Key Takeaways
- Copy certification confirms a copy is a true reproduction of an original document
- Notaries cannot certify copies of vital records (birth, death, marriage certificates)
- Signature witnessing requires the notary to personally observe the signing
- The original document must be presented for copy certification
- Some documents may only be certified by the issuing agency
Copy Certification and Signature Witnessing
These two notarial acts have specific requirements and limitations in Oregon.
Copy Certification
Copy certification attests that a copy of a document is a true and accurate reproduction of the original.
Requirements
| Requirement | Detail |
|---|---|
| Original presented | Must see the original document |
| Make the copy | Or compare copy to original |
| Certify accuracy | Copy is true reproduction |
| Complete certificate | Attach certification statement |
Limitations on Copy Certification
Notaries CANNOT certify copies of:
| Document Type | Reason | Who Can Certify |
|---|---|---|
| Birth certificates | Vital record | State vital records office |
| Death certificates | Vital record | State vital records office |
| Marriage certificates | Vital record | County clerk or issuing office |
| Divorce decrees | Court record | Court that issued decree |
| Court judgments | Court record | Issuing court |
| Naturalization papers | Federal document | USCIS |
Acceptable for Certification
- Diplomas and transcripts (in some cases)
- Business documents
- Contracts and agreements
- Personal documents (non-vital records)
- Immigration documents (except naturalization)
Sample Certificate Language
"I certify that this is a true and correct copy of the original document presented to me on (date)."
Signature Witnessing
Signature witnessing is when the notary observes a person sign a document. Unlike an acknowledgment, the primary purpose is to witness the act of signing.
Requirements
| Step | Action |
|---|---|
| 1 | Verify signer's identity |
| 2 | Observe the actual signing |
| 3 | Complete witness certificate |
| 4 | Apply notary stamp |
Difference from Acknowledgment
| Element | Signature Witnessing | Acknowledgment |
|---|---|---|
| Witness signing | Required | Not required |
| Pre-signed acceptable | No | Yes |
| Oath required | No | No |
| Identity verification | Required | Required |
Attesting a Signature
Attestation is similar to witnessing but specifically refers to the notary confirming they saw the signature made. Oregon law treats witnessing and attesting similarly.
Protests (Negotiable Instruments)
Oregon notaries can also note a protest on a negotiable instrument (such as a dishonored check or promissory note). This is rare and specialized.
On the Exam
- Vital records: Notaries cannot certify copies
- Original required: Must see original for copy certification
- Witnessing vs. acknowledgment: Witnessing requires seeing the signing
- Know limitations: What cannot be certified by a notary
Which document can an Oregon notary certify a copy of?
What is the key difference between witnessing a signature and taking an acknowledgment?