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What’s the Difference Between a Certified Copy and an Attested Copy?

Notaries often ask, "What's the difference between an attested copy and a certified copy?" For notarial purposes, the terms are sometimes used interchangeably. But the confusion around them can lead to a real problem: performing a notarial act you aren't authorized to perform.

Why the Confusion Exists

They sound alike, and people use them casually as if they mean the same thing. Some document requesters ask a notary to "certify a copy" of a document without realizing that certain records can only be certified by the agency that holds them.

So the real question isn't what the term means. It's whether you're allowed to make a certified copy of that particular document.

What Is an Attested (or Certified) Copy?

An attested copy, also called a certified copy or copy certification, is a copy made from an original document, either by the notary or by someone else while the notary watches. The notary then completes a notarial certificate stating that the copy is a true, exact, and unaltered copy of the original.

When you make an attested copy, you are not guaranteeing the authenticity of the original document, its contents, or its effects. 

Note: This is not an authorized notarial act in every state. Check your state's notary laws and rules to confirm whether you can perform it.

Rules to Follow When Making an Attested Copy

If your state authorizes you to make attested copies, there are several important restrictions you must keep in mind.

  • Never attest a copy of a copy. You must be presented with the original. You either make the photocopy yourself or supervise the copy being made. If someone brings you a photocopy and asks you to attest it, you must decline.
  • Know which documents are off-limits.  Certain recordable documents cannot be attested. For example, U.S. birth certificates are recorded with Vital Statistics in the state of birth, so certified copies must come from that office. Death certificates, marriage records, and school transcripts are also recordable and prohibited from being attested. People who need copies of these should contact the issuing agency or institution directly. Some states even list which documents that cannot be attested/certified.
  • Make sure a Certificate of Certified/Attested Copy is completed to accompany the photocopy. It should state that the copy was made or supervised by the notary and include the document custodian's name and a description of the document being copied.

What to Do When You’re Not Sure

If you're unsure whether a document is eligible, don't proceed. Instead:

  • Review your state's notary statutes or administrative code for guidance on copy certification/attested copies.
  • Contact your state's commissioning authority for clarification.
  • Suggest the signer to consult the issuing agency or institution directly if the document may have an official custodian.

It is always better to pause and verify than to perform a notarial act incorrectly.

 


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Category: Notary Blog