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What Notaries need to know about copy certification

copy-certification-resized.jpgUpdated 11-3-21. If you are asked to certify a copy of a document — that is, to vouch for the fact that the copy is true and accurate — you need to know a few important facts about state Notary laws before doing so.

Not all states allow Notaries to certify copies

Whether you are authorized to certify copies of documents depends on where you are commissioned. Most states permit it, but others, including Michigan, Mississippi, Nebraska, New York, North Carolina, Ohio, South Carolina and Tennessee, do not.

Be sure to familiarize yourself with your state Notary laws, so you know whether you may certify a document copy or need to turn down the request.

Certain types of documents are off limits

Florida and Pennsylvania authorize Notaries to certify copies of most documents, yet both states prohibit certifying copies of birth, death and marriage certificates. Texas only allows Notaries to certify copies of documents that cannot be recorded with any type of government entity.

It’s illegal to make unauthorized copies of certain immigration forms — such as a Certificate of Naturalization, Certificate of Citizenship or Declaration of Intention to Become a Citizen — and doing so may carry criminal penalties regardless of whether they are or are not certified as copies by a Notary. California limits Notaries to certifying copies of powers of attorney or, if requested by the Secretary of State or a court, entries in the Notary’s journal. Hawaii limits Notaries to certifying copies of their Notary journal entries only. Rhode Island prohibits Notaries from certifying copies of any document that can be recorded publicly, while Maine allows only private documents to be copy certified by a Notary. Virginia prohibits certifying a copy of court-issued documents.

Additional requirements

While prohibiting Notaries from performing copy certifications on documents such as vital records and publicly recorded documents is common, West Virginia requires a Notary to obtain a written and signed request for the copy certification from the requestor prior to performing the notarial act and specify the contents of this written request.

The request must state that a certified copy cannot be obtained from a recorder or custodian of public documents and that production of the copy doesn’t violate state or federal law. West Virginia Notaries must retain a copy of the document presented for copy certification in their records. 

There are sometimes alternatives

If state law does not authorize a Notary to certify a document copy, in some situations you may be able to notarize the signature of a person who has written a statement attesting to the accuracy of the copy.

The signer should present you with the written attestation statement, a proper notarial certificate and the photocopy of the document in question. If the signer’s statement doesn’t contain a notarial certificate, then the signer must instruct you on which notarial act to perform.

If you are asked to execute a jurat, remember to have the signer swear or affirm to the truth of their written statement.

Remember, you cannot recommend this alternative to signers; the signer has to request it.

David Thun is the Assistant Managing Editor with the National Notary Association.


Related Articles:

How to certify a copy of a document

Handling certified copies of public records and other unusual Notary requests


Additional Resources:

NNA Hotline

View All: Best Practices

51 Comments

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Sandra Guerrero

05 Oct 2015

Awesome very informative. Thank you

Jonathan

06 Oct 2015

Thank you for the information! I deeply appreciate your sharing this with notaries!

Jerry Lucas

05 Jan 2016

Colorado only allows a notary to make a certified copy of an original document. A notary cannot make a certified copy of a copy because of the risk of document alteration and fraud. Some states prohibit making a copy of a driver's license. The law is silent on whether a black and white certified copy of a color document is acceptable. To reduce risk of identity theft, a black and white copy of a driver's license is less risky than a color copy.

Christina Agans

03 Oct 2016

Perfect, i have come across this several times. I know i can't being in NY but it is always had to find in regulation to explain it. I printed this for reference.

Alden Martin

03 Oct 2016

It's like a photograph, I can't notarize a photograph, But can notarize what your description of the photo is..."This is me & Elvis in Memphis"...OK, if YOU (under oath) say that's what it is then it is what is...according to YOU, Having never met Elvis & He not being here to attest to the fact...I'll notarize your description of the Photo...make note in journal that this YOUR description of the photo...I make no judgement?

