Posted by PAW on 6/2/10 9:23pm
Msg #339522

Question for those allowed to make certified copies

Florida allows notaries to make certified copies of many documents. My question is whether or not a notary can make a copy of a notarized document, for example, a letter (affidavit by all accounts) that has the affiants signature and a properly prepared and executed jurat? (Notarized by another notary or official authorized to give an oath or take an acknowledgment.)

What say you?

Reply by aurelio/FL on 6/2/10 9:54pm
Msg #339529

Sure, as long as it hasn't been publicly recorded n/m

Reply by Notarysigner on 6/2/10 9:57pm
Msg #339530

Partial answer. we here in Calif are very limited as fair as making certified copies.

A notary public may only certify copies of powers of attorney under Probate Code section
4307 and his or her notary public journal. (Government Code sections 8205(a)(4), 8205(b)(1),
and 8206(e))
Certified copies of birth, fetal death, death, and marriage records may be made only by the
State Registrar, by duly appointed and acting local registrars during their term of office, and
by county recorders. (Health & Safety Code section 103545)

Reply by OR on 6/2/10 11:30pm
Msg #339546

Re: The Oregon hand book says as I read it yes

A notary public may also certify or attest to a copy of a document. For this type of notarization, the notary officer must determine that the copy being certified is “a full, true, and accurate transcription or repro-
duction of that which was copied.” ORS 194.515(4).
In this case, the signer is not stating anything about the document, the notary is. It is vital that the notary make the copy or carefully oversee its making. In addition, the transcription or reproduction must be full (including the margins!), true, and accurate. For this reason, it is best to photocopy the document. A certified copy does not have to be made from an original if the certificate does not specify “original document.” It may be a copy of a copy. If a notary knowingly makes a copy of a photocopy, the certificate wording “a copy of a photocopy” may be used. Personal appearance is required by the person requesting the certified copy


I certify that this is a true and correct copy of a document in the possession of_____________.
Dated:____________,20___.

Reply by Susan Fischer on 6/3/10 1:02am
Msg #339550

And gives a sample Cert with the definition:

"Certifying to a Copy of Document is where the notary determines that the copy is "a full, true and accurate transcription or reproduction of that which is copied." ORS 194.515.(4). It is important to note that the notary is responsible for the faithful reproduction of the original. Therefore, the notary is the one that should make the copy, usually a photocopy. Notaries should not copy public records; certified copies are available from the agencies in charge of those records. It is illegal, for example, to certify to copies of birth or death certificates. Example on page 38."

Reply by Dennis D Broadbooks on 6/3/10 5:36am
Msg #339554

In Missouri...

..."A notary public may certify a facsimile of a document if he or she receives a signed written request stating that a certified copy or facsimile, preparation of a copy, or certification of a copy of the document does not violate any state or federal law."

"I say" according to Missouri Notary statutes we can most certainly make certified copies of a notarized document as long as the criteria above is met.

Reply by BrendaTx on 6/3/10 6:27am
Msg #339556

This is not an easy question to answer.

That's why I didn't jump in and quote our SoS.

My first inclination was to say, "Sure. Why not?" However, our Texas notary law says that we cannot certify a copy of a document >>recordable<< in public record. [Section 406.016 of the Tx. Government Code for those interested.]

Normally, you would not think of a jurat as a certificate which makes a document recordable, but in the following attorney general's opinion, it discusses (among other things) that the clerk should not have an undue burden placed on them by determining the appropriateness of certificate wording.

http://www.oag.state.tx.us/opinions/opinions/47mattox/op/1988/htm/jm0883.htm

That is not the opinion I was looking for...I will continue to look for it. It determined that a malformed acknowledgment (which was actually a jurat) could not keep the document from being recorded. I *think* I have also read that in more recent times, jurats are acceptable for recording.

My point being (erring on the side of caution until learning otherwise), I am of the lay-opinion that any document bearing a Texas notary's certificate is >>recordable<< in the public records of Texas. [If a certified copy is desired of a recordable document, it should be certified as a copy by a clerk where the document is deposited. (406.015) ]

This is an interesting question. I know that your question does not include a document which is destined for recording, but I'd have to say no copying of notarized documents/letters/affidavits, until I got an opinion from the SOS otherwise. The fact of the affidavit's seal means that the affiant wants the document to be taken seriously and as their personal testimony. Such important documents are for what? Proving a point (or wishes) that might otherwise go the other way and such matters are ultimately bound for litigation...which means the documents becomes a part of the public record.

Not wishing to argue, just stating what I think is intended by our "recordable in the public record" remark. The word is "recordable". If the notary's seal is on the document, then it will likely be accepted for filing or recording which makes it part of the public record. Again, this is the strictest interpretation. I might ask for clarification by the SOS if I get time.

Reply by MelissaM_FL on 6/3/10 6:41am
Msg #339558

I say yes.

The attorney I worked for used to have me make copies of Durable Powers of Attorney on a regular basis. To do it properly, I would have to make copies of the original DPOA myself, then attach the proper wording from the Governor's Manual.

If someone presents an Affidavit for certified copies, then, yes, I will do that, so long as I make the copies. I follow Florida law and do not notarize copies of documents that are public records (birth and death certificates, etc.).

One caveat, although this issue has never come up, I would NOT make a certified copy of an original Will, since the intent is that there should be one original. If the office I worked for had prepared the original, we would do "conformed" copies, but not copies of the original itself.