Posted by Ernest_CT on 2/5/05 11:51pm
Msg #19545

Jurat for photocopy?

CT, as well as other states, does not allow notaries public to "certify" photocopies. The CT notary manual (Section 4.11) suggests that "the person presenting the document make a photocopy and prepare a written statement, that may be attached to or written on the photocopy itself, stating that it is a true copy of the original. The individual then verifies under oath, administered by the notary, that the statement is true. " Would it be considered unauthorized practice of law (UPL) for a notary to create a fill-in-the-blank form for the use of an individual who wants to swear that the photocopy is "a true copy"?

If it is not UPL, has anybody developed wording that they'd be willing to share with the rest of us?

As always, thanks in advance!

Reply by PAW_Fl on 2/6/05 7:21am
Msg #19548

***Disclaimer - The following is NOT LEGAL OPINION - Just my personal opinion and is based on Florida law. YMMV***

Does your manual give an example of what you can use? In FL, we are allowed to attest to a photocopy and our manual provides clear instructions as to how the "certificate" is to be written. If your manual directs you to use a prepared statement that the custodian can use, then you are not guilty of UPL (imo), only providing guidance for the custodian. It will still be up to the custodian how they would want the statement to read.

Reply by Ernest_CT on 2/7/05 1:35pm
Msg #19635

Alas, no example in manual.

Thanks for pointing me at the manual, Paul. I'd already checked it thoroughly before posting, but it is always a good reminder, especially for the people reading other people's posts! If anyone wants to find the CT Notary Public Manual online, the Site for it and other info is http://www.sots.state.ct.us/RecordsLegislativeServices/RLSIndex.html

The CT Notary Public Manual, fortunately, gives good, clear examples of acknowledgements and affidavits for individuals and other entities. It does not, however, give an example for jurats for copies of documents. Frustratingly, Section 4.11 of the Manual says that "... notaries should be prepared to meet such requests in a helpful manner."

Reply by Bobbi in CT on 2/7/05 6:33pm
Msg #19685

No "jurat for copy" in manual...

Ernest,

It isn't in the manual because

1. CT notaries cannot certify copies and
2. To write an Affidavit regarding the attached photocopy being a true represntation of the original in the Affiant's possession is technically considered "practicing law." To verify, call the SOTS notary public unit and ask if you can do this.

The examples in the manual are in CT statutes. The only way to get an Affidavit for copy certification "form" is to have an legislator introduce legislation with the language that the CT SOTS approves and wants to use .... rather than having CT attorneys write this form of Affidavit on a case-by-case basis. It isn't going to happen.

Like I said, you can do it. It is done very often. You just accept the future risk that if the receiver does NOT accept the Affidavit that you wrote and it causes your customer financial harm (or deportation or immigration problems) that the person may sue you (after seeing an attorney to solve the problem caused by the rejected Affidavit). I often see requests for this, particularly for passports, drivers licenses, and certain immigration documents (some of which are not to be photocopied).

Reply by Ernest_CT on 2/8/05 12:59am
Msg #19730

Whoa! Thanks, Bobbi!

No copy affidavits suggestions from me! That's much more trouble than I need. I'll open the CT Notary Public Manual, point out the paragraph, and let the (potential) affiant make up their own wording.

In the case of a request for anything to do with a copy of passport, birth (or death) certificate, or other public record, there has never been a question in my mind: I would refuse any notarial act as possibly illegal, or at least ill-advised. (Public record? Sorry; no can do.)

Reply by Korey Humphreys on 2/6/05 11:11am
Msg #19559

Now, I remind you I am not an attorney, however I am an active paralegal for the public. This question arose in my office located in Massachusetts. I found out the following:

You are the notary. You can purchase forms already created to your benefit, or like me, you can create your own to save you time and money. The only thing you can't do, is tell the client/customer what form to use. You can word your notarial certificate to meet your state requirments (if any), and show the client/customer what you have. You shouldn't suggest that the client/customer chose your document. You let him/her decide on their own, and you just fill in the required information, such as their name, evidence of identification, etc.

I know in Massachusetts the Governor has given sample copies of what to write on a Notarial certificate. We have specific wording that we must comply with. We just cannot tell the client/customer which notarial certificate they need. We let them chose what they think they need, hence: for an acknowledgment, we choose the acknowledgment certificate!! LOL

Heres what we have:

State
County

I, (name of document holder), swear/affirm that the foregoing (or attached) is a true and complete copy of the document which it purports to represent, and that, to the best of my knowledge, the photocopied document is neither a public record nor a publicly recordable document, certified copies of which are available from an official source other than a notary public.

_________________
signature of holder

Sworn to (or affirmed) and subscribed before me this ____ day of ______ 20__, by (name of document holder).

_____________________________
Korey E. Humphreys, Notary Public



Hopefully this helped.

Reply by Ernest_CT on 2/7/05 2:07pm
Msg #19640

Thanks!

The wording seems to cover a lot of the concerns about documents which might be considered public records, but not obviously so.