Beeaar Kakwadi

20 Dec 2016

Is there any practical training workshop for new notary public to learn notarial act in Sacramento, California ?

National Notary Association

20 Dec 2016

Hello. The NNA offers live training courses in the Sacramento area. You can find more information at https://www.nationalnotary.org/california/become-a-notary/sacramento-stockton or call our Customer Care team at 1-800-876-6827.

Tiara

16 Jun 2017

Im currently working in China looking to change jobs and was told by a potential employer that I need to do a copy verification of my degree and tefl certificate, any ideas how long this process can take? Thanks!

National Notary Association

19 Jun 2017

Hello. We are sorry, but we cannot answer questions regarding a document verification request required by a business in a foreign country. You would need to ask for instructions from the potential employer what type of verification they are asking for and how long it normally takes.

Stacey

29 Aug 2017

I have been a notary for 30 years, and there is some confusion if certifying a copy of a drivers' license in the state of Oregon is acceptable. It used to be on advisement of the secretary of state that we do not as it is a state issued document, but on reading the current laws it is not exactly clear. It seems that if the completed certificate is precise in stating that the copy is a true copy of a document presented by the INDIVIDUAL in their possession (and not certified as a copy of an authentic document), then it is acceptable. Can you shed more light on this?

National Notary Association

30 Aug 2017

Hello. Page 51 of the state Notary Public Guide (http://sos.oregon.gov/business/Documents/notary-guide/notary-guide.pdf) says that Notaries may certify a copy of an Oregon Driver’s License.

Lanky

25 Sep 2017

I'm a little confused. If in Illinois you are asked to certify a copy, which is presented as the original and the copy, why can't you do it. And if you can't as a notary, who can do it?

National Notary Association

25 Sep 2017

Hello. Illinois law does not authorize Notaries to certify copies of documents.

Laura Dean

25 Sep 2017

Slightly off topic, but likely relvant to many notiaries in Calif. I'd like the NNA to formally address the practice of Copy Certificate by Document Custodian in Calif. The NNA used to provide forms for this, but now I find it almost impossible to obtain gudiance on this type of notarization and it's no longer addressed in NNA training for notaries either.

Lisa Jackson

18 Oct 2017

I'm doing a notary quiz off of the Secretary of State site for Colorado. There are three questions in this quiz and not only can I not pass them but three other lawyers can't either. No matter how many times we've answered it in several ways, it still says that did not pass

Amanda Wilson

31 Jan 2018

Can a Maryland notary, notarize a copy and certify as an original?

National Notary Association

01 Feb 2018

Hello. Maryland Notaries may only certify copies of entries in their Notary journals. They may not certify copies of other documents.

Cheryl Kaster

21 Sep 2018

Unfortunately, the NNA continues to sell to Hawaii Notaries the Copy Certification by Notary which is a notarial act that is NOT PERMITTED in Hawaii. So much for their concern. The warning that the Notary needs to know their state law doesn't make it so and the NNA should be well aware of this because they KNOW how desperately notaries in all states need to be educated about their state's laws and to educate themselves, and yet they will continue to sell a form of notarial act that is not permitted in Hawaii for the $$$,

National Notary Association

24 Sep 2018

Hello, Cheryl. We apologize for any confusion caused by the certificate. You are correct that Notaries in Hawaii may not certify copies of documents apart from their own journal entries. Our intent was to offer our general certificate that has the option of certifying a copy of the Notary’s journal entry, but we see where that has caused some confusion in this case. To prevent misunderstandings, we have removed the certificate from our Hawaii products page and will replace it with new certificate wording specifically for copies of Notary journal entries. Thank you for bringing this issue to our attention.

Alisha Lamb

25 Oct 2018

I am in Ohio and work in HR for an IT firm, we have an employee who needs his paystubs notarized as originals to send overseas for purchase of property. Can I do this? Is it different than certifying a copy?

