The Copy Certification That Wasn't Allowed
A hospital HR office asks notary Brenda to certify a copy of an employee's original Social Security card and a copy of a diploma so the employee can complete onboarding. Brenda has the originals in hand, compares them to the photocopies, and they match exactly. She completes a 'true and correct copy' certificate, signs and stamps it, and returns the documents. Later, a coworker tells Brenda that Alabama notaries 'can't certify copies of anything' and that she may have created a problem. Brenda is unsure whether she did anything wrong, since the copies were accurate and she physically compared them.
1. Was Brenda's copy certification permissible under Alabama law? Explain the general rule and any recognized exceptions.
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Generally, no. Alabama notaries do not have general authority to certify copies of documents. The traditional prohibition exists because copy certification invites forgery and because certified copies of many records must come from the custodian of the record (a vital records office, a court clerk, an agency), not a notary.
The fact that Brenda physically compared the originals and found them identical does not create authority. Accuracy is not the test - authority is. A perfectly accurate copy certification by a notary without authority is still an unauthorized act.
Brenda should have declined the copy certification and directed the HR office to the lawful source: the employee's original documents, or certified copies obtained from the issuing agency. Because copy-certification rules can vary and specific statutory exceptions exist, a notary facing this request should verify the current rule rather than assume either way.
2. What is the practical harm if a notary certifies a copy without authority, even when the copy is accurate?
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The harm is to the reliability of the notarial system and to anyone who relies on the certificate:
- False assurance. A recipient sees a notary's seal and treats the copy as authenticated. But the notary had no authority to authenticate it, so the seal conveys assurance the law does not back.
- Chain-of-custody confusion. Certified copies are supposed to come from the custodian who can vouch for the original. A notary's unauthorized certification can mask that the copy's provenance was never verified by anyone with authority.
- Liability for the notary. Performing an act outside the notary's authority exposes Brenda to discipline and to a claim by anyone who relied on the certificate to their detriment.
Accuracy of the comparison is mitigation of harm, not a defense to the unauthorized act.
3. Brenda wants to know how to handle similar requests going forward. Give her a decision framework.
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A workable sequence:
- Identify the act requested. Is it an acknowledgment, a jurat, an oath/affirmation, or a copy certification? The label drives the analysis.
- Ask whether Alabama authorizes that act. Acknowledgments and jurats are core notarial acts. Copy certification is generally not authorized for Alabama notaries; verify the current rule before ever certifying a copy.
- If unauthorized, decline and redirect. Point the requester to the lawful source - the issuing agency, the custodian of the record, or the original document itself.
- Never substitute a different certificate to get to yes. Brenda should not, for example, write a jurat on a copy certification to make it look authorized.
- Document nothing on the instrument. She may keep her own records, but she should not annotate the document with explanations or accusations.
Declining an unauthorized act is the correct exercise of the office, not a failure of customer service.