3.5 Copy Certifications

Defining Copy Certification

A certified copy is a notarial act in which the notary attests that a photocopy or reproduction is a full, true, and accurate copy of an original document. RULONA also lets a Montana notary certify that a tangible (paper) copy of an electronic record is an accurate copy of that electronic record — useful when a digitally signed PDF must be recorded on paper.

The notary is certifying the document, not a person. Nobody swears anything and nobody acknowledges a signature.

No Personal Appearance Required

Because copy certification concerns a document rather than a signer's identity or statement, no individual must personally appear. This is one of the few acts (along with protest of a negotiable instrument) where appearance is not part of the test. A notary still needs the original physically in hand to compare against the copy.

The Public-Records Prohibition (Heavily Tested)

A Montana notary MAY NOT certify a copy of a record issued by a public entity unless the notary is employed by the entity that issues or holds the original (MCA 1-5-625 / A.R.M. 44-15-1).

This is the single most-tested rule in the section. Public agencies issue their own certified copies, so the notary's certificate would improperly compete with the official one.

When a customer needs a certified copy of a vital record, direct them to the Montana DPHHS Office of Vital Records or the issuing agency — not the notary.

The Five-Step Process

1. Receive the original document.
2. Make (or receive) a complete copy.
3. Compare the copy to the original page-by-page for completeness and accuracy.
4. Complete the copy-certification certificate.
5. Affix the seal and record the journal entry.

Montana Copy-Certification Certificate

State of Montana
County of ______________

I certify that this is a true and accurate copy of a record
in the possession of _________________________________ [name].

Date: _____________

[Signature of notarial officer]
[Stamp/Seal]

Common Traps

• Certifying a vital record because the customer insists — the ban is absolute unless you work for the issuer.
• Certifying from a copy of a copy. You must compare against an original.
• Requiring an appearance. None is needed; do not turn the customer away for lack of ID.

The Rationale Behind the Public-Records Ban

The prohibition on certifying public-entity records is not arbitrary. Government agencies that issue vital records, court records, and transcripts maintain their own certified-copy programs with their own seals, registers, and chains of custody. A notary's certificate would create a parallel, lower-assurance "certified copy" that could be mistaken for the official one, undermining the issuing agency's authority and inviting fraud. By limiting copy certification to private documents (and to issuer-employees for public records), Montana keeps the official certification channel intact.

Knowing the reason makes the rule stick: when in doubt, ask whether a government body issued the original — if so, send the customer back to that body.

Worked Example: The Diploma vs. the Transcript

A nursing applicant brings two items: her university diploma (a private document her school printed for her) and her official sealed transcript issued by the registrar. She wants both copy-certified for a foreign licensing board. You may certify a copy of the diploma — it is a private document — by comparing the copy to the original and completing the certificate. You may not certify the transcript: a school transcript is a record issued by a public/educational entity, and you do not work for that registrar. You explain she must request additional certified transcripts directly from the school.

Trying to certify the transcript anyway would violate MCA 1-5-625.

Tangible Copy of an Electronic Record

RULONA added a useful variant: certifying that a paper printout of an electronic record is an accurate copy of that electronic record. This matters when an instrument was electronically signed but a county recorder will only accept paper. The notary inspects the electronic original, prints it, confirms the printout is complete and accurate, and certifies the tangible copy. The same public-records prohibition still applies — you cannot use this route to certify a government-issued e-record you did not issue.

Acts With No Personal Appearance

Copy certification and protest are the two core acts that turn on a document rather than a person, which is why neither requires anyone to appear.

Common Pitfalls

Notaries are most often tripped up by sympathetic customers — a parent who "just needs" a certified copy of a birth certificate for a sports league, or an immigrant who needs a certified marriage certificate. The ban is absolute absent issuer-employment. Direct vital-record requests to the Montana DPHHS Office of Vital Records, court records to the clerk of court, and transcripts to the issuing school.

Exam Focus

• No personal appearance is required for copy certification.
• A notary cannot certify public-entity records unless employed by the issuer.
• The notary must compare the copy to the original and certify it is full and accurate.
• A notary may certify a paper copy of an electronic record, subject to the same public-records ban.