The certification of the authenticity of the signature of the interested party is carried out by any administrative authority on the basis of the identity card. The certification of the authenticity of the signature is provided for by the provisions of paragraph 1 of Article 11 of Law 2690/99 “Ratification of the Code of Administrative Procedure and other provisions” (Government Gazette 45/A/9-3-1999), as supplemented by paragraphs 3 and 4 of Article 16 of Law 3345/2005 (Government Gazette 138/A/16-6-2005).
More specifically:
Law 2690/1999
Article 11
Certification of the authenticity of the signature
”1. The certification of the authenticity of the signature of the interested party is carried out by any administrative authority on the basis of the identity card or the corresponding documents provided for in Article 3.”
Article 3
Applications to the Administration
”4. The identity details mentioned in the application, where Greek citizens are concerned, are proven by the identity card or the relevant temporary certificate issued by the competent authority, or the passport, or the driving licence, or the personal health booklet of any social security institution. The identity of foreigners is proven, in the case of citizens of an EU Member State, by the identity card or passport, while in other cases by the passport or other document on the basis of which entry into the country is permitted, or documents issued by the competent Greek authorities. The identity of legal persons is proven in accordance with the provisions in force at their registered seat.”
Law 3345/2005
Article 16
”3. In the first paragraph of Article 11 of Law 2690/1999, after the phrase “by any administrative authority”, the phrase “or the Citizens’ Service Centres (KEP)” is added.
4. At the end of the first paragraph of Article 11 of Law 2690/1999, the following sentence is added: “Certification of the authenticity of the signature of the interested party is not required when the latter appears in person for personal matters at public sector services or KEP, presenting the identity card or the corresponding original documents.”
Law 3448/2006
Article 17
”KEP employees, regardless of their status as permanent staff, employees under private-law employment contracts, or under contracts for services, have the authority to certify the authenticity of signatures and to certify copies, in accordance with the applicable provisions.”
In summary:
The certification of the authenticity of the signature of the interested party is carried out by any administrative authority or by the KEP, on the basis of the identity card or the corresponding documents provided for in Article 3 of Law 2690/1999.
Certification of the authenticity of the signature of the interested party is not required when the latter appears in person for personal matters at public sector services or KEP, presenting the identity card or the corresponding original documents.
Opinion of the Legal Counsel of the Ministry of the Interior, Public Administration and Decentralisation
No. 1311 / 11.9.2003
”II. From these provisions, which obviously refer to documents issued within the national legal order and originating from domestic administrative authorities, it follows beyond doubt that any interested party may request from such authorities both the certification of the authenticity of his signature and the certification of a copy from the original or from the certified copy of the authority that issued the original, without any obligation on their part to carry out any further check related to whether or not the document is objectionable, something which is moreover neither provided for nor appears to make any sense, since this concerns a document issued by a Greek administrative authority, and this irrespective of the language in which the document is written, that is to say in Greek or in another foreign language, since the above provisions make no distinction, and equally regardless of whether it is another foreign-language text, officially translated into Greek by the Translation Service of the Ministry of Foreign Affairs, in view of the fact that all such documents constitute public documents with full evidentiary force as to what is certified to have been done by or before the person who drew them up, and that person is materially and territorially competent to make such certification (See Opinion of the Legal Council of State 335/2002).”
”… no Administrative Authority, either when certifying the authenticity of a signature or when certifying a copy, is obliged to check whether the document is objectionable or not, even if it is written in a foreign language; it suffices that the authorised employee can ascertain that it is a document of a domestic authority, original or certified copy, and irrespective of whether it is to be submitted to domestic or foreign authorities. In the same way, with regard to foreign-language documents intended to be submitted to a foreign authority, no obligation is provided for or follows from the Code to submit an unofficial Greek translation of it, which (translation), after the certification of the authenticity of the translator’s signature on it, would have to be kept in the archives of the service that performed the certification.”
Opinion of the Legal Counsel of the Ministry of the Interior, Public Administration and Decentralisation
1. Competence of Authorities/Services for the certification of the authenticity of signatures.
Any citizen may request the certification of the authenticity of a signature from all Administrative Authorities and the KEP. For faster service to citizens, the authenticity of the signature is certified by all employees serving at the KEP, regardless of their status as permanent staff, private-law employees, or employees on contracts for services.
