California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is asked by a client to certify a copy of a birth certificate. The client insists that the Notary has the authority to do so because their friend had a similar document certified by a Notary in a different state. What is the Notary's duty in this situation?
- ARefer the client to the county recorder's office, but offer to notarize an affidavit stating the copy is true.
- BDecline to certify the copy, explaining that California Notaries are prohibited from certifying copies of vital records.
- CCertify the copy but attach a disclaimer that the Notary is not verifying the authenticity of the original.
- DCertify the copy, as it is a common notarial act in many places, and the client needs it.
Show answer & explanationAnswer & explanation
Correct answer: B. Decline to certify the copy, explaining that California Notaries are prohibited from certifying copies of vital records.
California Notaries Public are specifically prohibited from certifying copies of vital records such as birth, death, or marriage certificates. Only the issuing agency can provide certified copies of these documents.
Why the other options are wrong
- A. While referring to the county recorder is appropriate, a Notary cannot certify a copy of a vital record, even indirectly through an affidavit of a 'true copy' made by the Notary.
- C. A disclaimer does not override the specific prohibition against certifying vital records.
- D. While some states allow it, California law prohibits Notaries from certifying vital records.
Prohibition on Certifying Vital Records
California Notaries Public are legally prohibited from certifying copies of vital records (birth, death, marriage certificates, etc.).
- Only the issuing agency can provide certified copies of vital records.
- Prevents potential fraud and ensures authenticity.
- Notaries can certify copies of powers of attorney or their own journal entries.
Memory trick: What you can do, what you cannot pursue, know the rules through and through.