Posted by Roger_OH on 5/26/11 12:45pm
Msg #384427

Copy Certification by Document Custodian?

XYZ states that this statement (used in states where copy certification is not a notarial act) requires the notary certificate to be in jurat format and an oath administered.

Often times, the document custodian just writes his/her own certification statement directly upon the copy, or on an attached sheet, and the signature is notarized. Since the signer has to choose the certificate wording, why couldn't they choose an acknowledgement? How could we force them to use a jurat?

I obviously know about XYZ and their questionable info, but how do those of you in non-copy certification states handle the notary certificate wording for these requests?

Reply by PAW on 5/26/11 12:52pm
Msg #384429

If the certification document is written as an affidavit, then a jurat would be required since the affidavit requires the person signing be under oath. Fortunately, for Florida, anytime a oath is required to be given, a jurat must be attached.

The actual wording in the statute is:

117.03 Administration of oaths.—A notary public may administer an oath and make a certificate thereof when it is necessary for the execution of any writing or document to be published under the seal of a notary public. The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required.

Reply by A S Johnson on 5/26/11 1:00pm
Msg #384430

In Texas, the doc is called "Custodian of Documents Affidivat". It is a Sworn statement.
The custodian fills it out. I, the Notary then ID's that person, issued the oath watches the signing etc.
I do them all the time. Min Fee is $50 for Addresses in Weatherford.

Reply by jnew on 5/26/11 2:12pm
Msg #384437

I am a little uncertain as to what this accomplishes. The guarantee is made by the owner of the document. As it is written, it does not even require the notary to examine the document. This does little more than ask the owner of the document if he is in possession of a copy of the document. Why would the inquiring party want to rely on this assurance?

Reply by FlaNotary2 on 5/26/11 2:20pm
Msg #384439

I agree

I think this is a practice that should be discouraged. Luckily, in Florida we are allowed to issue certified copies (called "attested copies" here, but the same thing) of documents that are not vital records or documents which have been publicly recorded. We can attest copies of driver licenses, passports, diplomas, etc.

The whole concept of "Copy Certification by Document Custodian" accomplishes very little - it is a perfect example of people just trying to get a "notary stamp" on their paper to "make it legal". It is not at all the same thing as a notary-certified photocopy. Unfortunately, many states do not allow notaries to exercise this very basic notarial function.

I don't see why the NNA and other websites/groups insist on pushing this as an acceptable form of notary-certification. This is used in an attempt to get around state law. It might be considered UPL for a notary to offer a "copy certification by document custodian" as an alternative.

Reply by A S Johnson on 5/26/11 4:45pm
Msg #384466

Re: I agree

The Affidviat of Custodian of Documents" is used for chain of custody of the orginals and that person copied those from the orginals. in thier file.
The most I do is for doctors offices.
My assignments come from legal services, and law offices who are putting documents together for legal actions.
My job as a Notary is to ID the person who identified themselvef as the designated custodian for the required docs. Issue an oath. Provide a Notary Cert. Now in most cases the service or lawyer office want the custodian to return the docs, not the Notary. Again a chain of cusdoty and security thing.
In most cases I'm gone from my office about an hour for $50.
And I know I'll get paid. My collection path is a simple e-mail to the Texas State Bar. Believe me, the one thing an attorney in the State of Texas does not want is any suspicion of mis-handling monies in their pratice.

Reply by FlaNotary2 on 5/26/11 5:57pm
Msg #384477

I think we are talking about two different things

I know in Florida, an "affidavit of document custodian" is an affidavit by a corporate officer, or doctor's office, etc., certifying that they are providing copies from their file.

We are talking about where a person makes a copy of their passport, for example, and swears before a notary that the copy is correct. It is used as an alternative to notary-certified photocopies in the states where it isn't allowed.