It is noted that the competence of the KEP to certify the authenticity of signatures does not abolish the corresponding obligation of the other Administrative Authorities. Consequently, both the refusal of an Administrative or Police Authority to certify the authenticity of a signature, on the pretext that the KEP is competent for this, and the referral of the citizen for that specific administrative act to another Administrative Authority, are unlawful.
It is noted that the above also apply to the services of the Hellenic Police, to which the provisions of Article 11 of Law 2690/99 — “Code of Administrative Procedure” apply.
[Relevant documents: DISKPO/F.15/oik.8413 / 18.4.2006, DISKPO/F.15/oik.6178 / 21.3.2006, DISKPO/F.15/oik./13143 / 1.7.2005, DISKPO/F22/5583 / 22.3.2005, DISKPO/F22/21630 / 12.10.2004]
2. How is the authenticity of a signature certified by Mayors?
Mayors, as heads of the services of the Municipality, may certify the authenticity of signatures and may delegate this competence to deputy mayors.
[Relevant documents: DISKPO/F.15/15644 / 29.8.2005, Directorate for the Organisation and Operation of Local Authorities of the Ministry of the Interior, Public Administration and Decentralisation, no. 8777 / 28.2.2006].
3. May a competent employee certify the authenticity of his own signature?
According to Article 36 of Law 2683/1999: ”1. An employee is not permitted, either individually or as a member of a collective body, to undertake the resolution of a matter or to participate in the issuance of acts, if he himself or his spouse or a relative by blood or affinity up to the third degree, or a person with whom he is in a relationship of particular friendship or enmity, has a manifest interest in the outcome of the case. 2. Breach of the provision of the preceding paragraph constitutes grounds for annulment of the relevant administrative act. 3. Employees who are spouses or relatives of each other by blood or affinity up to the third degree are not permitted to be members of the same collective body.”
Consequently, an employee of an Administrative Authority or Citizens’ Service Centre who has competence to certify the authenticity of signatures is not entitled to certify the authenticity of his own signature, in a power of attorney, either as the person granting the authorisation or, in a third party’s authorisation, as the person being authorised.
It is obvious that the certification of the authenticity of the signature will be carried out either by the statutory deputy of that employee or by an employee of another Administrative Authority.
[Relevant documents: DISKPO/F15/3726/2.5.2006]
4. In which cases is certification of the authenticity of a signature not required?
Certification of the authenticity of the signature is not required when the interested party appears in person for personal matters at public sector services or KEP, presenting the police identity card or the corresponding original documents.
Furthermore, the provisions governing the solemn declaration do not require the certification of the authenticity of the declarant’s signature for its submission, unless otherwise provided by more specific provisions.
[Relevant documents: DISKPO/F.15/oik./13143 / 1.7.2005, DISKPO/F22/5583 / 22.3.2005]
5. Which documents are required for the certification of the authenticity of a signature?
In order to certify the authenticity of a signature, the following are required:
– For Greek citizens: the police identity card, or the relevant temporary certificate of the competent authority, or the passport, or the driving licence, or the personal health booklet of any social security institution.
– For citizens of EU Member States: the police identity card or the passport.
– For other foreigners: the passport or other document on the basis of which entry into the country is permitted, or relevant documents issued by the competent Greek Authorities.
It is noted that the originals of the above documents must be presented; the authenticity of the signature cannot be certified upon presentation of other documents (e.g. lawyer’s identity card, etc.) as proof of the identity of the parties.
Furthermore, with regard to third-country nationals whose entry and residence is regulated by Law 3386/05 (Government Gazette 212A/23.08.05), the following apply:
Article 84(1) of the above law provides that “public services, legal persons of public law, local authorities, public utility organisations and undertakings, and social security organisations, are obliged not to provide their services to third-country nationals who do not have a passport or other travel document recognised by international conventions, an entry visa or a residence permit, and who do not generally prove that they have entered and reside legally in Greece”.
Consequently, in order for the authenticity of the signature of a third-country national to be certified, a valid passport must be presented to the competent authorities, together with:
(a) where the purpose of entry into the Country is a short stay: a valid tourist entry visa or an open three-month period that has not expired counting from the entry stamp into Greece for third-country nationals coming from countries for which no entry visa is required, or a stamp extending the above for up to six months issued by the competent police authorities (Article 70 of Law 3386/2005).
