Maine Notary Certified Copies

Maine Law Is Silent on Copy Certification

Here's the short answer: Maine's notary statutes do not explicitly authorize notaries to certify copies of original documents. The Revised Uniform Law on Notarial Acts (RULONA), which governs notary powers in the state, lists the authorized notarial acts — acknowledgments, jurats, oaths, affirmations, and signature witnessing — but copy certification isn't among them.

This silence creates a gray area that confuses notaries and clients alike. In states that expressly grant copy certification authority, a notary can examine an original document, compare it to a photocopy, and stamp the copy as a true and accurate reproduction. Maine's statute doesn't provide that pathway.

The Secretary of State's Recommended Workaround

Because copy certification isn't an enumerated notarial act, the Secretary of State strongly recommends an alternative approach: the sworn custodian affidavit (also called a "copy certification by document custodian").

Here's how it works:

1. The person who possesses the original document (the "custodian") makes a photocopy
2. The custodian writes and signs a sworn statement (affidavit) declaring that the copy is a true, complete, and accurate reproduction of the original document in their possession
3. A notary administers an oath to the custodian and notarizes the custodian's signature on the affidavit

In this process, the notary isn't certifying the copy — they're notarizing the custodian's sworn statement about the copy. The jurat (oath + signature notarization) is a clearly authorized notarial act, keeping the notary within their statutory boundaries.

Documents You Should Never Copy-Certify

Even with the affidavit workaround, certain categories of documents are off limits. Vital records — birth certificates, death certificates, and marriage certificates — are issued and certified exclusively by the government agency that maintains them. In Maine, that's the Office of Data, Research, and Vital Statistics under the Department of Health and Human Services.

Other documents that should be obtained directly from their issuing authority rather than copy-certified include:

• Court orders and judgments — contact the clerk of the court that issued them
• Vehicle titles — the Bureau of Motor Vehicles issues certified copies
• Academic transcripts — the issuing school or university provides official copies
• Immigration documents — only USCIS can certify copies of immigration records

Attempting to certify copies of these documents — even through the affidavit method — can create legal complications if the receiving party or institution refuses to accept anything other than an agency-certified copy.

When Clients Ask for a "Certified Copy"

The most common scenario: a client walks in with a document and asks you to "make a certified copy." They've been told by a bank, embassy, or foreign institution that they need one. What they usually need is a notarized copy — the custodian affidavit approach.

Walk the client through the process:

1. They make the photocopy (or you can make it for them, though the custodianship is theirs)
2. You prepare or provide a simple custodian affidavit template
3. They sign the affidavit in your presence, swearing that the copy is accurate
4. You administer the oath, notarize their signature, and complete the jurat certificate

Most institutions that request "certified copies" will accept a notarized custodian affidavit. If the receiving party specifically requires a notary-certified copy and won't accept the affidavit alternative, the client may need to seek the service in a state where copy certification is an authorized notarial act — or obtain the certified copy directly from the document's issuing agency.

Protecting Yourself

Because copy certification occupies a legal gray area in Maine, the safest approach is to always use the custodian affidavit method rather than stamping a copy directly. This keeps every element of the transaction within your clearly authorized powers: administering oaths and notarizing signatures.

Document the transaction in your journal (if you maintain one) with a note specifying that you performed a jurat on a custodian affidavit, not a copy certification. This distinction matters if the notarization is later questioned.

The Maine Notary Commission Requirements Guide covers the full scope of authorized notarial acts under RULONA, including the custodian affidavit procedure and practical templates for handling copy certification requests.

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