Posted by DD Thornton on 3/16/05 1:12pm
Msg #25823

Can I notarize a copy?

Hi there, I am a new CA notary..and last week notarized a jurat for my company. They however forgot to give me a second set of docs that also need to be notarized. I want to know if I can notarize the copy of this doc since this is all they have with them. They sent the originals back to the requestor.

THANKS TO ALL THAT REPLY, I am still anxious about doing these and want to do the best job that I can.

Reply by Art_MD on 3/16/05 1:26pm
Msg #25826

In general (I'm not being state specific) in general, you notarize signatures on jurats and take acknowledgements. Either one requires the person to be present and, in the case of jurats, sign before you (after meeting your states requirements). To notarize a copy of a signature is absolutely illegal. Some states allow you to certify copies but that doesn't appear to be what they want.
Hope this doesn't affect your relation with your boss.


Art

Reply by DD on 3/16/05 1:30pm
Msg #25829

Thank you Art, I appreciate your reply. My Boss already signed and sent the doc back but the requestor is asking for it to be notarized as it should've from the start. They did not send us the original back. I don't know what to do. Can I do an all-purpose acknowledgement and attach it to the copy? I'm so confused.

Thanks again.

Reply by Art_MD on 3/16/05 1:40pm
Msg #25833

NO. Read you notary handbook. Somewhere it will tell you that to notarize an acknowledgement, the person must be present. Also, the wording of an acknowledgement probably is "on ... appeared before me .... who ....". If he isn't before you, he isn't acknowledging he executed the doc and even if he was in front of you, he didn't execute the doc, it's a copy of a doc he executed.
You said it was a jurat. Same thing re: wording probably say " on ... appeared before me.... and have sworn or affirmed...." . If he's not there you can't do it.
Someone from CA can confirm this - they may be able to make a copy of the original and certify it as a true copy.

Art

Reply by DD on 3/16/05 1:51pm
Msg #25835

I'm only confusing things more. Thank you for your time Art, I really appreicate it.

Reply by Stephanie/CA on 3/16/05 4:33pm
Msg #25859

Re: Can I notarize a copy? DD

Have your boss sign on the copy, you can then notarize the document.

Reply by Jon on 3/16/05 1:57pm
Msg #25838

If the signer appears before you, signs the copy of the doc in your presence, and you administer the oath, then yes, you can notarize a copy of a document.

Please do not confuse this with a copy certification, which CA notaries are not allowed to do unless it is a POA or copy of a journal entry.

As a side note, I would also suggest re-reading your handbook, on an ongoing basis. The more you review, the more comfortable you will be with CA law, and the less likely you will perform an improper act.

Reply by DD on 3/16/05 2:03pm
Msg #25839

Thank you for your time and guidance Jon. I've begun to read my handbook more so than ever now that people are requiring my service more often. It seems like I am getting so many interesting things, that I am second guessing myself.

I appreciate your experience.
DD

Reply by Stephanie/CA on 3/16/05 4:32pm
Msg #25857

A Copy of a document can be notarized as long as the signature is original.....

For example you receive a fax, if the signature you will be notarizing is signed onto that fax, you can notarize the sig....you cannot notarize a copy of a sig.

Reply by John_NorCal on 3/16/05 9:32pm
Msg #25906

Kudos to all!

It looks like Harry's post about offensive posts did some good! At least for a day or so. This poster is a new person and asked a question that many of us would have felt she should have known However reading all the replies to her, they were all civil and helpful. I think this is the attitude we should project on this board. It's a good board with a lot of impressive people that are well qualified to share their knowledge.
I wouldn't mind seeing something like this progress to the point where it was well respected in the industry -- move NNA aside!