(b) where the purpose of entry into the Country is permanent residence: a valid national entry visa for one of the reasons under Law 3386/2005, or a valid residence permit or residence card (Article 9(3) of Law 3386/2005), or a (blue) certificate that an application for the granting or renewal of a residence permit has been timely submitted with all the required supporting documents. The holders of such a certificate are deemed to reside lawfully in the Country until the Administration decides on their application (Article 11(4) of Law 3386/2005).
The provisions of Article 84 of Law 3386/05 above exclude, in accordance with paragraph 2 of the same article, the case of certification of the authenticity of the signature of detained foreigners for the purpose of authorising lawyers, in order to be represented before judicial authorities and provided that their identity details are proven by any public document.
[Relevant documents: DISKPO/F22/5583 / 22.3.2005, DISKPO/F.15/oik./13143 / 1.7.2005, DISKPO/F15_OIK_22634/10.11.2005, DISKPO/F15_OIK_22989/16.10.2006, DISKPO/F15_26034 ref.: 26517 / 24.11.2006, Directorate for Aliens & Migration of the Ministry of the Interior, Public Administration and Decentralisation, no. 17733/06 / 13.11.2006].
6. Can the authenticity of a signature be certified upon presentation of an “old-type” or “cut” police identity card?
According to Circular No. DISKPO/F.18/OIK.5812/6-3-2007 of the Deputy Minister of the Interior, Public Administration and Decentralisation, “old-type” or “cut” police identity cards are now accepted exclusively for proving the identity details of a person, during the processing of administrative procedures provided for by the provisions of the “Code of Administrative Procedure”, such as, for example, the certification of the authenticity of a signature.
7. Is the authenticity of a signature certified upon presentation of a military identity card?
According to document Ref. No. F. 416/68149/12-02-2007 of the Directorate of Administrative Support and Organisation of the Hellenic National Defence General Staff, Administrative Authorities and KEP are entitled to certify the authenticity of the signature of a citizen upon presentation of a military identity card, given that:
(a) the provisions of Articles 3 and 11 of the “Code of Administrative Procedure” (Law 2690/99) refer generally to an identity card and do not distinguish between “police identity card” and “military identity card”;
(b) the competence of the military authorities to issue military identity cards is provided for by relevant legislation (Legislative Decree 127/69); and
(c) the provisions of Article 7(1) of Law 1599/1986 expressly provide that, under the provisions of that law, military identity cards are also considered identity documents.
[Relevant documents: DISKPO/F.18/4463/2-3-2007, Hellenic National Defence General Staff / Directorate of Administrative Support and Organisation, no. F. 416/68149/12-02-2007.
8. Can the authenticity of a signature be certified upon presentation of a police identity card if family status, occupation or address of residence have changed?
As regards the change of identity details concerning family status, address of residence and occupation, the provisions of paragraph 5 of Article 3 of Law 2690/99 provide that such details, where changed, are declared and accepted on the basis of a solemn declaration by the interested party.
However, for the act of certifying the authenticity of a signature no check, or correspondingly any solemn declaration of change of these details, is required, since the act of certification of the authenticity of the signature is not affected by these details, nor are any further details retained by the administrative body that performs the act of certification.
[Relevant documents: DISKPO/F.22/6137 / 7.4.2003]
9. Can the authenticity of a signature be certified upon presentation of an identity card issued during a period when a different form of government was in force, e.g. a Crowned Republic?
The fact that identity cards bear the form of government of the period in which they were issued, which may differ from the Parliamentary Republic currently in force in our Country, does not affect the act of certification of the authenticity of the signature as regards the proof of the identity details of the interested party.
[Relevant documents: DISKPO/F.22/6137 / 7.4.2003]
10. Is a certification of authenticity of signature carried out by a foreign authority acceptable?
A certification of the authenticity of a signature carried out by a foreign authority, within the framework of a foreign legal order, does not entail for the Greek Administration any of the obligations provided for by the Code of Administrative Procedure.
