Posted by FWP/WA on 10/8/07 3:01pm
Msg #215454

notarizing copies of a passport

I got an email from a potential client that he needs copies of his and his wife's passports notarized. FedEx Kinko's told him they couldn't do it, which makes me weary of doing it as well.

I haven't been able to find anything specific in WA state law, but I do seem to remember this topic before, and my gut tells me it falls in the same category as a birth certificate and the such, and that we can't notarize a copy.

Thanks for any help/knowledge anyone is willing to offer on this question.

Reply by Phillip/TX on 10/8/07 3:11pm
Msg #215458

To answer your question, you cannot notarize a copy of a passport. However, you can notarize a statement that accompanies the copy of the passport.

You see, we really don't notarize documents - we notarize the signature of statement of the signer and a photo copy of a passport does not contain a statement or the signature of the signer of that statement.

Tell your client to make a statement about his/her passport (I don't know what did they want to say about it), have them sign their name and ask them if they want a Jurat or Acknowledgement.

This is info only... I am not an attorney or legalize of any sort...

Reply by BrendaTx on 10/8/07 6:19pm
Msg #215492

Re: notarizing copies of a passport, Phillip/Tx

Phillip, I agree with you. That would be the Texas way of doing it. Good answer.

Are you originally from East Texas, or did I read that you were a transplant?

Reply by Sylvia_FL on 10/8/07 3:17pm
Msg #215462

It doesn't fall into the same category as a birth certificate which is a vital record.

There is a certificate that I have that is for the passport holder to sign to say it is a true copy.

Reply by Bob_Chicago on 10/8/07 3:30pm
Msg #215467

I concur. Easiest way is to have them make a copy and....

write their statement , under oath, on the same piece of
paper. Usually in the form of a jurat.
Not legal advice yada yada yada .
Absent a specific state prohibition, this can be done with just about any
type of document. You are just notarizing their signature to a statement , under oath,
that this is a true and correct copy of that document.

Reply by FWP/WA on 10/8/07 3:29pm
Msg #215466

I found the following for Maryland, but unfortunately that's not my state...


"A notary in the State of Maryland does not have the power to certify the authenticity of any document – official or unofficial – other than the notary’s registry. For example, a notary cannot notarize a passport, birth certificate, school transcript, or other document."

Reply by Bob_Chicago on 10/8/07 3:31pm
Msg #215469

Do not think that this is applicable. See my post above n/m

Reply by Therese on 10/8/07 3:54pm
Msg #215474

ditto Bob.. CA does this

Here in CA we cannot certifiy anything other than a POA, however we can take a sworn statement stating I,_______ do solemnly swear under the penalty of perjury that the attached copy of ________ is a true and accurate copy of the original document in my possesion.

_______________(sig. of Document Custodian)

Jurat stamped or attached

This is known as the California Affidavit of Document Custodian

Disclaimer: I am not an attorney therefore cannot provide legal advice

Reply by Jon on 10/8/07 9:01pm
Msg #215511

I would be very careful...

The form you are referencing is nothing more than a made up form by a non-governmental(and very self-serving I may add) association. It is not an official notary form as defined by Ca law. If you recommend to your client that they can use this form, you may be guilty of UPL. Unless you are a lawyer, you should not be making legal recommendations to your clients.

Reply by Sylvia_FL on 10/8/07 9:38pm
Msg #215513

Re: I would be very careful...

Jon
If you are referring to the notary certificate I am referring to it is not from the NNA.
Also the question orginally asked was not from a CA notary.

Reply by Jon on 10/11/07 8:47pm
Msg #216144

Re: I would be very careful...

My remark was for Therese, not the original poster. I try not to answer specific law questions when it comes to a state other than Ca. She was referencing a "Copy Certification By Document Custodian" and in Ca it is irrelevant who came up with it, it is not a notary certificate as defined by Ca law. However, the NNA does(at least the last time I checked) sell pads of these certificates.

Reply by Sylvia_FL on 10/8/07 4:05pm
Msg #215476

Re: notarizing copies of a passport - Andrew

You are not certifying the authenticity of the passport. You are not notarizing the passport, rather you will be notarizing the passport holders signature to a statement that it is a true copy.
I have sent you the certificate recommended by the ASN.

