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Notarizing Copy of POA
Notary Discussion History
 
Notarizing Copy of POA
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Posted by Lora on 7/2/08 2:19pm
Msg #253952

Notarizing Copy of POA

How can I noterize POA?

Reply by MistarellaFL on 7/2/08 2:23pm
Msg #253955

We notarize signatures, not documents

You will notarize the signature on the POA just like any other signature you have notarized.

Reply by Lora on 7/2/08 2:25pm
Msg #253956

Re: We notarize signatures, not documents

but this is a copy

Reply by CaliNotary on 7/2/08 2:28pm
Msg #253957

Re: We notarize signatures, not documents

You notarize signatures. No signature, no notarization.

Reply by coastal/CA on 7/2/08 2:28pm
Msg #253960

How about your SOS handbook?

See page 17

Reply by Lora on 7/2/08 2:40pm
Msg #253963

Re: How about your SOS handbook?

Coastal/CA thank you so much for your answer, you are the best! You understood what exactly I wanted to know. Thank you one more time.

Reply by MistarellaFL on 7/2/08 2:28pm
Msg #253958

but this is a copy LOL

That doesn't change anything....you can only notarize the signatures of persons appearing before you. Does that ring a bell?


Reply by mobitary on 7/2/08 2:41pm
Msg #253964

In California you can certify a copy of a POA I think that is what you are referring to (Handbook page 17) check you States handbook

Reply by Lora on 7/2/08 2:44pm
Msg #253965

I know that we can notarize only signature, I understand if there is no signature, there is no notariszation. I've never notarized copies before, and I just wanted to know what form(verbidge) and steps of notarization. Page 17 explains e/thing. Thank you

Reply by BrendaTx on 7/2/08 3:07pm
Msg #253967

You aren't "notarizing" copies. You are certifying copies. Correct?

Learn the language of the professional notary. It will take you far!

Reply by Lee/AR on 7/2/08 3:20pm
Msg #253970

Just curious...

How does one know it is an 'exact copy' unless one does the actual copying?? I'm back to my 'little bit of whiteout & a copy machine can'...well, do a lot of things.

Reply by mobitary on 7/2/08 3:26pm
Msg #253972

Re: Just curious...

You do have to compare it to the original, that is the only way that is allowed.

Reply by Merry_CA on 7/2/08 3:59pm
Msg #253977

Re: Just curious...

I don't find where it says you must have the original to compare to.... please tell me where to find that wording. Thanks!

Reply by desktopfull on 7/2/08 4:21pm
Msg #253981

Re: Just curious...

Exactly how can you certify that it's a true copy if you can't compare the copy to the original?

Reply by Sylvia_FL on 7/2/08 4:27pm
Msg #253983

Re: Just curious...

Merry
There is a sample of a certified copy of a POA certificate in the current California handbook. States that the notary has examined the original. Hope this helps.

State of California }
County of _______________
I (name of notary public) , Notary Public, certify that on (date) , I examined
the original power of attorney and the copy of the power of attorney. I further certify that
the copy is a true and correct copy of the original power of attorney.
NOTARY PUBLIC SIGNATURE NOTARY PUBLIC SEAL

Reply by Sylvia_FL on 7/2/08 4:30pm
Msg #253985

California Probate code 4307

PROBATE CODE
§ 4307. Certified copies of power of attorney

(a) A copy of a power of attorney certified under this section has the same force and effect
as the original power of attorney.
(b) A copy of a power of attorney may be certified by any of the following:
(1) An attorney authorized to practice law in this state.
(2) A notary public in this state.
(3) An official of a state or of a political subdivision who is authorized to make
certifications.
(c) The certification shall state that the certifying person has examined the original power
of attorney and the copy and that the copy is a true and correct copy of the original power of
attorney.
(d) Nothing in this section is intended to create an implication that a third person may be liable
for acting in good faith reliance on a copy of a power of attorney that has not been certified
under this section.

Reply by Merry_CA on 7/2/08 6:43pm
Msg #254000

Re: California Probate code 4307

This is all great information.... thank you Sylvia.... it only makes sense that the Notary would need to see the original.... duh!



Reply by Sylvia_FL on 7/2/08 7:21pm
Msg #254004

Re: California Probate code 4307

You are welcome, Merry

Reply by Gerry_VT on 7/2/08 4:19pm
Msg #253980

Re: Just curious...

Some notary statutes have not been touched since before the invention of the copy machine. So naturally, notaries are allowed to make copies by reading the document to be copied and writing what they see with a pen, unless the statute has been amended since the invention of the copy machine.

Reply by desktopfull on 7/2/08 5:10pm
Msg #253989

Re: Just curious...

"....notaries are allowed to make copies by reading the document to be copied and writing what they see with a pen,..."

