Can a California Notary Certify a Copy?
In many states a notary can certify a photocopy. In California, the answer is almost always no. Here’s the one exception and the workarounds that are accepted.
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Quick answer
A California notary can certify a copy of a power of attorney (Probate Code § 4307), and copies of entries in their own journal, and nothing else. They cannot certify copies of birth, death or marriage certificates, passports, diplomas, driver’s licenses or other records. The common workaround is a copy certification by document custodian: you sign a sworn statement that the copy is true and complete, and the notary notarizes your signature with a jurat. Vital records must be ordered as certified copies from the government office that holds them.
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The exception: powers of attorney
Under Probate Code § 4307, a California notary may certify a copy of a power of attorney, and the certified copy “has the same force and effect as the original.” This is useful when an agent needs to hand copies to several banks, a title company and a care facility without giving away the original.
The notary examines the original and the copy and completes a certificate stating that the copy is a true and correct copy. The maximum fee is $15 per certification (Government Code § 8211). The Handbook’s suggested wording:
Certified copy of a power of attorney
State of California
County of ____________
I (name of notary public), 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.
Notary Public Signature · Notary Public Seal
Bring the original (wet-ink, notarized) power of attorney to the appointment along with the copies, or let us know and we can make the copies.
What a notary cannot certify
- Birth, death, fetal death and marriage certificates. Only the State Registrar, local registrars and county recorders may issue certified copies of vital records (Health and Safety Code § 103545). In Los Angeles County, that’s the Registrar-Recorder/County Clerk (or the state for some records). See birth, death and marriage certificates.
- Passports, driver’s licenses and IDs. A notary can’t certify that a photocopy matches.
- Diplomas, transcripts, court records, recorded deeds. Get certified copies from the school, court or county recorder that keeps the original.
The workaround: copy certification by document custodian
When a school, foreign government, bank or employer asks for a “notarized copy,” what they usually accept from California is a sworn statement by the person who holds the original, the custodian, stating that the attached copy is a true, exact, complete and unaltered photocopy. You sign that statement in front of the notary, take an oath, and the notary completes a jurat. The notary is certifying your sworn signature, not the copy.
- Make a clear photocopy of the original.
- Prepare (or let the requester provide) a short statement identifying the original and swearing the copy is true and complete. Many requesters have their own form.
- Sign the statement in front of the notary after taking an oath; the notary attaches a California jurat.
This does not work for vital records when the recipient needs an official certified copy, and many government agencies won’t accept it. Always confirm with whoever asked for the copy.
Printed copies of electronic records for recording
A newer procedure under Government Code § 27201.1 lets a “disinterested custodian” certify that a paper printout is an accurate copy of an electronic record (including a document notarized online in another state) so it can be recorded in California’s real property records. The custodian signs a detailed certification under penalty of perjury, and the notary completes a jurat. The custodian can’t be a grantee, beneficiary or anyone who directly benefits from the record.
Common questions
Can a notary in California certify a copy of my passport?
No. California notaries can only certify copies of powers of attorney. You can sign a sworn statement that the copy is true (copy certification by document custodian) and have that signature notarized, if the recipient accepts it.
Can a notary certify a copy of a birth certificate?
No. Order a certified copy from the county recorder or state vital records office. For use abroad, the certified copy may also need an apostille.
Can a notary certify a copy of a power of attorney?
Yes. Under Probate Code § 4307 a California notary can certify a copy of a power of attorney, and the copy has the same force as the original. The maximum fee is $15.
What is a “true copy” stamp?
Some states let notaries stamp copies as true copies. California notaries can’t, except for powers of attorney.
Related guides
- Power of AttorneyDurable, financial and limited POAs: notary vs. witnesses, recording and copies.
- Birth, Death & Marriage CertificatesWhy notaries can’t certify them, where to order copies, and apostilles.
- What a Notary Can’t DoRefusals, prohibitions and the documents a notary must turn away.
- Affidavits & Sworn StatementsThe oath, the jurat, and when a declaration needs no notary.
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