The ASN has a terrific CD with all certificates on it.

Reply by Laura Vestanen on 10/8/07 4:23pm
Msg #215479

FWP -

I just sent you a PM with WA-specific instructions. (All the out-of-state replies are not right for our state so please do not use them.)

Reply by Phillip/TX on 10/8/07 4:38pm
Msg #215483

How were we wrong Laura?

Reply by Philip Johnson on 10/8/07 7:31pm
Msg #215500

By challenging her. here is the certificate out of the book

State of Washington

County of . . . . . . . .

I certify that this is a true and correct copy of a document in the possession of . . . . . . as of this date.



Dated: . . . . . . . . . . . .
. . . . . . . . . . . .
(Signature)

(Seal or stamp)

. . . . . . . . . . . .
Title
My appointment
expires . . . . . . . . . . . .

Reply by BrendaTx on 10/8/07 7:59pm
Msg #215504

Re: By challenging her. here is the certificate out of the book

That is a really great way to do that. I wish Texas has the same.

However, upon chatting with the SoS about it last year because there was an argument about whether or not a Texas driver's license, et al, other documents which are issued by the government, I found that what Phillip/TX describes is exactly correct.

Washington's way is very clean, neat and tidy.

Reply by Lee/AR on 10/8/07 8:06pm
Msg #215507

Re: By challenging her. here is the certificate out of the book

Looks to me like the Notary is notarizing their own signature. Where does the 'affiant' sign?
I do realize that this is most likely state-specific. (Just looks weird to me.)

Reply by BrendaTx on 10/9/07 9:42am
Msg #215547

Re: By challenging her. here is the certificate out of the book

Yeah, it does look weird, but like in Texas notaries can issue subpoenas and make certified copies wherein both of those require the notary to be the only signer.

Reply by Laura Vestanen on 10/8/07 7:37pm
Msg #215501

Hi, Phillip

The answer is very specific to WA.

My competition reads this board. That's why I didn't post the answer in the forum. The main edge I have on my competition is that I know our state's notary regs far better than they do.

I'm in a small town so I need to protect my turf.

Reply by Phillip/TX on 10/8/07 7:59pm
Msg #215505

Laura,

Thanks for the update, I am not even in WA, so I just wanted to correct myself if I needed too.

Reply by Philip Johnson on 10/8/07 7:29pm
Msg #215499

RCW 42.44.080 is the rule that covers that in your

handbook

Reply by CJ/OR on 10/8/07 8:33pm
Msg #215510

Check with State Department

I think it is illegal for anyone other than a government agency with a legitimate purpose to make a copy of a passport. I know that is the case for green cards. Patriot Act considerations and all.

Why do they need one?

Reply by Philip Johnson on 10/9/07 8:31am
Msg #215541

If you look on the SD's site

they tell you to make a copy, so if you lose it, you can show up at some consulate,embassy or in my case once a God foresaken outpost and get it replaced.

Reply by SharonMN on 10/9/07 11:49am
Msg #215574

Re: Check with State Department

It is very, very common for any kind of office in a foreign country to ask for a copy of your passport. It's like giving out your Social Security number here - a standard part of doing business. If you are a director of a company, for instance, you will be required to give a notarized copy of your passport for the company to open a bank account in many countries. As a corporate paralegal, I come across this request all the time.

Minnesota allows the notary to perform a copy certification just like Washington does. Only the notary signs it. However, I've always been considered a passport an official record similar to a birth certificate, and have thus used the method suggested earlier in the string of having the document owner write and sign a statement swearing that it's a true copy, and then doing an ack or jurat on that.

Reply by Gerry_VT on 10/9/07 12:04pm
Msg #215576

Re: Check with State Department

A passport differs from a birth certificate in that the local authorities where one was born will issue a certified copy of a birth certificate, and if need be, the state will (through a potentially complicated process) issue an apostille or authentication for that certificate. The U.S. State Department does not issue certified copies of passports. Thus, there is no legitimate reason for a notary to certify a copy of a birth certificate, but there is such a reason for a passport.

On a slightly different topic, I constantly read that notaries are not allowed to certifiy copies of birth certificates; my state's notary manual says so. However, I've never been able to find the law in my state that actually forbids it.