Posted by NJDiva on 4/4/11 6:12pm
Msg #378592

Notarize Copies of a Passport?

I just had someone call to get copies of a passport notarized. Can we do that?

Reply by LKT/CA on 4/4/11 6:19pm
Msg #378595

NO

We don't notarize copies of anything. We notarize a signature to a *statement*. The customer must write a *statement* about the copy (i.e. This is a true and exact copy of my passport), sign the *statement* and you notarize the signature to the *statement* about the passport.

Reply by Philip Johnson on 4/4/11 6:25pm
Msg #378597

I'd read the NJ manual, before doing anything

that I saw on a website. It may save you from making a mistake.

http://www.salemcountyclerk.org/files/24_NEWJERSEYNOTARYPUBLICMANUAL.pdf

Reply by FlaNotary2 on 4/4/11 6:30pm
Msg #378599

Original poster is not in CA, Lisa

But in this case, a New Jersey notary can not certify copies.

A Florida notary, however, can attest to true photocopies of passports, driver licenses and many other documents, as can notaries in Arizona, Arkansas, Colorado, Delaware, Georgia, Idaho, Iowa, Kansas, Maine, Masssachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Mexico, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas (although the Texas SOS prohibits notaries from certifying copies of passports and driver licenses), Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. That's more than half of all the states in the union *DO* allow the certification of copies by notaries.

Your suggestion: "The customer must write a *statement* about the copy (i.e. This is a true and exact copy of my passport), sign the *statement* and you notarize the signature to the *statement* about the passport", is absolutely not applicable to every state. This also may border on legal advice.

Not an attack on you, Lisa. I know it is easy to forget that this forum services notaries in ALL states and that most states' notary laws are not nearly the same as those in California.

Reply by LKT/CA on 4/4/11 6:31pm
Msg #378600

Oops, not CA...sorry, my bad ;-) n/m

Reply by Teresa/FL on 4/4/11 6:29pm
Msg #378598

Florida allows a notarization of an "attested photcopy"

As long as "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," per the Governor's Reference Manual for Notaries.

What do the NJ notary statutes allow?

Reply by ME/NJ on 4/4/11 6:48pm
Msg #378608

Big no n/m

Reply by FGX/NJ on 4/4/11 6:59pm
Msg #378610

Have person make a sworn statement (put them under oath) that it is a true copy(on same page as copy of Passport) and Notarize their signiture with jurat.

Reply by John Schenk on 4/4/11 7:10pm
Msg #378615

I think there is a distinction between "Certifying" a copy..

and notarizing a certificate that goes something like this:

Affidavit of True Copy (or whatever title they give it)

State of ____________
County of _____________

I, John Doe, certify that the attached passport is a true, correct, and complete photocopy that I made of my United States Department of State issued passport.

____________________________________
John Doe

SUBSCRIBED AND SWORN to before me this _________ day of ____________, 2011, by John Doe.

_________________________________
Notary Public

I could notarize that in Texas. I'm not "certifying" the copy, but only that John Doe swears that he made a true and correct copy. The monkey's on John Doe's back. We can't "certify" copies of passports in Texas either, but I would notarize such an affidavit as set forth above.

Not legal advice, yada yada as I'm a layman.

JJ

Reply by FlaNotary2 on 4/4/11 7:13pm
Msg #378618

But there is no reason to use that affidavit form if you

are in a state where notaries can certify copies - and that includes Texas (except that the Texas SOS is of the opinion - from which I respectfully dissent - that passports can not be certified by a notary because they can be certified by another public official, even though the Department of State can not certify copies of a passport because the only original is in the possession of the bearer). However, it is my non-lawyer opinion that all other states where copy certifications are permitted of notaries allow their notaries to certify copies of passports except where specifically prohibited by that state's SOS or statutes.

Reply by John Schenk on 4/4/11 7:23pm
Msg #378620

Re: But there is no reason to use that affidavit form if you

Again, I said in Texas I could/would do it that way, and have.

It obviously isn't true that a Texas notary can certify a copy of a passport when the Texas SOS's opinion is that we can't. You can respectfully dissent on the Texas SOS's opinion that we can't do it all you want, but I don't plan on testing out that dissent personally, as I truly respect MY SOS's opinions. LOL

JJ

Reply by FlaNotary2 on 4/4/11 7:36pm
Msg #378624

Don't get me wrong

If your SOS tells you to do something... do it. There are things that I don't agree with Florida's SOS about, but I still follow their directions. Not going to risk my commission playing a game with the SOS.

