Wednesday, July 18, 2012

Can Copies of Legal Documents Be Notarized? Policies and Procedures regarding Copies for Notaries

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Can Copies of Legal Documents Be Notarized? Policies and Procedures regarding Copies for Notaries

Occasionally in enterprise you may be asked to supply a notarized copy of a document such a driver's license, a photo or schematic, a birth certificate or some other type of legal document. This often happens when enterprise is being conducted long-distance and the parties complicated want to be sure that the document copy they receive is true to the original. Can a notary collective notarize these copies? Read on to find out what types of document copies notaries may notarize, and what alternatives are ready when they can't.

Can Copies of Legal Documents Be Notarized? Policies and Procedures regarding Copies for Notaries

If the notarization is taking place in most states, notaries may not notarize document copies with one exception. In many states, the only document copy that a notary collective can notarize is a copy of a Power of Attorney. In this case, the notary will complete, sign, and stamp a Power of Attorney Certification stating that he or she has examined the original and copy of the Power of Attorney and that they are identical. The document possessor should supply the original and the copy for inspection.

Notaries in most states do not have the authority to certify a copy of any other type of document. Since laws governing notary publics vary from state to state and from country to country, often out-of-state or out-of-country document originators will insist upon some sort of notarized statement concerning the validity of a document. In this case the signer may pick other choice called "copy certification by document custodian". In this case, the custodian (holder or owner) of the document (or photo, Id etc) may draft and sign an affidavit stating that the copy of the document (or identification etc) is a true and complete facsimile of the original. The signer is responsible for creating the affidavit - in general, notaries are prohibited from drafting documents or affidavits of any kind. The notary can then notarize the signer's affidavit (not the copy) and need the signer to take an oath or affirmation swearing to the validity of their affidavit (not the copy). Signers should check with the entity or group requesting the document to be sure they will accept this alternative.

The notary collective will need satisfactory evidence proving the identity of the signer. This may be either safe bet government issued identification or credible witnesses as set forth by state law in order to complete the notarization of the affidavit..

Notaries may not make certified copies of vital records such as birth and death certificates or marriage licenses. These can be made only by the county recorders and State Registrars.

The facts in this report pertains in general to notaries in California, but may also apply to notaries in other states. Check with the Secretary of State in your area for definite laws governing your state.

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