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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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Is an Indiana notary permitted to notarize true copies? We

Resolved Question:

Is an Indiana notary permitted to notarize true copies?

We require some corporate records to be notarized or certified as true copies of the originals. According to this State Dept. summary http://www.state.gov/documents/organization/86735.pdf it appears an Indiana notary is not permitted to do so. What is the law?
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you.

BizIPEsq. :

Generally speaking notary public can only certify the identity of a signor of document, though certain states confer other power as well.

BizIPEsq. :

can you describe the documents you need to be certified?

Customer:

I am looking for information specific to IN and WA states as that is where we have notaries. The documents are corporate documentation e.g. certificate of incorporation, articles, resolutions, etc.

Customer:

*Indiana and Washington state

BizIPEsq. :

I see

BizIPEsq. :

a notary public is not the appropriate party

BizIPEsq. :

such documents are to be certified by the secretary of state of the state where the docs originated

Customer:

Right, yes I understand. The requestor is seeking notarization or certification that the copy is a true copy of the original.

BizIPEsq. :

if the articles of inc are from an Indiana corp then the IN secretary of state will be able to certify those. you can contact the SOS here: http://www.in.gov/sos/business/2431.htm

BizIPEsq. :

here (https://secure.in.gov/sos/bus_service/online_corps/default.asp) you can place an order for Certificate of Fact or Long

BizIPEsq. :

go here ( http://www.sos.wa.gov/corps/all-services.aspx) for Washington. Close to the bottom you'll see 'Copies and Certification' click on the link and follow the process

BizIPEsq. :

I trust this resolved your question

Customer:

No actually, because the documents aren't all from the SOS and they're not from either IN or WA, though that's where I am right now. This was really less than helpful info and I don't think you bothered to look up the relevant requirements at all. I'll go further to say that this has been the worst service I've yet received on JustAnswer.

BizIPEsq. :

why bad service?

BizIPEsq. :

as noted a notary public does not authenticate documents

BizIPEsq. :

it would be impossible for them to know that what they are authenticating is the original

BizIPEsq. :

the secretary of state of the state where the corporate documents originated would certify these documents

BizIPEsq. :

the other option is to have an attorney (not a notary public) write a statement that in the attorneys opinion the documents are true. This is typically done in M&A deals, though note that attorney typically charge a hefty amount for such service because it exposes them to liability

BizIPEsq. :

these are the two options available to you.

BizIPEsq. :

Please change your rating

Customer:

The bad rating is two-fold. First, you did notanswer specific to the states of IN and WA. Please note the document I provided which indicated that notary publics CAN notarize copies of documents. Second, the information you provided was wrong. As noted, the information we required was

Customer:

The bad rating is two-fold. First, you did not address my specific question regarding IN and WA where the abilities of notaries are different, and also that I already told you that these are not SOS state-issued documents so they would not be certified by the SOS. Second, the information you provided was just wrong. I did not ask for information concerning "a notary public does not authenticate documents." I already know that. My questions were concerning a notary notarizing that the documents were true copies, something that notaries can and will do, depending on the state. My question was in regards XXXXX XXXXX notarizing and IN state. You failed to bother to understand the question, provide a relevant answer, or provide a correct answer. Terrible.

BizIPEsq. :

Look, I understand your frustration. I am frustrated too. In most cases picking up the phone, listening and asking a few questions would have immediately clarified your questions. Unfortunately JA does not have this feature and all we have it asynchronous chat that leaves much to be desired. So please accept my apology and know that I am at least as frustrated as you by not being able to answer your question to your complete satisfaction.

BizIPEsq. :

In Indiana under section33-42-2-5"Powers of notary", a notary may:
(1) do all acts that by common law, and the custom of merchants, notaries are authorized to do;
(2) take and certify all acknowledgments of deeds or other instruments of writing required or authorized by law to be acknowledged; and
(3) administer oaths generally, and take and certify affidavits and depositions.

BizIPEsq. :

in mind mind certification of documents falls within section 1. But as you can see for yourself there isn't a definitive statutory answer to it. Therefore, I would conclude that if you are the one presenting the documents and the other side is satisfied with the notary certifying the docs as being true then it would be good enough

BizIPEsq. :

Was there another state that you wanted a similar analysis? Am I up the right tree so to speak?

Customer:

Hey thank you, XXXXX XXXXX Answer is a good system but leaves much to be desired. Thank you for your response.

BizIPEsq. :

You are welcome. You can now rate my answer again

BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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