ANSWERS:
1. True or False: Notaries may certify copies of documents in every state.
ANSWER: False. Whether a Notary is authorized to certify copies of documents depends on the laws of the state in which he or she is commissioned. Some states permit it while others, such as Nebraska and New York, do not allow their Notaries to certify copies at all.
2. True or False: Some states prohibit or limit Notaries from certifying copies of certain types of documents.
ANSWER: True. Several states that permit Notaries to certify copies make exceptions for specific types of documents. While both Florida and Pennsylvania authorize Notaries to certify copies of most documents, both states prohibit certifying copies of birth, death and marriage certificates. California is one state that only permits Notaries to certify copies of powers of attorney or, if requested by the Secretary of State or a court order, entries in the Notary’s journal.
3. True or False: It is illegal to make unauthorized copies of certain immigration documents.
ANSWER: True. Notaries need to be aware that making unauthorized copies of immigration documents — such as a Certificate of Naturalization, Certificate of Citizenship or Declaration of Intention to Become a Citizen — may carry criminal penalties regardless of whether they are or are not certified as copies by a Notary.
4. True or False: If a Notary cannot certify a document copy, an alternative called “Copy Certification by Document Custodian” may be acceptable.
ANSWER: True. With this procedure, the document’s holder presents a statement attesting to the accuracy of the copy to a Notary, signs the statement and swears (or affirms) the truthfulness of the statement in the Notary’s presence. You then notarize the custodian’s signature on the statement. The difference is that rather than certifying the copy, the Notary is acting on the custodian’s signature, vouching for the copy’s accuracy. However, copy certification by document custodian is not appropriate for vital records such as birth, marriage or death certificates, since originals of these documents are retained by public agencies.
5. True or False: A Notary may advise a customer seeking a copy certification about the alternative “Copy Certification by Document Custodian” in case state law prohibits the Notary from certifying a copy.
ANSWER: False. Notaries should not recommend a copy certification alternative, make claims concerning the legality of the procedure or provide a form to assist the customer unless the Notary is an attorney licensed to practice law. However, if your customer presents a document with statements concerning the accuracy of a photocopy, you may then notarize the customer’s signature.
