2.4 Copy Certification and Signature Witnessing

Copy Certification

Copy certification is a notarial act in which the notary attests that a copy is a full, true, and accurate transcription or reproduction of an original document presented to them (ORS 194.230). The notary either makes the copy personally or compares a copy supplied by the requester against the original, line by line.

Procedure

What a Notary May NOT Certify

This is the single most-tested point in the section, and the existing rule that diplomas/transcripts are certifiable is wrong. Oregon notaries may not certify copies of documents for which an official certified copy is available elsewhere:

What Generally May Be Certified

Documents with no official issuing authority — typically the requester's own personal papers — such as a personal letter, a privately drafted contract or agreement, or a non-recorded business document. A common legitimate use is certifying a copy of a passport or identification card for the holder's personal records (never for fraud).

Sample Language

"I certify that this is a full, true, and accurate copy of the original document presented to me on (date)."

Signature Witnessing and Attestation

Witnessing or attesting a signature is a notarial act in which the notary personally observes the act of signing. Under ORS 194.230, the notary need only confirm that the individual signing the record has the identity claimed — the notary does NOT verify that the signature matches any prior specimen.

Procedure

Witnessing vs. Acknowledgment

Because witnessing demands the notary see the pen meet the paper, a document already signed cannot be witnessed — only acknowledged.

Noting a Protest

Oregon notaries may also note a protest — a formal certification that a negotiable instrument (a promissory note, draft, or check) was presented and dishonored (not paid or accepted). This act is rare, specialized, and usually handled by banks, but the exam may list it among authorized acts.

Worked Example: The Passport Copy

A client moving overseas asks you to certify a copy of their passport for a foreign bank's file. Because a passport has no Oregon issuing authority that provides certified copies for this purpose and the client holds the original, you may certify the copy: you examine the original passport, compare it page-for-page to the photocopy, confirm it is a full, true, and accurate reproduction, and complete the certificate. This is a legitimate, common request.

Contrast a client who wants a certified copy of their recorded deed. That document was recorded with the county clerk, so the official certified copy must come from the recording office — you must decline. The dividing line is simple: if an official agency issues or records the document and can provide its own certified copy, the notary stays out of it. Diplomas and school transcripts fall on the prohibited side because the issuing school is the proper source.

Why the Limits Exist

The prohibition protects the integrity of official records. Vital records, court judgments, recorded instruments, transcripts, and immigration papers each have a custodian whose certified copy carries legal authority. A notary's copy certification cannot replicate that authority and could be misused to launder a forged or altered document into circulation. By routing these requests back to the issuing agency, Oregon keeps the chain of custody on its most sensitive records intact.

Understanding this rationale helps you reason through unfamiliar document types on the exam: ask "does an official custodian issue certified copies of this?" — if yes, decline.

Witnessing in Practice

Signature witnessing is most common on forms that demand the notary literally see the pen move — certain account-opening forms, some I-9 employment verifications, and structured-settlement documents. Because the act hinges on observation, you cannot leave the room and return; you must watch the signing from start to finish. Your certificate then states that the named individual signed in your presence and was identified to your satisfaction. You do not vouch that the signature matches any prior specimen — only that this identified person produced it before you.

Exam Traps

• Do not assume transcripts or diplomas are certifiable — they are not certifiable by a notary in Oregon.
• Copy certification needs the original in hand; a copy-of-a-copy cannot be certified.
• Witnessing cannot be performed on a pre-signed document; that scenario is an acknowledgment instead.
• Vital records (birth, death, marriage) are never notary-certifiable; redirect the client to the county registrar or Oregon Vital Records.