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What Notaries Need to Know About Certifying Copies of Documents

Certifying a copy of a document is a common request for notaries public—but it is also one of the most misunderstood notarial acts. Before performing a copy certification, a notary must understand both the procedural steps and the specific limitations imposed by their commissioning state’s law. Because authority varies significantly by state, careful review of your state’s notary statutes is essential before proceeding.

What Is Copy Certification?

Copy certification is a notarial act in which a notary confirms that a photocopy of an original document is a true, accurate, and complete reproduction of that original. The notary is not validating the contents of the document—only that the copy matches the original presented.

The Basic Process for Notaries Certifying a Copy

While procedures vary slightly by state, the general process includes these three core steps:

1. The Document Custodian Appears Before the Notary

The person in possession of the original document (the “custodian”) must personally appear before the notary and request the copy certification.

2. The Notary Compares the Original and the Copy

The custodian presents both the original document and the photocopy. The notary carefully compares the two to confirm they are identical. In some states, the notary may make the copy directly from the original.

3. The Notary Completes a Notarial Certificate

After verifying the copy’s accuracy, the notary completes and attaches a notarial certificate stating that the copy is true, accurate, and complete.

Not All States Authorize Copy Certification

Whether a notary may certify copies depends entirely on their commissioning state’s laws. While many states permit copy certification of original paper documents , others prohibit it entirely. States that generally do not authorize* notaries to certify copies include:

  • Michigan
  • Mississippi
  • Nebraska
  • New York
  • North Carolina
  • Ohio
  • South Carolina
  • Tennessee

If commissioned in one of these states, a notary must decline the request.

* State laws vary. Always verify your state laws and administrative code to confirm if allowed.

States With Significant Restrictions

Some states allow copy certification but limit the types of documents that may be copy- certified. Make sure to check your state laws to see if your state has such restrictions. This information can usually be found on your commissioning authority’s website.

Immigration and Federal Document Restrictions

It is illegal to make unauthorized copies of certain federal immigration documents, including Certificates of Naturalization or Citizenship. These restrictions apply regardless of whether the copy is certified. Violations may carry criminal penalties. Notaries should proceed cautiously and decline any request that appears to conflict with federal law.

Additional Requirements in Certain States

Some states impose procedural requirements beyond simply comparing original and photocopied documents. For example, West Virginia requires: A written and signed request from the person seeking copy certification A statement confirming that a certified copy cannot be obtained from the public records custodian Confirmation that producing the copy does not violate state or federal law Retention of a copy of the document in the notary’s records Failure to follow these additional steps could invalidate the notarial act.

Key Takeaways for Notaries

Before certifying any copy: Confirm your state authorizes the act Determine whether the document type is eligible Follow any additional procedural requirements Never certify copies of publicly recordable documents or vital records where clearly prohibited Decline requests involving restricted federal documents Copy certification can appear straightforward, but the legal nuances are significant. As always, a careful, statute-driven approach protects both the notary and the public.


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Category: Notary Blog