3.4 Certifying or Attesting a Copy
Key Takeaways
- Copy certification is the only notarial act that does NOT require a person to personally appear
- The notary compares the copy to the original and certifies the copy is a complete, accurate reproduction
- Notaries may NOT certify copies of vital records (birth, death, marriage) or other recordable/public documents
- If a government custodian can issue a certified copy, the notary should decline
- PA short form: 'I certify that this is a true and correct copy of a (record) in the possession of (name).'
What Certifying or Attesting a Copy Is
Certifying or attesting a copy is a notarial act in which the notary confirms that a reproduction (photocopy) is a complete and accurate copy of an original record presented to the notary. RULONA requires the notary to determine that the copy is a full and accurate transcription or reproduction of the record or item being copied.
This act is unique among the notarial acts because it concerns a document, not a person's signature or statement.
The Defining Feature: No Personal Appearance
Copy certification is the only RULONA notarial act that does not require an individual to personally appear before the notary. The other three acts in this chapter - acknowledgment, verification on oath, and witnessing - all require a signer to appear. For a copy certification there is no "signer" to identify; the notary need only have the original in hand to compare.
| Feature | Copy Certification |
|---|---|
| Personal appearance | NOT required (the only such act) |
| Identity verification | Not applicable (no signer) |
| Oath / affirmation | No |
| What the notary does | Compares copy to original, certifies accuracy |
| Notarial certificate | Required |
What Cannot Be Copy-Certified
The major limitation tested on the exam is that a notary may not certify copies of documents that a public office is responsible for maintaining or that the document itself prohibits copying. In Pennsylvania this includes:
- Vital records - birth certificates, death certificates, and marriage records (obtain certified copies from the PA Department of Health or the issuing office).
- Other public/recordable records - deeds, court records, and similar documents held by a government custodian.
Rule of thumb: if a government agency can issue a certified copy of the document, the notary should decline and refer the requester to that custodian. The notary's copy certification is meant for private documents (for example, a diploma, a contract, or a passport copy) where no public custodian exists.
Procedure
- The requester provides the original document and a photocopy of it (or the notary may make the copy).
- The notary compares the copy page-by-page to confirm it is a complete, accurate reproduction.
- Confirm the document is not a vital record or other document the notary is barred from copying.
- Complete the certificate, sign, date, and stamp. Maximum PA fee is $5 per certified copy.
RULONA Short-Form Certificate
Commonwealth of Pennsylvania, County of __________
I certify that this is a true and correct copy of a __________ (description of record) in the possession of __________ (name of person/custodian).
[Notary signature] [Official stamp] [Title] [Commission expiration]
Why Vital and Public Records Are Off-Limits
The restriction on public and vital records is not arbitrary. Birth, death, and marriage certificates, deeds, and court records are maintained by a government custodian who alone has the legal authority to issue an official certified copy bearing that office's seal. A notary's certification of a photocopy of such a record would compete with - and could be mistaken for - the official government certification, undermining the integrity of public records and inviting fraud.
RULONA therefore reserves copy certification for private documents that have no government custodian: diplomas and transcripts, contracts, letters, medical records held by an individual, and passports or other identity documents (where copying is permitted). If a government custodian can certify the record, the notary declines.
The Notary's Limited Certification
It is important to understand the narrowness of what is certified. The notary is not vouching that the original is authentic, validly executed, current, or legally effective - only that the photocopy in front of them matches the original page for page. A forged original copied faithfully still produces an "accurate copy"; the notary's certificate speaks to fidelity of reproduction, not to the genuineness of the underlying document. This is why copy certification carries no identity check and no oath: there is no person making a representation, only a document being compared.
Practical Cautions
- The notary should make or supervise the copy when possible, to be certain the copy was not altered before comparison.
- If pages are missing, illegible, or the original appears to be itself a copy, the notary should decline rather than certify an incomplete reproduction.
Common Exam Traps
- No personal appearance is needed - this is the lone exception, and a frequent test point.
- A notary cannot certify a copy of a birth, death, or marriage certificate, or any record a government office can certify.
- The notary certifies the copy's accuracy, not the truth or legal effect of the original document.
- "Attesting a copy" is copy certification - do not confuse it with "attesting a signature," which is the witnessing act in section 3.3.
How Copy Certification Stands Apart
It helps to see copy certification against the other three acts. Those acts revolve around a person: a signer who appears, is identified, and either acknowledges, swears to, or signs a record. Copy certification revolves around a document: there is no signer, no identification of any individual, and no oath. That is precisely why it is the lone act with no personal-appearance requirement, making it almost automatic. The act's value depends on the notary having truly examined the original and confirmed the copy is complete and unaltered.
At the standard $5 per certified copy, the notary may certify several distinct private documents in one sitting, each with its own certificate.
Which notarial act does NOT require an individual to personally appear before the notary?
A customer asks a Pennsylvania notary to certify a photocopy of their child's birth certificate. What is the correct response?
What does the notary actually certify when certifying or attesting a copy?