Reply by John Schenk on 4/4/11 8:00pm
Msg #378633

Re: Don't get me wrong

I certainly agree on that. Doubt anyone that's looked into it doesn't have a SOS opinion that they might take issue with. It still IS what it IS, so we all work within our parameters of the statutes, and opinions, within our own states, which certainly vary from state to state.

It WOULD be nice if the codes would be completely uniform throughout the states, but they're not, and probably never will be, although there is quite a bit of uniformity. Everyone has to check their own laws within their state as there is NO uniform rule on many questions that arise.

The ONLY UNIFORM RULE is that you have to look to the laws of your own state, and the ultimate responsibility falls upon the notary to follow the rulings, opinion letters of the various SOSs, and the statutes in executing the duties of the office. I believe that to be ONE statement that we can ALL agree.

JJ

Reply by BrendaTx on 4/4/11 10:23pm
Msg #378669

Re: Don't get me wrong

John, I agree.

I like our SoS a lot. Those folks are johnny on the spot getting back with me when I seek information.

I also keep my ear tuned to what the NASS (National Assn. of Secretaries of State) members are saying and learn a lot of tidbits about how they run their offices and what they do and don't do...and how the law is interpreted internally.

I've learned again and again, it doesn't matter that something is not outlined perfectly in law, the SOS staff fine-tunes with rules.

And, even when law is considered to be perfectly clear, and the SoS has certain rules and directives, the Attorney General can make decisions that overrule prevailing interpretations or ratify deviations from common interpretations and procedures.

Another real test is when a notarization goes to be authenticated...will it be? Or not?

Monday night ramblings.

Reply by Scott/NJ on 4/4/11 10:22pm
Msg #378668

"We don't notarize copies of anything. We notarize a signature to a *statement*. The customer must write a *statement* about the copy (i.e. This is a true and exact copy of my passport), sign the *statement* and you notarize the signature to the *statement* about the passport."

This was the instruction I received when I had this exact situation. What JohnShenk said is basically the same thing.

The person signed the statement saying that they made the copy and did not alter it in any way, and I notarized their signature on that statement. I used my embossing seal and went through the passport copy at the same time, and noted such.

Again, that was the way I was instructed to do it- first by my County Clerk's office, then they told me to verify that with the NNA (!).

BTW- the reason this needed to be done is that the person was from China and working here in the States and needed to pay his US taxes. The IRS wanted proof that his parents lived with him for the time he claimed. He was instructed to submit a "notarized copy" of his parent's passport showing the dates they were here in country. The IRS instructed this of him.

Reply by NJDiva on 4/4/11 11:51pm
Msg #378678

Thanks so much for everyone's help and experience.

It turns out I was able to get in touch with the President of the NJNA (NJ Notary Assoc) who so graciously supplied me with an affidavit that pretty much contained the verbiage everyone was suggesting as to his sworn attestation of it being a true copy. It also included that the original document was presented to me. It is called "Document Custodian Affidavit of Copy." It also stated that it (the affidavit) was not a true certified copy under NJ state law.

Really great feedback! Thanks everyone!

Cheryl

Reply by FlaNotary2 on 4/5/11 7:19am
Msg #378689

Incidentally, I do notarized copies quite often

Here in Florida our law calls them "attested copies" - but it's really the same thing as a certified copy.

At the law firm where I work, we frequently do POAs, wills, and other estate planning docs. With POAs, we always have the client sign two original POAs - one goes with the client and one stays with us, so I can always issue notarized copies from that original (we can only make copies from original documents in Fla.). I also provide the client with two or three notarized copies which are usually sufficient in place of an original, especially when I do the whole red foil seal bit. If I want to get really fancy I will run the ribbon through the pages and emboss over the ribbon like they do in Europe - but this is only done in very special circumstances.

I am primarily a family law paralegal, however, and the courts require that the petitioner to every divorce action provide proof of residency - usually in the form of a Florida driver license. We always do notarized copies of the D/L and file it with the court. I've also done copy attestations for social security cards, passports, stock certificates, general affidavits, health care surrogates, etc.

I'm surprised that more states don't allow them. This is a very basic notarial act. It's a shame its been stripped away in so many states.

Reply by bpn/NY on 4/5/11 8:49am
Msg #378704

Re: Incidentally, I do notarized copies quite often

Hi Is it better to use a color copy ? by the way here is a link to wikipedia that talks about this question en.wikipedia.org/wiki/Certified_copy

Reply by NJDiva on 4/5/11 10:56am
Msg #378716

Re: Incidentally, I do notarized copies quite often

Just an FYI, I don't necessarily give Wikipedia a whole lot of clout as my step son told me that everything posted there is information supplied by an everyday person. They're all just peoples opinions, not facts.