Join  |  Login  |   Cart    

Notary Rotary
Just PoliticsLeisure
Welcome to the Notary Talk General Discussion Forum. Before posting, please read the

You are replying to this message:
 Ways to make certified copies
Posted by VT_Syrup on 7/9/24 9:05am

In Msg #648803 Bella Tarubarova asked about whether the notary has to make the copy, or if the requester can make the copy and the notary can compare the copy to the original before certifying it. I'd like to discuss a broader question; what are some lawful ways to perform the copying operation before the notary certifies it, that haven't been mentioned in this forum.

It varies from state to state; I'd like to discuss RULONA states like VT, since those rules are less restrictive than in some states. The Vermont law is at

https://legislature.vermont.gov/statutes/fullchapter/26/103

The basic authority is given at 5304 (10)

'"Notarial act" means an act, whether performed with respect to a tangible or an electronic record, that a notary public may perform under the law of this State. The term includes...certifying or attesting a copy...."

Later there is 5362 (c) "A notary public may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. "

And then the part that describes how the copy is to be made: 5363 (e) "Copies. A notary public who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item."

When thinking about how copies are to be made, I think we should remember notaries in some states have been allowed to make certified copies for many decades, if not centuries. It is only since the 1970s that photocopiers have been available in most large businesses, and in small businesses only since the 1990s or so. So in the past notaries used to make copies by hand writing them, or typing them. When I took typing in the 1970s in high school, using carbon paper to make copies was part of the lessons. So I take it that unless a law has words like "photocopy", typing or handwriting a copy is still allowed.

Also allowed is moving back and forth between electronic and paper copies. Client want's a certified copy of a text message displayed on a cell phone screen? Why not? Once my state authorizes electronic notarization, client wants a certified copy of a paper notarized document because the recipient only accepts uploads, not paper mail? Sure.

Also, I see nothing in RULONA that says who makes the copy, just that the notary has to insure the accuracy and completeness of the document.

The biggest problem I see is making sure a paper copy of a PDF is a "is a full, true, and accurate transcription or reproduction". PDFs contain lots of metadata that doesn't show up on paper if you click the print button. For example, a field for the author and another for keywords. What if the keywords are "SPECIMEN VOID"? I have never seen any state notary manual give any guidelines for making a paper copy of an electronic document, even though many states authorize it.
Important Notice

At this time, you must be signed-in to Post a Message to the Notary Talk Discussion Forum.

In order to sign-in, you must have a Notary Rotary™ membership. Basic Membership is free. Basic Members should update their profiles at least every 6 months to prevent them from being deleted.

If you do not already have a membership, click the Join link above. After creating your profile, you should log in and update it from the My Profile page. If you do not want your information displayed to others (e.g. advertised under Find a Notary), you can hide it by checking the "Hide profile from searches" box.

If you already have a profile, click the Login link above to sign-on. If you have forgotten your password, follow the directions on the login page.

 
Find a Notary   Notary Supplies   Terms   Privacy Statement   Help/FAQ   About   Contact Us   Archive  
 
Notary Rotary™ is a trademark of Notary Rotary. Copyright © 2002-2024, Notary Rotary, Inc.  All rights reserved.
500 New York Ave, Des Moines, IA 50313.