic signature (provided, of course, that it meets the specific security and authenticity requirements), the resource has been gaining strength exponentially, being as legally binding, and as reliable for signature recognition, as traditional processes, made on paper, pen and stamp.

Another important point about replacing signature recognition with electronic signature is that the reduction in physical travel and costs associated with notary offices makes this type of contract celebration a much more economical and convenient option, allowing the parties involved to sign their documents. remotely, significantly saving time and money.

Last but not least, we would like to highlight that, regarding the difference between authenticating and recognizing a signature, by reducing the consumption of paper and other materials, electronic signatures significantly save natural resources – thus playing an important role in mitigating environmental impact. If we consider that, in the current scenario, sustainability and environmental issues are strongly present in the business world, this also becomes a particularly valid differentiator.

It can be seen, therefore, that, nowadays, when the sense of urgency dictates the rhythm of corporate relations, the increasing use of electronic signature platforms has established itself as an effective solution to simplify and modernize the processes for signing legal documents.

Thus, the significant expenditure of time and resources on notarization that we have been accustomed to for so long becomes unnecessary – and most importantly: keeping security and legal validity intact.

And, since we're on the subject, we'll end the article on the difference between authenticating and recognizing a signature by inviting you to download our completely free e-book with a complete guide on the issue of legal validity in electronic signatures. Click here to answer all your questions about this important topic!