The Self-Certifying Copy and the Missing Seal
Elena notarized a power of attorney for her neighbor, Mr. Bianchi. Weeks later, Mr. Bianchi's bank asks for a certified copy of the original notarized POA. Elena makes a photocopy of the document, writes 'Certified true copy' on it, signs as notary, and stamps her seal. She then notices that on the original POA her seal impression was faint and partly off the page, and the venue line names the wrong county. The bank's reviewer flags both the certified copy and the defective original. Mr. Bianchi is traveling and cannot re-sign for two weeks, but the bank needs the POA to act on an urgent account matter. Elena asks whether she can certify a corrected copy or re-stamp the original.
1. Assess the certified copy and the defects in the original. What can Elena lawfully do now?
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Two separate issues. First, the certified copy: whether a notary may certify copies at all is state-specific, and where permitted the certification must accurately reproduce the original. Elena's copy reproduces a document with a faint, misplaced seal and a wrong venue - so certifying it 'true' propagates defects. Second, the original: a faint or partial seal and an incorrect venue line are certificate defects. Elena cannot re-stamp the original as if the seal had been properly affixed at signing, and she cannot silently correct the county on the original certificate. The defensible course is to acknowledge the defects to the bank, provide a dated written correction or explanatory note where state law allows, and prepare a properly executed replacement POA once Mr. Bianchi returns. She should not manufacture a clean-looking original. If the bank has an urgent need, the attorney or bank may identify an alternative authorization that does not depend on the defective instrument.
2. How should Elena handle the venue error and seal problem going forward to prevent recurrence?
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For the venue error, she should check her state's rules: some allow a notary to correct an obvious clerical error by a dated, signed correction that does not obscure the original text; others require re-execution. She must follow the rule rather than improvising. For the seal, she should inspect impressions before the signer leaves - checking that the seal is fully on the page, legible, and matches the certificate - and re-apply only at the time of the act if the state permits re-inking and re-stamping in the signer's presence. Going forward she should keep a pre-signing checklist: correct county/venue, commission expiration, seal legibility, certificate wording matching the act performed, and journal entry completed. She should also stop certifying copies reflexively until she confirms her state authorizes notarial copy certification, since many states do not.