Updated 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