[Relevant documents: DISKPO/F15_4301 / 12.4.2006]
11. Procedure for the certification of the authenticity of a signature.
Under the Regulation on Communication of Public Services, in order to certify the authenticity of the signatures of interested parties, an annotation is made on the body of the text of the document on which such certification is requested, by the competent employee of the administrative Authority, who indicates by hand or by a corresponding rectangular stamp:
– The title of the body carrying out the certification.
– The phrase “the authenticity of the signature of … is hereby certified”.
- The full name and father’s name, as well as the number of the police identity card or other corresponding document of the interested party.
- The place and date of the certification.
– The full name and signature of the competent employee carrying out the certification, and the official (round) seal of the Service.
Non-permanent employees of the Citizens’ Service Centres also indicate, in addition to the above, the relationship under which they serve at the KEP, e.g. Konstantinos Papadopoulos, employed under a contract for services or as an employee under a private-law employment contract of indefinite/fixed duration.
In order for the authenticity of the signature of the interested citizen to be certified by the competent administrative body, the citizen’s identity must be proven by the document presented in accordance with the foregoing as belonging to the person signing before the administrative body. If the photograph borne by the document presented for proving identity does not allow identification with the person signing, certification of the authenticity of the signature is obviously not possible.
[Relevant documents: Regulation on Communication of Public Services (KEDY) – Ministry of the Interior, Public Administration and Decentralisation / General Secretariat of Public Administration / Athens, January 2003, DISKPO/F.15/oik. 8413 / 18.4.2006, DISKPO/F.22/6137 / 7.4.2003].
12. Is the competent body required to read the documents on which certification of the authenticity of the signature is requested?
It goes without saying that, in order for the aforementioned conditions of legality to be met, the Administrative Authorities are obliged to read the relevant documents. The issuance of an administrative act, which in this case is the certification of the authenticity of the signature on a document, gives rise to legal effects, and therefore the Administration cannot participate while being unaware of the content of the relevant documents. The Administration, however, in taking note of such content, does not address the merits.
It is noted, with regard to issues of confidentiality, that this administrative procedure is not carried out by any person, but by an organ of the Administration which, in accordance with the provisions of Article 26 of the Civil Servants’ Code (Law 2683/1999, Government Gazette 19, A, 9.2.1999), is required to maintain confidentiality regarding matters classified as confidential by the legislation in force, as well as in any case where this is required by common experience and reason, in respect of facts or information of which it becomes aware in the performance of its duties or on the occasion thereof.
[Relevant documents: DISKPO/F.15/18587/31.08.2006, DISKPO/F15_18276/ 6.9.2006].
13. How is the authenticity of the signature of an illiterate citizen certified?
The certification of the authenticity of the signature of a citizen who declares himself illiterate is carried out in accordance with what is stated on his identity card, where in some cases the indication “unable to sign” is noted.
Given that there is no statutory framework for the certification of the authenticity of the signature of an illiterate citizen, the administrative practice followed is the marking of a “cross” or an “x”, or another person (e.g. the employee) writes the initials of the first name and surname of the illiterate citizen and he copies them.
It is, however, advisable in such cases for the competent employee to certify on the document of that citizen that the citizen in question is illiterate.
[Relevant documents: DISKPO/F15/oik.1345 / 19.1.2006]
14. How can the authenticity of signatures be certified on a document signed by two or more interested parties?
From the provisions of Article 11 of the Code of Administrative Procedure, no prohibition follows on the certification of the authenticity of the signature of an interested party on documents that are to be signed by two or more interested citizens.
[Relevant documents: DISKPO/F22_OIK_3867 / 24.2.2005].
15. How can the authenticity of the signature of a person holding a special power of attorney be certified, on a relevant document, on behalf of his principal?
According to Opinion No. 563/2005 of the Plenary Session of the Legal Council of State, which has been accepted by the Minister of the Interior, Public Administration and Decentralisation and therefore now constitutes an act binding on the Administration, persons holding a special power of attorney for the handling of a case may, within the framework of that case, complete and sign on behalf of their principal solemn declarations under Article 8 of Law 1599/1986.
Such solemn declarations may, all the more so, be drawn up and signed by third parties who are not connected with the handling and processing of a specific case, provided that they have been specifically authorised for this purpose by a special power of attorney, in which the content of the declarations to be signed is precisely set out.
