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A certified copy is a copy (often a photocopy) of a primary document, that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document.
Contents
- In Australia
- In Botswana
- In India
- In the United States
- Copy certification by US notaries
- Notarized Copies of Identification in Non Certifying States
- United States
- Canada
- England
- References
A certified copy is often used in English-speaking common law countries as a convenient way of providing a copy of documents. It is usually inexpensive to obtain. A certified copy may be required for official government or court purposes and for commercial purposes. It avoids the owner of important documents (especially identity documents) giving up possession of those documents which might mean a risk of their loss or damage.
It has some similarities to a notarized copy, which is a form used in some countries, and particularly in some States in the USA. A notarized copy is signed by a notary public (not to be confused with a notary in a civil law country).
The certified copy is signed by a person nominated by the person or agency asking for it. Typically, the person is referred to as an authorised person. The person who is authorised to sign the certificate will vary between countries. Sometimes a person is authorised by legislation to do so (for example a court clerk, solicitor, or notary public), but this is not always so. In some countries, for example the United Kingdom and South Africa, identity documents can also be certified by authorised Post Office staff.
A copy of a primary document that is to be used internationally may have to be in the form of a notarized copy rather than a certified copy. A notarized copy may be more expensive to obtain. A copy of a document to be used internationally may also have to comply with special rules - Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents.
If the primary document has to be translated, an additional certificate is usually required. For example, a birth certificate in Russian is to be used in an English-speaking country. Typically, the document must be translated professionally and have the professional's certificate of accuracy attached to the translation together with a copy of the primary document. Then, the primary document, the translation, and the certificate of accuracy are photocopied in the form of a certified copy. In the case of a birth certificate in English to be used in Russia, it is possible that a notarized copy will be required.
In Australia
In Australia, certified copies are solely the creation of administrative practice. There is no specific legislation at either federal or State level.
Certified copies have long been used to give a veneer of authenticity to a photocopy of a primary document. In practice, they are very easy to obtain at almost no cost other than the photocopy, and are used in a wide range of situations, especially with identity documents.
In practice, and purely for convenience, a copy may usually be certified by a person who is able to witness a statutory declaration under federal legislation about Statutory Declarations. Categories of people are listed in Schedule 2 of the Statutory Declarations Regulations 1993 (Cth). Schedule 2 states that Chiropractors, Dentists, Legal practitioners, Medical practitioners, Nurses, Optometrists, Patent attorneys, Pharmacists, Physiotherapists, Psychologists, Trade mark attorneys and Veterinary surgeons may certify copies. Part 2 of the Schedule lists various other professions and positions, the members or occupants of which may also certify copies (for example, Judges, Police Officers and Members of Parliament).
A typical certificate endorsed on the photocopy, often typed or stamped except for the signature -
CERTIFIED TRUE COPY OF THE ORIGINAL
I certify that this is a true copy of the original document.
Signed: Dated: Authority to sign: Telephone number:
Certified copies can be quite basic in Australia due to the lack of legislation. More detail is often required by the person or agency requiring it. Sometimes the person or agency will contact the person certifying the copy to limit the possibility of a fraudulent copy.
In some states and territories, police stations and libraries have arrangements to enable documents to be certified or witnessed by a Justice of the Peace. This service is free.
In Botswana
Photocopies can be certified free at a Police Station. Certified copies, for example of the "Omang" state identity card, are widely used, and are often required for job applications, etc.
In India
In India, under section 2(j)(ii) of The Right to Information Act, 2005, the Public Information Officer (PIO) is mandatorily 'required to provide the appellant "Certified copies of documents or records."' In such a case, the PIO is only certifying that copies of documents or records are true copies of those held on a 'X' page of a 'X' file of the Public Authority, irrespective of their original source.
In the United States
Except for notaries public in some states, there are no officials in the US who are authorized to make certified copies of any kind of document presented to them. If one is in a state where notaries public are not authorized to make certified copies, one must deal with the entity that issued the original document to obtain a certified copy.
Copy certification by U.S. notaries
Some states in the United States permit notaries public to certify copies; the laws or officials who regulate notaries should be consulted for details. The U.S. State Department in 2005 compiled a table summarizing the state laws and regulations. In the table below, notes from the State Department table have been omitted for states that do not authorize notaries to certify copies.
Notaries in many states keep journals of all their notarial acts. The table shows that in some states notaries may make certified copies of their journals but may not make any other kind of certified copies.
Notarized Copies of Identification in Non-Certifying States
In cases where a bank, government agency, or foreign consulate requires a "notarized copy of photo identification," and the state prohibits notaries from making certified copies, many of these agencies will accept a copy with a form of affidavit from the holder of the photo identification himself or herself attesting to its authenticity, which is then notarized. Thus, all the notary is doing is taking and signing an affidavit and not certifying a copy. The example below is acceptable
STATE OF MINNESOTA COUNTY OF HENNEPIN
I BERYL MATHILDA D'SOUZA, being duly sworn, deposes and says: That the above pictured instrument of valid photo identification is a true, exact, and unaltered copy of the valid original, my U.S. Passport, to which I am the instrument's custodian, named and pictured therein; and that I presented the original of the above pictured instrument to the undersigned notary public as satisfactory evidence of my identity.
X______________________________
BERYL MATHILDA D'SOUZA
Sworn to before this ______ day of _______________, 20____,
__________________________________ (Notary Public)
United States
Not all certified copies are prepared by notaries. In the case of certified copies by notaries, the certificate itself is subject to highly variable wording. In the U.S.:
Canada
England
- Signature - Printed name - Position - Contact Information - Date the document was certified