National Notary Association

25 Oct 2018

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Kris Mastowski

08 Jan 2019

Hi NNA, Please answer Laura Dean's issue dated Sep 25, 2017. I've always been curious about this, too. Thank you.

National Notary Association

11 Jan 2019

Hello. Please see this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2014/04/how-to-certify-copy-document. Also, CA Notaries may only directly certify copies of powers of attorney (GC 8205[a][4]; Probate Code 4307[b][2]) or copies of entries in the Notary’s own journal if ordered by the Secretary of State (GC 8205[b][1]) or by a court (GC 8206[e]).

Randee

15 Sep 2019

Hi! I’m in california and received these instructions from a client but from what I know, I don’t think I should be notarizing IDs. What’s the verdict? Kindly, include a notarized copy of a recent ID of both applicant and recipient. Lebanese applicants must include a recent original or notarized Lebanese photo I.D., valid passport or the plastic I.D.). is not an acceptable document. Non-Lebanese applicants must include their passports. The Power of Attorney must then be authenticated by the Department of State. The witnesses should not be related to the principal. The Notary Public must include the following statement on the Power of Attorney: “The Principal (Full name) appeared in front of me and was identified by the witnesses (Full name) and (Full name) whose signatures appear on the foregoing instrument and who enjoy the legal capacity to bare witness and in my presence the Principal signed the forgoing instrument on the (Date mm/ dd /yy) with his/her full consent to its content.” Furthermore, the Power of Attorney must be signed by two witnesses. Notarized photocopies of the Principals and witnesses’ identification documents must accompany the Power of Attorney. Then you send it to the lebanese consulate that's all done at the notary public, then you send it to the secretary of state The Notary Public must affix his/her seal on the original document next to the Principal’s signature. The Power of Attorney must be sent to the Consulate General for legalization with a self-addressed stamped envelope.

National Notary Association

19 Sep 2019

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

L. Turner

16 Dec 2019

Regarding the comment in the article: "California limits Notaries to certifying copies of powers of attorney or, if requested by the Secretary of State or a court, entries in the Notary’s journal". Copies of line items in the notary's journal can also be made on request in writing from a member of the public with an interest in a particular document signing.

Renato DeMayrinck Salgado

07 May 2020

What would be the alternative if the notary can't certify the copy of my diploma and transcript here in New Jersey and I really need it done?

National Notary Association

07 May 2020

Hello. You would need to contact the agency requesting the documents and ask what alternatives would be acceptable to them.

May

06 Aug 2020

In Illinois a notary can not notarize a certified copy. However, can a notary notarize that the client has said that it is a copy and notarize the client's signature to be true? Or is this not allowed either?

National Notary Association

07 Aug 2020

Hello. Please see the section "There Are Sometimes Alternatives" above for guidance.

Blerta

03 Sep 2020

Hello , I've sent my documents at WES for diploma Evalution . I was missing my Bachelor Degree . I have the Original copy but I don't want to sent that because they will not give it back . Can I notarize a copy and certify as an original (the Document is issued in Albania) . Thank you

National Notary Association

04 Sep 2020

Hello. Alabama Notaries are not authorized to certify copies, and you may not notarize your own signature or documents you are a party to. You would need to contact the school to request a certified copy of the required document.

Jonas

21 Oct 2020

Hello, I am a PA with a very old 1930s Naturalization Certificate. Based on this will a notary be able to certify my statement that the document is the original which has been in my family’s possession since the 1930s along with a photocopy of the document?

National Notary Association

22 Oct 2020

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Jennifer

13 Dec 2020

I earned my Notary Public (CA), have passed the examinations, oath of office, the bond, insurance, got the stamp, etc. and ready to go. I lack the confidence because of the risks of going to jail or heavily fined. Can I continue to take courses as an audit (refresher) no credit? Who offers this?