The aforementioned solemn declarations bear the details and signature of the authorised citizens, whose signature is certified provided that the conditions of Article 11 of Law 2690/99 are met.
16. How can the authenticity of the signature of a minor be certified?
Provided that the minor holds a police identity card, the authenticity of his signature is certified on any document containing a complete declaration of his will.
As regards the content of the document, it is for each Authority to decide whether to accept it, in accordance with the special provisions governing the procedure.
17. How can the authenticity of a signature be certified on a “holographic declaration of distribution of property” (holographic will)?
On a holographic declaration of distribution of property (holographic will), the authenticity of the signature cannot be certified by an Administrative Authority, since its drafting and legality are governed by special provisions. Further information may be requested from the materially competent Directorate for the Legal Profession, Land Registries and Cadastral Offices of the Ministry of Justice at telephone number 2107767232.
[Relevant documents: DISKPO/F15/OIK/14923 / 30.6.2006].
18. Can the authenticity of a signature be certified on a blank page?
The certification of the authenticity of a signature is carried out only on documents, that is to say on texts which include the declaration of the will of the interested party or another element intended for or suitable to prove a fact of legal significance.
Consequently, the certification of the authenticity of a signature is not permissible on blank paper, nor on forms (solemn declaration, certificate, authorisation, etc.) on which only the indications of the identity details of the interested party have been completed, since these do not constitute documents in the above sense. It is, however, possible to certify the authenticity of the signature on documents that contain corrections or blanks.
[Relevant documents: DISKPO/F22/21630 / 12.10.2004, DISKPO/F15/oik.5897 / 21.3.2006].
19. Can a certification of authenticity of signature be placed on a document written in another language?
Any interested party may request the certification of the authenticity of a signature on a document from any administrative authority, irrespective of the language in which the document has been drawn up, since no corresponding distinction based on the language of drafting follows from the provisions of the Code of Administrative Procedure (Law 2690/99).
From the same provisions, no prohibition follows on the Administration certifying the authenticity of a signature on a document which is to be submitted to a foreign authority. The Administrative Authorities are obliged to certify authenticity regardless of the further use of the relevant documents.
Furthermore, in order for the authenticity of a citizen’s signature to be certified by the Administrative Authorities and the KEP on a foreign-language document, no submission of a translation of that document is required.
It is noted that the procedure for the certification of the authenticity of a signature is distinct from that of the Hague Apostille (apostille), clarifications regarding which may be requested from the competent Directorate of Organisation and Simplification of Procedures of the Central Service of the Ministry of the Interior, Public Administration and Decentralisation at telephone number 210-3245254.
[Relevant documents: DISKPO/F22/21630 / 12.10.2004, DISKPO/F15/24419 / 9.11.2006, DISKPO/F15_26162 / 5.12.2006].
20. Is a check carried out as to the objectionable nature of the documents on which a certification of authenticity of signature is to be placed?
For the administrative Authorities from which the certification of the authenticity of a signature or the certification of copies is requested, no obligation arises to check whether the relevant documents are objectionable, irrespective of whether they are to be submitted to domestic or foreign authorities. Nevertheless, the authenticity of a signature cannot be certified on a declaration whose content constitutes a criminal offence or clearly violates morality. For example, the authenticity of a signature cannot be certified on a declaration that is manifestly false.
[Relevant documents: DISKPO/F22/21630/12.10.2004, DISKPO/F15_OIK_22983/16.10.2006].
21. Is the authenticity of the signature of a ship’s crew at sea certified by the Captain?
According to Opinion No. 354/01-10-2009 of the 7th Section of the Legal Council of State, which has been accepted by the Minister of Economy, Competitiveness and Shipping, the captain of a ship is granted the competence to certify the authenticity of the signatures of the members of the ship’s crew, as well as of his own.
More specifically, according to that Opinion, “… given … that the Code of Public Maritime Law (Legislative Decree 187/1973) entrusts the captain with a series of powers and duties involving the exercise of state authority and of greater significance than the certification of the authenticity of a signature, in particular those of a representative of state authority (public officer), since he is temporarily clothed with the powers of registrar of births and deaths, of notary public, of investigative officer, and of the holder of disciplinary authority over the crew and passengers, evidently because of the particular conditions under which the seafarer’s profession is exercised, which entail their inability to address themselves to the persons that are as a rule materially competent, he has, by identity of legal reasoning, also the possibility of certifying the authenticity of the signature of both the members of the ship’s crew and of his own, in application of the provisions of Articles 11 and 3 of the Code of Administrative Procedure, which expressly establish the obligation of the administrative authorities to certify the authenticity of the signature of the interested party..”.
