3.4 Copy Certifications and Signature Witnessing

Copy Certification in Maine

A copy certification is a notarial act in which the notary attests that a reproduction is a full, true, and accurate copy of an original document presented to them. The notary either makes the copy or carefully compares a copy the requester provides against the original held in hand.

Maine draws a sharp, frequently tested line: notaries may certify copies of private records only. Maine Secretary of State rules state a notarial officer is not authorized to make certified or attested copies of public records or vital records, and may not certify a copy of any document stating on its face that copying is illegal.

What May and May Not Be Copy-Certified

Why the prohibition? Vital and public records can only be authenticated by the issuing government agency — the Office of Vital Records or the recording office — which keeps the true original. A notary who certified a photocopy of a birth certificate would be implying an authority they do not have.

Copy Certification Procedure

1. Examine the original to confirm it is complete and a permissible private record.
2. Make or compare the copy page by page, confirming it reproduces the original exactly.
3. Complete and sign the certificate, identifying the custodian or that the copy matches the original presented.

Maine Short-Form Copy Certification

State of Maine County of ___________

I certify that this is a true and correct copy of a record in the possession of _________ [name of custodian of the original record].

_________________________ [Signature of notarial officer] [Stamp, if any] Title: Notary Public, State of Maine My commission expires: _________

Signature Witnessing

A signature witnessing is a notarial act in which the notary certifies that the individual appeared, was identified, and signed the document while the notary watched. Unlike a jurat, no oath or affirmation is administered — the notary only attests to having observed the signing.

Requirements

Witnessing vs. Acknowledgment

The two acts look similar but differ on one axis: the witnessing requires the signature to be made in the notary's presence, whereas an acknowledgment allows a document signed earlier.

Depositions

Maine notaries commonly serve in depositions — sworn out-of-court testimony. Here the notary (1) identifies the deponent, (2) administers an oath or affirmation, and (3) where the transcript is signed, witnesses the signature. A deposition therefore blends an oath with signature witnessing, and a court reporter who is also a notary frequently performs it.

Common Traps

• Certifying a birth certificate copy — always prohibited in Maine; redirect the person to Vital Records.
• Copy-certifying without the original — the notary must compare against the genuine original, not another copy.
• Confusing witnessing with acknowledgment — if the individual already signed, you cannot perform a signature witnessing.

Why Maine Is Stricter on Copies

Many states allow notaries to certify copies broadly, but Maine is notably restrictive: its rules confine the act to private records and explicitly carve out public and vital records. The rationale is custody and authenticity. The government office that holds the true original of a birth, death, or marriage record — or the registry that holds a recorded deed — is the only entity positioned to vouch that a reproduction matches what is officially on file. A notary handling a photocopy has no way to know whether it reflects later amendments, seals, or recording stamps, so the law removes the temptation to over-certify.

A practical consequence: when a client needs a certified copy of a diploma or a passport for a foreign agency, the Maine notary can usually help. When they need a certified birth certificate, the notary must politely redirect them to the Maine Office of Vital Records or the relevant town clerk. Offering to certify the vital record anyway — even with good intentions — is a rules violation.

Signature Witnessing in Practice

Signature witnessing fills a narrow but real niche. Some forms, particularly those drafted out of state or by institutions, call specifically for a witnessed signature rather than an acknowledgment or jurat. The certificate recites "signed before me," with no language of swearing and no language of acknowledgment of voluntariness. The notary's job is purely observational: confirm appearance, confirm identity, watch the pen meet the paper, and certify exactly that.

Distinguishing the Four Signature-Related Acts

This grid is one of the most heavily tested in the chapter. Memorizing which column each act occupies lets you eliminate wrong answers quickly: any question that pairs "watched the signing" with "administered an oath" describes a jurat, while "watched the signing" with no oath describes a signature witnessing.

Common Traps Recap

• Certifying any vital record copy — prohibited without exception in Maine.
• Adding an oath to a witnessing — that converts it into a jurat, which the certificate did not call for.
• Assuming witnessing equals acknowledgment — the signing-in-presence requirement is the dividing line.