By law you can’t notarize a public document (marriage certificate), an ack on a utility bill etc. means nothing other than it was signed and acknowledged and stamped by a notary on a certain date. However if they attach a document that says they certify that the certificate/bill is a copy or (for example) that they paid the bill, then you can notarize anything. (Obvious you can’t notarize something illegal to copy…like a federal id). California notaries are not constrained by laws in other states that require that a notary stamped document COMMIT the signer in some way, you could notarized a watermelon (maybe…hehehe).
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If the person wants to sign a completed document and prove that this is his/her signature, why not? They need to sign the document and our notebook, and we just fill out an acknowledgment stamp or attachment. If we’re not comfortable with what we’re being asked to do, we can decline the job. Certifying and notarizing are two different functions.
The only thing a notary certifies in california is a poa copy, other than that we only notarize signatures. Further we can’t decline a job just because we are uncomfortable, we have to have a concrete reason; such as photo id doesn’t match, illegal document to notarize etc.
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Since people are quibbling about the meaning of words, I’ll state how I think about acknowledgements.
An appearer (yes, that word is in the Collins online dictionary), for my purposes, is a person who appears in person before an notary and seeks some notarial act. Either before arriving, or in the presence of the notary, the appearer signs the document and tells the notary the signature is his/hers, and whatever other words are required in the notary’s state (the appearer signed for the purposes in the document, the signature is the appearer’s free act and deed, etc.) Saying the required words, or answering “yes” to the notary’s question, IS the acknowledgement.
By listening to what the appearer says, the notary “takes the acknowledgement”. Then the notary fills out an acknowledgement certificate. One could say the notary certifies that the notary took the acknowledgement according to state law. The notary doesn’t certify anything else, for example, the notary doesn’t certify the document is true, or that it is a true copy of an original.
If the notary were going to certify anything other than that an acknowledgement was taken, that’s a different notarial act that might or might not be lawful in various states.
What is the purpose of their request? Vital records such as a marriage license can’t be notarized. They can go to the Dept of Public Health Office of Vital Records and get a certified copy. As for anything else, they could write out a statement of some sort and you can notarize the statement. They would have to choose the type of certificate to attach.
I’ve used certification by document custodian certificates for this. I explain to the client I can’t notarize a copy of these documents but they can affirm that this is a copy of an original document in their
possession.
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If it were a Vermont vital record, I would not notarize a certification by document custodian because Vermont law forbids anyone other than the officials named in the law from certifying a vital record. If a regular person who possesses a VT vital record certified a copy, it would be an illegal action, and I would not take part. I also would not take part if the record had anything printed on it indicating it was illegal to copy it.
It’s not certifing the copy of the record but the statement of the person who possesses the document. The only instances where I use these certificates is when someone is reapplying for a work visa and they need to send copies of certain docs to prove residency. I’m not familiar with Vermont laws so I agree he should check with his state notorial laws.
It is not enough to check the notarial laws. If the state vital records laws say no one except certain named official may certify a copy of a vital record, and a regular guy fills out a certification of copy by document custodian, the regular guy commits an offense. If a notary notarizes the certification of copy by document custodian, the notary assists in committing an offense. The notary might or might not be guilty of an offense, but it isn’t a good thing to do.
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As for Birth certificates, Marriage licenses and documents of this nature, one should be able to obtain a Certified Copy from the county clerk’s office where the documents are filed.
Hi. My two cents ( for what its worth).
I’m in California. We do not notarize birth certificates.
Refer them to the county Registrar Recorders office.
You could lose your commission if you notarize it.
Copy Certification by Document Custodian
The basic process for copy certification is described below. Some steps may vary depending on individual state laws:
The document’s custodian requests a certified copy
The keeper of the original document (also called the “custodian”) appears before you and asks you to certify a copy of the original document.
The custodian presents the original document plus the copy to the notary along with Identification and an affidavit called: COPY CERTIFICATION BY DOCUMENT CUSTODIAN (sample below)
I, _______________________________________________________________[name of
custodian of original document], hereby swear (or affirm) that the attached reproduction
of ___________________________________ [description of original document] is a
true, correct and complete photocopy of a document in my possession.
Under penalty of perjury under the laws of the state of California, I attest to the
truthfulness, accuracy, and validity of the forgoing statement.
Custodian’s Signature Date
Custodian’s Address: ______________________________________________________
The notary will then notarize the signature of the custodian, attach the affidavit to the copy of the original document
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I don’t agree. It is the custodian, that is, the person who brought the document to the notary, who compares the copy to the original and swears the copy is a true copy. All the notary does is administer an oath to the custodian and fill out a notarial certificate showing the oath was administered. The document linked by susana says it’s for California, which is a state that doesn’t allow notaries to certify copies themselves, except in a few cases.
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I agree with you, Ashton
I disagree, acknowledging a signature on a document that states that the signer certifies that ‘this’ is a copy of a document is permitted, regardless of what type of document (includes vital records) BECAUSE THE NOTARY IS NOT CERTIFYING THE DOCUMENT IS A COPY, the notary is only certifying the signature on a document where the signer says that it is a copy. The only time a California notary may certify a copy of a document is if it is a POA.