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How California’s new 2025 law for printed copies of electronic records affects Notaries

A woman raising her right hand to take an oath in front of the California state flag.

California’s copy certification rules can be confusing. With few exceptions, California Notaries cannot directly certify copies of documents.

However, a new law taking effect January 1, 2025, allows a “disinterested custodian” of an electronic record to certify a tangible copy of the electronic record before a Notary.

The FAQ below explains how this new law affects California Notaries and what to do if asked to perform this type of notarization.

What kind of notarization does AB 2004 allow?

Under this new law, a document custodian can certify that a printed copy of an electronic record is a complete and accurate reproduction. To do so, they must sign a “Certification of a Printed Copy of an Electronic Record” under penalty of perjury before a Notary who then executes a jurat.

It is important to point out that the signer certifies the accuracy of the copy, not the Notary!

What are the steps for notarizing a printout of an electronic document?

If you are asked to notarize the signature of a disinterested custodian who certifies a printed copy of an electronic record, you will need to follow these steps:

  1. Verify the identity of the document custodian as required by CA law. However, you are not required to confirm the custodian is “disinterested.”
  2. Witness the custodian sign the written certification statement in your presence.
  3. Administer an oath or affirmation to the document custodian, who must swear or affirm that the certification statement is true.
  4. Complete a record of the act in your Notary journal.
  5. Complete a jurat certificate. If the jurat wording is not pre-printed on the document, you will need to complete and attach a separate notarial certificate.

Does the new law change the types of documents that can be certified by a California Notary?

No. California Notaries may still only certify copies of the following documents:

  • Powers of attorney.
  • Copies of their own journal entries if officially requested by the Secretary of State or a court order.

California Notaries are not allowed to certify copies of any other documents. The new law does not change this. If someone asks you as a Notary to certify a printed copy of an electronic record, you must turn them down. Only the disinterested custodian can make that certification.

Where can I learn more about AB 2004?

The NNA has several resources that can help you with more information, including the following:

David Thun is the Editorial Manager at the National Notary Association.

5 Comments

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ssdbyamy@gmail.com

02 Dec 2024

Hi I don’t understand any of this. Can you give an example? What is a document custodian ? What would be a real life example of this? I already took my notary and signing agent courses on NNA so I cannot access it to learn more as the article says.

National Notary Association

03 Dec 2024

Hello. In this situation, "document custodian" describes the person in possession of the document. The document custodian signs a statement known as a “Certification of a Printed Copy of an Electronic Record” under penalty of perjury before a Notary. The Notary then performs a jurat, with the document custodian swearing or affirming that the statement they signed is true. It is important to clarify that the Notary does not certify the accuracy of the copy. The Notary is only notarizing the signature of the document custodian and administering either an oath or affirmation to the document custodian..

Linda Mancuso

02 Dec 2024

What proof does the notary get that the person with the document is the actual custodian? Just because they have the document, that makes them the custodian? Explanation please

National Notary Association

03 Dec 2024

Hello. The Notary is not required to verify the document custodian's status.

Julio

02 Dec 2024

Thank you for the update

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