Can a Notary Certify a Copy of a Document?
When it comes to document certification, the role of a notary is to validate the identity and authenticity of the document's signatory, not to certify the entire document itself. However, the rules and regulations governing a notary's ability to make a certified copy of a document can vary significantly by state and country. This article aims to clarify under which circumstances a notary can certify a copy of a document, using specific examples from different regions.
Notary Laws and Certified Copies
The process of making a certified copy of a document by a notary primarily depends on the laws and regulations in the jurisdiction in which the notary operates. In some jurisdictions, such as Colorado, a notary is authorized to create a certified copy of an original document, excluding vital records or publicly recorded documents. The notarial certificate for such copies typically includes the following statement and signatures:
I certify that this is a true and correct copy of a record in the possession of [name] dated [date].
[Notary Signature]
[Notary Stamp]
It is important to note that while a notary can vouch for the authenticity of a signature, they cannot assert that a document is a true and accurate copy of the original. This is a critical distinction, as document verifications go beyond mere signature validation.
Document Alteration and Fraud Risks
When making certified copies, notaries face the risk of document alteration and fraud. Therefore, notaries are generally prohibited from creating copies of copies, as this increases the likelihood of counterfeit documents. In jurisdictions where certified copies are allowed, notaries must ensure the original document is available to compare with the copy before certifying its accuracy.
For instance, in Colorado, if a person needs a certified copy of an original document, the notary must have the original document in their possession during the certification process. The notarial certificate then attests that the copy is a true and correct representation of the original. This is crucial in avoiding any legal disputes or fraud claims.
Legal and Historical Context
The powers of notaries to certify documents have a long historical precedent. In India, for example, the Notaries Act of 1952 clearly outlines the fees associated with certifying documents and provides a framework for notaries to operate. According to the judgement in Banarsi Dass vs Maman Chand, a notary can indeed certify photostat copies as true copies of the original. The fee for such services in India is typically Rs. 20 for the initial certification, with Rs. 10 per additional page for continuous pages of the same document.
It is worth noting that lawyers or advocates are not empowered under the Indian Advocates Act to attest or certify copies of documents as true copies of the original. While certain documents may be accepted in legal proceedings by the courts, they lack the legal sanctity and presumption of truth that comes with notarial certification.
Notary vs. Class I Officers
The powers of a notary to certify documents are not limited to notaries alone. In India, certain class I and class I I officers, as categorized by their respective pay scales, are also empowered to exercise similar powers. These officers are authorized to administer oaths, certify statements under oath, and ensure that the documents signed before them are true and accurate.
Notaries and class I officers play a vital role in legal proceedings and ensure the legitimacy of documents for various purposes. The sanctity and authenticity of the documents certified by these professionals are recognized in most countries around the world.
Conclusion
In summary, a notary can certify a copy of a document under specific circumstances, typically excluding vital records and publicly recorded documents. The process involves creating a certified copy of the original and including a notarial certificate to attest to its authenticity. It is crucial to understand the legal framework and specific rules governing such actions to avoid any legal complications. Always consult local laws and regulations to ensure compliance and accuracy in document certification processes.