[Relevant documents: DISKPO/F.15/3435 / 18.02.2010, Directorate of Maritime Labour of the Ministry of Economy, Competitiveness and Shipping, ref. no. 3523/01/10-2-2010].
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FREQUENTLY ASKED QUESTIONS ON THE CERTIFICATION OF AUTHENTICITY OF SIGNATURE
1. Where can I have the authenticity of my signature certified?
Certification of the authenticity of a signature is carried out by any administrative authority or by the Citizens’ Service Centres (KEP), in accordance with Article 11 of Law 2690/1999 (Code of Administrative Procedure), as supplemented by Law 3345/2005. At the KEP, this competence is exercised by all employees, regardless of whether they are permanent staff, employed under a private-law contract or under a contract for services.
The refusal of an administrative or police authority to carry out the certification, on the ground that only the KEP is competent, is unlawful. The citizen may freely choose the service to which he applies, and the service is required to handle the request, provided that the lawful identification documents are presented.
2. Which identity documents are accepted for the certification?
For Greek citizens, the following are accepted: the police identity card (including “old-type” or “cut”), the temporary certificate of a competent authority, the passport, the driving licence, the personal health booklet of a social security institution, as well as the military identity card. For citizens of EU Member States, an identity card or passport is required.
For third-country nationals, a valid passport is required, together with an entry visa, residence permit or “blue certificate” attesting submission of an application. Documents such as a lawyer’s identity card or service cards are not accepted. Originals must always be presented and the photograph must allow the person to be identified with the signatory.
3. When is certification of the authenticity of a signature not required?
Certification is not required when the interested party appears in person at a public sector service or KEP for personal matters, presenting the identity card or the corresponding original documents. In such case, identification is carried out on the spot by the employee receiving the application.
Furthermore, for the solemn declaration under Law 1599/1986, certification of the authenticity of the signature is not, as a rule, required, unless a more specific provision provides otherwise (e.g. certain declarations to specific services or banks). In any case of doubt, it is advisable to check the special legislation governing the specific transaction prior to submission.
4. May an employee certify his own signature on a power of attorney?
No. Pursuant to Article 36 of Law 2683/1999 (now Law 3528/2007), an employee is not permitted to participate in the issuance of acts when he has a manifest interest in the outcome of the case. Consequently, an employee of a KEP or administrative authority may not certify the authenticity of his own signature, either as the person granting the authorisation or as the person being authorised by a third party.
In such cases, the certification is carried out either by the statutory deputy of the employee or by an employee of another administrative authority. Breach of this rule constitutes grounds for annulment of the relevant administrative act and may also entail disciplinary consequences for the employee who issued it.
5. What check does the employee carry out on the content of the document?
The employee certifying the authenticity of a signature does not check the legality or expediency of the content of the document. As stated by the Legal Council of State, his competence is limited to identifying the signatory and certifying that the signature was placed before him.
At the same time, he is required to read the text in order to ascertain that it is not a solemn declaration with false content that would constitute an offence under Article 22(6) of Law 1599/1986. Where he knows or it clearly appears that the content is false, he is obliged to refuse the certification. Beyond this, he bears no responsibility for the substantive declarations of the interested party.
6. How can a lawyer assist with matters relating to the certification of signatures?
The lawyer drafts legally sound texts of powers of attorney, solemn declarations and private agreements, so that the certification of the authenticity of the signature produces the intended legal effects and is accepted by the authority to which it is addressed. He determines with precision the scope of the mandate, the details of the parties and the terms that must be set out.
He also represents the principal in cases of refusal by the administration to perform the certification, by submitting reports to the Ombudsman or filing an application for annulment before the Administrative Court of First Instance. He also provides assistance where the authenticity of a signature is disputed in civil or criminal proceedings (e.g. forgery under Article 216 of the Penal Code (PK)), where graphological expert examination and a specialised procedural strategy are required.