Posted by kcnotary_KS on 12/11/04 6:32pm
Msg #13354

Notorizing copies

Does anyone know if notaries may attach their seal on a photocopy of a document certifying that it is a "true copy" Client came by and wanted me to notarize copies of his college diploma, foreign marriage license and passport. He had the originals with him. I read my handbook from my SOS. It merely says that I could if the copies were in my custody. Not 100% understand that.

Reply by colorless on 12/11/04 7:49pm
Msg #13357

kcnotary_KS asks:

"Does anyone know if notaries may attach their seal on a photocopy of a document certifying that it is a "true copy" Client came by and wanted me to notarize copies of his college diploma, foreign marriage license and passport. He had the originals with him. I read my handbook from my SOS. It merely says that I could if the copies were in my custody. Not 100% understand that."


About this: '...I could if the copies were in my custody.' What is the exact wording in the handbook?

Reply by Roger/OH on 12/11/04 8:28pm
Msg #13359

I believe that means if you made the copies personally. You can also notarize a statement from the person that brings you the copied items that the copies are genuine.

Reply by colorless on 12/11/04 9:26pm
Msg #13362

kcnotary_KS

I found your handbook online and have the following:

Certified Copy
A notary public can certify a copy only if the notary
personally has custody of the original document and
makes the copy from the original.

Document — A paper on which writing or printing
appears in a legal form, agreement or contract. Also
called an instrument.

Uniform Law on Notarial Acts
K.S.A. 53-502. Definitions As used in this act:
(a) "Notarial act" means any act that a notary
public of this state is authorized to perform, and
includes taking an acknowledgment, administering
an oath or affirmation, taking a verification upon oath
or affirmation, witnessing or attesting a signature,
certifying or attesting a copy and noting a protest of a
negotiable instrument.

I'm not telling you what you should do and I'm not a lawyer.

If this was in my handbook, I would look for a definition of "custody" of the original; search my Arizona Revised Statutes, call my SOS. And, if custody just meant "in my hands," then I would only be certifying "negotiable instruments."

Reply by Gelna/NV on 12/12/04 1:28pm
Msg #13380

Notarizing copies depends on what they are...in Nevada.

We can certify a copy of a document presented to us...not necessarily an original. If a copy is presented to us and we make a copy, we can certify that it is a copy of a document that was presented to us.

We can decline certifying a document, if the document is written in foreign language on the grounds that I may actually be photocopying a document that cannot be legally photocopied.

It is not legal for a Nevada notary to certify a copy of a birth, death or marriage certificate, or a decree of divorce as being true and correct as these are vital records that only the country recorders office could certify.

It seems that your SOS did not address these issues specifically...if I were you, I would call them for clarifications on how to handle this issue.

Reply by BrendaTX on 12/13/04 12:05am
Msg #13395

In Texas...

We can certify copies of items like a HUD1 since it's not a recordable document. However, a recordable document, or a document where a certfied copy can be gotten elsewhere - no can do.