Posted by BarbaraL_CA on 2/25/05 11:59am
Msg #22441

Copy Certification by Document Custodian (CA)

For those in CA be sure to change the wording on the Copy Certification by Document Custodian to reflect the new Jurat wording also. I ran across this yesterday and hadn't even thought about it until I began to fill it out.

Reply by Jon on 2/25/05 12:11pm
Msg #22446

This is a made up document by the NNA, there is no reference to it in Ca statute. I hope that no one is suggesting to clients that they use this form as that would be considered UPL. In Ca we are not allowed to determine the type of certificate needed for a notarization.

Just something to think about.

Reply by BarbaraL_CA on 2/25/05 2:10pm
Msg #22469

I didn't realize that, but technically... the notorial wording is a Jurat. Wouldn't this be the same as an individual bringing you a written statement that "this is a true copy of whatever it is" and swear to it, and you attach a Jurat?

I know the NNA has it's faults, but I would think they would check with CA SOS on this form before making it available.

Reply by Jon on 2/25/05 3:30pm
Msg #22491

Yes it has the jurat wording, my point is that the NNA "advises" notaries to SUGGEST the "Copy Certification by Document Custodian" to the signer. If the signer says "I would like to get this Copy Certification by Document Custodian notarized" that is not a problem. You suggesting it could be.

BTW, IMO the NNA is unconcerned with state law in most cases, based on my own and others experience, but instead use their "Model Notary Act" as the definitive source for notary information.

Reply by BarbaraL_CA on 2/25/05 5:14pm
Msg #22520

Response from CA SOS on this document by custodian

I emailed the CA SOS regarding this and here is their response.

-----Original Message-----
From: [e-mail address] [mailto:[e-mail address]]
Sent: Friday, February 25, 2005 2:03 PM
To: Barbara Linker
Subject: RE: Copy Certification by Document Custodian

Dear Ms. Linker,

I cannot address the legality of the form, however, I can tell you that the jurat wording must comply with Government Code Section 8202. Our office does not approve forms made by private companies, nor do we provide forms. As long as the form complies with California law, there should be no problem in using it.

Mary Ingham
Notary Public Section
(916) 653-3595