L. E. Casey

22 Dec 2020

As a California notary, I occasionally get a request to certify documents that are from foreign sources, (college transcripts, etc.) where there is no way I can verify their authenticity. What I have done is fill out a document entitled "Statement of Facts,Copy/Certification by Document Custodian" which includes a California Jurat and administer an oath. I'm NOT certifying the document, the principle swears to the authenticity of the document. As a notary, I'm only verifying the principle's identity.

James Holland

14 Jan 2021

In the Article above, "There Are Sometimes Alternatives If state law does not authorize a Notary to certify a document copy, in some situations you may be able to notarize the signature of a person who has written a statement attesting to the accuracy of the copy. The signer should present you with the written attestation statement, a proper notarial certificate and the photocopy of the document in question. If the signer’s statement doesn’t contain a notarial certificate, then the signer must instruct you on which notarial act to perform." How would the individual above know they could present you (the notary) with an attestation statement? If you, as the Notary, tell them of this option, aren't you providing legal advice---one of the biggest no-no's a Notary should run away from?

National Notary Association

15 Jan 2021

Hello. Please see the section "Can I Advise A Signer Regarding Copy Certification Alternatives?" in this article for information: https://www.nationalnotary.org/notary-bulletin/blog/2014/04/how-to-certify-copy-document

John

02 Apr 2021

how do i certifiy my ssn card and passport in the state of virginia

National Notary Association

06 Apr 2021

Hello. In Virginia, “‘Copy certification’ means a notarial act in which a notary (i) is presented with a document that is not a public record; (ii) copies or supervises the copying of the document using a photographic or electronic copying process; (iii) compares the document to the copy; and (iv) determines that the copy is accurate and complete” (COV 47.1-2). Virginia Notaries are not authorized to certify true copies of birth, death, or marriage certificates. Only the Division of Vital Records/Statistics may perform such a certification. Virginia Notaries are not authorized to certify true copies of court-issued documents.

Alicia Silva

28 May 2021

I am a California notary and I have never had this come up for me. So my question is am I able to notarize an application for a certified copy of birth record? It's for the parents that just had a baby and is needing a copy of the birth certificate.

National Notary Association

28 May 2021

Hello. Yes, a California Notary may notarize a signature on a form submitted to request a certified copy from a recording office, provided the notarization request meets all other CA Notary law requirements. However, a CA Notary is not authorized to certify copies of vital records such as birth, death and marriage certificates.

Christopher

24 Sep 2021

Hello, Just need some clarification, for the State of Maryland, can they notarize certified copies of passports, driver's licenses or social security cards? According to the Maryland Notary Handbook, notaries can but i've also seen that they can't. I see that notaries can certify of entries in their book but was also told we could use the Jurat Certificate to "notarize" certified copies of document.

National Notary Association

28 Sep 2021

Hello. We were unable to find any specific prohibitions in Maryland's Notary Handbook prohibiting copy certification of the documents you listed.

June

24 Sep 2021

I appreciate the information. I just get disturbed by the capitalization of the word notary. The word is not a proper noun, and it's not a title. Would you capitalize lawyer, doctor, engineer? No. They are nouns, not proper nouns. I'm beginning to understand why the notaries in our FB groups have such poor grammar.

Susan Cragin

04 Mar 2022

What about papering out deeds that will be registered with the local Registry of Deeds?

National Notary Association

11 Mar 2022

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Rashad Robersobn

26 Aug 2023

In trying to obtain citizenship for my son born abroad, I was asked as an American citizen to provide a certified copy of my Passport to the American Embassy in Toronto Canada. Can a Georgian Notary provide a certified copy of my Passport?

National Notary Association

28 Aug 2023

Hello. Georgia allows copy certification ​of a U.S. passport but requires the passport holder to provide an affidavit. Please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2016/09/certified-copies-public-records-unusual-notary-requests

Rahul

09 Oct 2023

Can I notorize the copy of the 765 job letter copy in Texas

National Notary Association

11 Oct 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

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