Certifying Copies in California: What Notaries Can and Cannot Copy

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Key Takeaways

• California notaries can certify copies of powers of attorney under Probate Code § 4307
• Notaries can notarize tangible copies of electronic records via a disinterested custodian under Government Code § 27201.1
• You cannot certify copies of vital records (birth, death, and marriage certificates) or any document where the original is held by a government agency
• A certified copy of a power of attorney by a notary has the same force and effect as the original

What You Can Certify: Powers of Attorney

Probate Code § 4307 gives California notaries the authority to certify copies of powers of attorney. A certified copy made under this section “has the same force and effect as the original power of attorney.”

The person requesting the certified copy brings you the original power of attorney and the copy. You compare them. If the copy is identical to the original, you complete a certification statement, sign it, and affix your seal. The fee is $15 per certified copy under Government Code § 8211(e).

The Secretary of State provides suggested wording for the certification:

State of California
County of ___________

[Notary Name], Notary Public, certify that on [date], I examined the original power of attorney and the copy of the power of attorney. I further certify that the copy is a true and correct copy of the original power of attorney.

Other formats with similar wording are also acceptable, as long as the certification states that you examined both the original and the copy and that the copy is true and correct.

Tangible Copies of Electronic Records

Government Code § 27201.1 addresses a newer scenario: certifying tangible (paper) copies of electronic records so they can be recorded in California’s real property records. This comes up with remote online notarization, where the original exists only in electronic form.

The process involves a “disinterested custodian,” which is a person who does not directly benefit from the electronic record. The custodian certifies that:

• The document is an accurate reproduction of the electronic record, including the title, date, and number of pages
• The custodian had access to the electronic record with intact tamper-evident security
• There were no changes or errors to the signature or information after the electronic record was created, executed, or notarized
• The custodian is not a grantee, beneficiary, or otherwise someone who directly benefits from the record

The custodian swears to or affirms this certification before you, and you complete a jurat attached to the certification. You are not certifying the copy yourself. You are notarizing the custodian’s sworn statement about the copy.

What You Cannot Certify

You cannot certify copies of:

• Vital records. Birth certificates, death certificates, and marriage certificates are maintained by government agencies (county recorders, the California Department of Public Health). Only the issuing agency can provide certified copies. Direct anyone who asks to the appropriate agency.
• Court documents. Divorce decrees, judgments, and other court filings are court records. The court clerk certifies copies, not a notary.
• Corporate documents. Articles of incorporation, bylaws, and other business filings are typically certified by the Secretary of State or the corporation’s own officers.
• Academic records. Transcripts and diplomas are certified by the issuing school or registrar.
• Tax records. Tax returns and related documents are not something a notary certifies. The IRS or state tax agency handles certified copies of tax filings.

If someone asks you to certify a copy of any of these documents, the answer is no. You do not have the statutory authority. Point them to the agency that issued or holds the original.

The Workaround: Copy Certification by Document Custodian

California does not have a general “copy certification by document custodian” notarial act in statute. Some states allow a notary to certify that a person (the custodian) swore the copy was accurate, even though the notary did not compare the original and copy. California’s statute is narrower. The only express copy certification authority is for powers of attorney under Probate Code § 4307.

For other documents, the signer can make a sworn statement that a copy is true and correct, and you can notarize that statement with a jurat. But you are not certifying the copy. You are administering an oath to the person making the statement. Your notarial certificate covers the oath, not the accuracy of the copy itself.

Recording the Copy Certification in Your Journal

Every copy certification goes in your journal like any other notarial act. Record the date, time, type of act (copy certification), character of the document (power of attorney), and the requester’s signature. Since the document is a power of attorney, you also need a thumbprint in the journal under Government Code § 8206(a)(2)(G).

For tangible copy certifications under GC § 27201.1, record the act as a jurat since that is the notarial act you are performing (administering the oath to the disinterested custodian).

Quick Reference: Copy Certification Rules

Frequently Asked Questions

Can I certify a copy of a passport?

No. California notaries can only certify copies of powers of attorney. If someone needs a certified copy of their passport, they should contact the U.S. Department of State. You can notarize the person’s sworn written statement that a copy is accurate, but that is a jurat on their statement, not a copy certification by you.

Do I need to see the original power of attorney to certify a copy?

Yes. The certification requires that you examined both the original and the copy and found the copy to be a true and correct reproduction. Without the original in front of you, you cannot make that certification.

Can I certify a copy of a will?

No. California’s copy certification authority is limited to powers of attorney under Probate Code § 4307. Wills are not included. An attorney or the court can provide certified copies of wills that have been filed for probate.

What fee do I charge for certifying a power of attorney copy?

$15 per certified copy, as set by Government Code § 8211(e). This is the same as the fee for an acknowledgment or jurat.

Can I certify a copy if the original is a photocopy itself?

The statute does not require the original to be in any particular format. If someone brings you a signed power of attorney and a copy, and the “original” is itself a photocopy, you can still compare the two and certify that the copy matches the document presented as the original. The certification says the copy is a true and correct copy of what you examined.