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:
- Verify the identity of the document custodian as required by CA law. However, you are not required to confirm the custodian is “disinterested.”
- Witness the custodian sign the written certification statement in your presence.
- Administer an oath or affirmation to the document custodian, who must swear or affirm that the certification statement is true.
- Complete a record of the act in your Notary journal.
- 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.