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.

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 any current rules for Notary copy certification in California?

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:

Our California Notary Training Courses now include instructions for performing this type of notarization.
You can read a summary of AB 2004’s provisions here.
If you’re an NNA member and have questions about AB 2004, you can call the NNA Notary Hotline for help.

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

15 Comments

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falls.cdm@gmail.com

12 Jan 2025

Very helpful, thank you!

Zara Shea

04 Jan 2025

In response to your reply to my last comment! The word "Just" was supposed to be "Jurat". Forgive me for saying this, but your response is an oxymoron from what you article states, your article says "you are to complete a Jurat" but how can that be, when we aren't allowed to make that choice for our clients? Even you said it would be practicing law to do so, so which is it?

National Notary Association

06 Jan 2025

Hello. Notaries are ministerial officers, which means nonattorney Notaries may not choose what type of notarial act is needed on a signer's behalf. For example, if a signer comes to you and asks, "I need X type of document notarized, what type of notarization should I use?" you may not select the act for them. The new CA law does not change this. Please see this article for more guidelines for determining what notarial act is needed without committing the unauthorized practice of law: https://www.nationalnotary.org/notary-bulletin/blog/2013/08/what-notarial-act-needed

Norma, concerned notary

03 Jan 2025

This "new" law is very confusing to me as a CA notary. My comment is a 3 part question for NNA. 1)Your article is not clear as to the type of "printed copy of an electronic record", by this I am assuming it is a FAX copy correct? Also, in your article you mention that CA notaries are only allowed to certify copies of Powers of attorney and Copies of their own journal entries if officially requested by the Secretary of State or a court order and that the 'new' law does not change this. Then your article says: California Notaries are not allowed to certify copies of any other documents. Questions 2) With this 'new' law, are CA notaries allowed now to certify a FAXED copy of a POA? Last questions: 3) If the document custodian does not have the required written statement (i.e.: “Certification of a Printed Copy of an Electronic Record under penalty of perjury") on the COPY of their 'electronic record', can the CA Notary turn down the notarization?

Hello. We forwarded your questions to our Government Affairs team. Here are their responses: 1. The printed copy does not have to be a faxed copy. In most cases, the printout would be a laser printer or photocopier printout of the electronic record. 2. No; the article does not authorize Notaries to certify a faxed copy of a POA. AB 2004 doesn't allow Notaries to certify copies of any other document not already authorized under other law. In addition, AB 2004 says nothing at all about "faxed POAs." Under AB 2004, the Notary may notarize a document custodian statement in which the custodian certifies that a paper printout of an electronically signed power of attorney that must be recorded in the land records was a true copy of the original electronically signed POA. The Notary could notarize that statement with a jurat under AB 2004. 3. Yes, just as with any other jurat the Notary performs, there must be a document that the person signs before the Notary. This case is no different.

02 Jan 2025

So, a Just must be completed for this, but what about the law that says we may not choose a notarial procedure for any notarization, does that law change because of this? I was very strictly taught I may never make this decision for the client.

Hello. No, the new CA law does not change a Notary's status as a ministerial officer who may not give unauthorized legal advice.

Sara Lopez

27 Dec 2024

Why would a customer even request a Certification of a Printed Copy of an Electronic Record to be notarized? I do Apostilles and many times clients use "Document Custodian" for their documents so how is this new law any different? There is confusion because NNA doesn't adequately explain why a Notary would be asked to use this type of notarial act.

Judith Beck

10 Dec 2024

Where does the signer get a “Certification of a Printed Copy of an Electronic Record”? Is its wording standardized by law? Can we notaries carry them along with our other loose certificates and such to assist our clients? Does the NNA have them for sale?

National Notary ASsociation

11 Dec 2024

Hello. Nonattorney Notaries may not advise customers regarding the type of document they require for a transaction. The NNA does not sell the form in question.

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.

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

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

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

Julio

Thank you for the update

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What kind of notarization does AB 2004 allow?

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

Does the new law change any current rules for Notary copy certification in California?

Where can I learn more about AB 2004?

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