A notarized copy has the legal force of the original, but not always. For example, many institutions will not even accept a copy of the passport and power of attorney, because they cannot replace the original. And not all copies can be certified by a notary.
Any person can certify a copy with a notary if he has an identity card (passport or other document). An individual and a legal entity can apply, however, the requirements for the copies that they want to certify are different.
A copy of a document from an individual must contain passport data and address at the place of registration.
A copy of documents from a legal entity must contain all the necessary details: number, date, seal, signature of an official, etc.
The copy will be certified by a notary only if the client has the original document. Moreover, if the original contains corrections (postscripts, erasures), the certification will be refused.
To find out if a copy of a specific document will be legally binding, you need to consult with a lawyer and a notary in advance, describing the situation in which the client wants to use the copy. Much changes from the situation: for example, in court, even a notarized copy as evidence may not be enough. Or maybe enough - it depends on the case that is being considered. There are too many nuances in such matters, and you cannot do without the help of a lawyer.
However, it is necessary to know which documents a notary has the right to certify and which not.
What can be assured
Copies without a notarial stamp are most often considered invalid. Fortunately, the list of documents, copies of which must be certified, is wide. These include:
- personal documents that confirm acts of civil status - these are certificates of birth, marriage, divorce, death;
- identity documents - the same passport;
- receipts and promissory notes;
- documents of legal entities: articles of association, licenses, certificates, registration certificates, financial documents, etc.;
- documents that need copyright protection: manuscripts, diploma or term papers, scientific papers;
- employment history;
- court decisions;
- donation and sale contracts;
- certificates, receipts;
- marriage contracts.
In fact, the list is very long, and most of the documents will be certified by a notary. It is only necessary to find out whether this copy will be valid as the original in the client's file.
What cannot be assured
The notary will refuse to certify a copy of the document if:
- there are rough corrections on the original;
- the original was written with a pencil or something that is easy to erase;
- on the original, not all of the text of the document or part of it is written illegibly;
- the original is physically damaged;
- the original pages are not bound, there are no serial numbers on them;
- the original was not legalized.
