How to certify a copy of a document
How to certify a copy of a document. Notaries are often asked to certify that a photocopy of an original document is a true and accurate reproduction of the original. However, Notaries aren’t allowed to certify copies in every state. Here are some important copy certification facts that all Notaries should know.
How do I certify a copy of a document?
The basic process for copy certification is described below. Some steps may vary depending on individual state laws:
- The document’s custodian requests a certified copy
The keeper of the original document (also called the “custodian”) appears before you and asks you to certify a copy of the original document.
- The Notary compares the original and the copy
The custodian presents the original document and the copy so that you may confirm the copy is identical to the original. In some cases, the custodian may present the original document and you may be asked to make the copy.
- The Notary certifies that the copy is accurate
Once you have confirmed the copy matches the original, you complete and attach to the copy a notarial certificate stating that the copy is true, accurate and complete.
Can all Notaries certify copies?
Not in every state. Some states (such as Michigan and Nebraska) do not allow Notaries to certify copies of documents as an official notarial act, and some states limit the types of documents or records that Notaries may certify:
California Notaries may only certify copies of powers of attorney, or copies of the Notary’s own journal entries if requested by the Secretary of State or a court.
Florida Notaries may not certify copies of vital records or public records if a copy can be made by the custodian of the public record.
Texas permits Notaries to certify a copy only if the original is a non-recordable document. A potentially recordable document cannot be copy certified.
If I can’t certify a copy of a document, is there an alternative?
An alternative procedure called “copy certification by document custodian” may be permissible. With this procedure, the document’s custodian or holder signs a statement attesting to the accuracy of the copy, and the Notary notarizes the custodian’s signature on the statement. The difference is that rather than directly certifying the copy, the Notary is notarizing the custodian’s signature on a statement vouching for the copy’s accuracy.
Can I advise a signer regarding copy certification alternatives?
You have to be careful not to provide unauthorized legal advice to the signer. You can mention that you may perform a copy certification by document custodian, but should not suggest or recommend that to the signer. For example, if asked to certify a copy, you may say “State law does not authorize me to certify a copy of your document. However, in this circumstance, I may be able to notarize your signature on a written statement in which you certify the copy.” You should not say something like, “I can’t do this and must perform a copy certification by document custodian instead.” The important difference here is that you may mention you can perform the procedure, and let the signer choose that option if he or she wishes, but you should not tell the signer what to do — that could constitute legal advice Notaries aren’t allowed to give.
What if a signer asks me to certify a copy of a vital record, like a birth or marriage certificate?
In some jurisdictions, such as Delaware, Florida and Pennsylvania, Notaries are not permitted to certify copies of vital records. However, it’s the signer’s responsibility — not the Notary’s — to check if copying a document violates a law or will be accepted by a receiving agency.
By David Thun
Last updated: June 24, 2024.
**This information should be considered GENERAL INFORMATION ONLY and is not a substitute for the advice of an attorney **
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