5.4 Copy Certification and Signature Witnessing
Key Takeaways
- Copy certification attests that a reproduction is a true and correct copy of an original record
- Colorado notaries may NOT certify copies obtainable from a clerk and recorder, the Secretary of State, State Archives, or vital records — or records marked illegal to copy
- Vital records (birth, death, marriage) must come from the issuing agency, never a notary
- Signature witnessing requires the notary to watch the actual signing; no oath is taken
- Both acts must be recorded in the notary journal under RULONA
Copy Certification
Copy certification is the notarial act in which a notary certifies that a photocopy or reproduction is a true, exact, and complete copy of an original record presented to the notary. The notary must personally compare the copy against the original and confirm they match before signing the certificate. Under RULONA a written request is NOT required, but the act must be recorded in the journal.
The Critical Colorado Limit (C.R.S. 24-21-505)
A Colorado notary may NOT certify a copy of any record that can be obtained from a Colorado public office — specifically a clerk and recorder of public documents, the Colorado Secretary of State, the State Archives, or an office of vital records — nor of any record that states on its face that it is illegal to copy. The reason is that those offices issue their own certified copies; a notary's certification would be meaningless and potentially misleading.
| Record type | Can a Colorado notary certify a copy? |
|---|---|
| Personal letters, private contracts | Yes |
| Diplomas, transcripts (privately held) | Yes |
| Birth, death, marriage certificates | No — vital records office |
| Recorded deeds, liens, plats | No — clerk and recorder |
| Articles of incorporation on file | No — Secretary of State |
| Documents marked "illegal to copy" | No — face restriction |
Worked Example
A client wants a certified copy of her university diploma to send abroad. The diploma is privately held and not obtainable from a Colorado public office, so you may compare the photocopy to the original, certify it, stamp, sign, and journal it. The next client wants a certified copy of his daughter's birth certificate — you must refuse and refer him to Colorado Vital Records, because a birth certificate is obtainable from an office of vital records.
Signature Witnessing
Signature witnessing (witnessing or attesting a signature) is a notarial act in which the notary confirms the signer's identity and personally observes the signer execute the record. No oath or affirmation is taken, which distinguishes it from a jurat. C.R.S. 24-21-505 requires the notary to determine from personal knowledge or satisfactory evidence that the person signing has the identity claimed.
| Aspect | Signature witnessing | Acknowledgment | Jurat |
|---|---|---|---|
| Signer signs in notary's presence | Yes | No (pre-signing OK) | Yes |
| Oath or affirmation | No | No | Yes |
| What the notary attests | The signing occurred before them | Signer's voluntary, authorized signing | Truth under penalty of perjury |
Procedure
- The signer personally appears.
- Verify identity by personal knowledge or satisfactory evidence.
- Watch the signer sign the record.
- Complete the witnessing certificate (the record was "signed in my presence").
- Apply the stamp, sign, and record the act in the journal.
Choosing the Right Act
| Signer's situation | Correct act |
|---|---|
| Wants to swear a statement is true | Jurat |
| Pre-signed a deed and confirms the signature | Acknowledgment |
| Must sign before you but takes no oath | Signature witnessing |
| Wants a certified copy of a privately held diploma | Copy certification |
| Wants a certified copy of a birth certificate | Refuse; refer to vital records |
Comparing the Copy and Original
The heart of copy certification is the side-by-side comparison. The notary must physically examine the original record and the reproduction together and be satisfied that the copy is complete and unaltered — every page, every stamp, every signature line. A notary may make the copy personally or may certify a copy the requester produced, but in either case the comparison against the genuine original is mandatory. The notary may not certify a copy of a copy. If the original is incomplete, torn so content is lost, or appears altered, the notary should decline.
The certificate wording typically reads that the document "is a true, exact, and complete copy of the original presented to me."
The Protest Power and Why It Is Not Here
RULONA grants four common notarial acts to every Colorado notary — acknowledgments, verifications on oath or affirmation, signature witnessing, and copy certification. A fifth act, noting or making a protest of a negotiable instrument, is reserved for notaries employed by a financial institution acting within the scope of that employment. The exam may test that an ordinary notary cannot protest a negotiable instrument; recognizing this boundary is part of knowing the limits of the four common acts covered in this chapter.
Worked Example
A paralegal hands you a stack of pages and asks you to certify it as a copy of a recorded easement. Because a recorded easement is obtainable from the county clerk and recorder, you must decline and refer the paralegal there for a certified copy. By contrast, when the same paralegal asks you to certify a copy of a privately drafted, unrecorded settlement agreement, you compare the copy to the original page by page, certify it, stamp, sign, and journal the act.
Common Traps
- Certifying a copy of a vital record or recorded deed — barred; refer to the issuing office.
- Certifying a copy of a copy — only an original may be the source.
- Forgetting the "illegal to copy" face restriction on certain federal forms.
- Treating signature witnessing as a jurat — no oath is administered in witnessing.
- Assuming any notary may protest a negotiable instrument — that power is limited to financial-institution notaries.
- Skipping the journal entry — RULONA requires copy certifications and all acts to be journaled.
Which of the following may a Colorado notary properly certify as a copy?
How does signature witnessing differ from a jurat in Colorado?