In NO WAY would I ever make the hand written copy of a document for anyone, the person wanting the copy certified better be the one providing the copy for certification whatever form they choose to provide. Unless things have changed, we aren't supposed to prepare the documents that we certify or notarize. JMO

Reply by Gerry_VT on 7/2/08 6:28pm
Msg #253999

Re: Just curious...

"Unless things have changed, we aren't supposed to prepare the documents that we certify or notarize." Um, compose, no. Copy, yes (if your state allows you to certify copies).

Reply by desktopfull on 7/2/08 7:05pm
Msg #254003

Re: Just curious...

And what do you think will happen if you make one error in copying said doc? I'm not willing to take that chance, especially in this sue crazy society we currently have. But others may feel differently, which is okay. JMO

Reply by BrendaTx on 7/2/08 7:59pm
Msg #254005

Re: Just curious...

Lee, With the Texas copy certification our certificates kind of spell it out. The notary makes a copy. Our certificates say this:

CERTIFIED COPY OF A NON-RECORDABLE DOCUMENT



State of Texas
County of _______________

On this __________ day of __________, (year), I certify that the preceding or attached document, and the duplicate retained by me as a notarial record, are true, exact, complete, and unaltered photocopies made by me of (description of document), presented to me by the document's custodian, _______________, (*held in my custody as a notarial record) 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.





______________________
Notary Public's Signature

(Personalized Seal)





*This phrase would be inserted and the proceeding phrase, "presented to me by the document's custodian", would be deleted in the event a person was requesting a certified copy of the Notary Public's journal.

(The above is from the SoS of Texas' website.)

Reply by Gerry_VT on 7/2/08 4:17pm
Msg #253979

Definition of notarize

I believe "notarize" covers any official act that a notary performs that results in the notary writing something down. It would cover administering an oath or affirmation (so long as there is a jurat), taking an acknowledgement and giving a certificate of acknowledgement, certifying a copy, issuing a subpoena, etc. So "notarize" is such a general word that it is nearly useless, and should probably be avoided.

Reply by Lora on 7/2/08 5:52pm
Msg #253993

NEVER EVER humiliate people because of making mistakes when they speak not their own language. Better help othewise don't spend your time to write such messages. People who want to help always understand you, and if not they will ask to repeat. I wish you to speak more than one language like I do. Good luck.

Reply by desktopfull on 7/2/08 6:12pm
Msg #253998

How does constructive critism "humilate" anyone? It always

makes one sound more professional if they are using the correct terminology in their chosen field of work when asking a question of the other professionals. That is all that was being pointed out to you. If you read the manual provided by your SOS (Secretary of State) on how you are supposed to do specific things you will find your answers. Most have either a table of contents or index in the back to aid your search.

Reply by Merry_CA on 7/2/08 6:50pm
Msg #254001

It's unfortunate Lora.... but that's the "culture" here on NotRot.... there are some nice folks who are always helpful but most are just hovering.... waiting for one false move.... then come in for the kill... they live for it.... the slip-up... the wrong word.... the whatever.... now that their livelihood is threatened because the notary signing agent work is drying up they are worse than ever.... too much time on their hands!.... don't take it personal... they don't know you... and with any luck you will not ever know them.... but do realize that this business is has hit very hard times and the future does not look good for the NSA.... don't quit your "day job"! Wink

Reply by Lora on 7/2/08 5:53pm
Msg #253994

my last message was for BrendaTx

Reply by sue_pa on 7/2/08 5:58pm
Msg #253997

Brenda can speak for herself but perhaps you should take some lessons in reading comprehension

Reply by aatatusko on 7/2/08 8:25pm
Msg #254007

Maybe I missed something.......

Lora, when Brenda was referring to language I don't think she was referring to your or anyone elses 'native tongue'.....maybe I'm wrong but I'm afraid you might have jumped and just dissed one of the best resources you would have ever found on this site.

'Learn the language of the professional notary. It will take you far!'

As always, BrendaTx is a straight shooter.





Reply by BrendaTx on 7/2/08 8:33pm
Msg #254008

Re: Maybe I missed something.......

Thanks, Amy...I meant if you want to ask a question try to use the right words to get a straight and quick answer.

The terms are in the notary handbook. If one cannot read and comprehend the things in the notary handbook well enough to pose a query...then how do you get to be a notary and pass the test in CA?

It just seems like if you read the book the terms jump out at you and you can either figure it out for yourself or at minimum ask the question so that someone can readily understand it and provide the answer you seek.
=============
I've learned to be unconcerned about the meanie accusation. I'm sure she thinks I am or she would not have accused me of attempting to humiliate her.





Reply by JanetLA on 7/3/08 7:18am
Msg #254037

Not in Louisiana

We can only certify a true copy if we have prepared the original. Nobody can tell me any more than I already know: Louisiana is usually different. It was just interesting to read all the other responses from different states. Have a great weekend to all


 
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