Effective January 1, 2025, a new California law, AB 2004, introduces a significant update for notaries regarding the certification of printed copies of electronic records. As a California notary, understanding how this law impacts your responsibilities is crucial for providing accurate and compliant services.
This guide will walk you through the essentials of AB 2004 and what it means for your notary practice.
What Does AB 2004 Allow?
Under AB 2004, a “disinterested custodian” of an electronic record can certify that a tangible (printed) copy of the electronic record is a complete and accurate reproduction. This certification must be performed under penalty of perjury in the presence of a notary public, who will then execute a jurat.
Importantly, the responsibility for certifying the accuracy of the copy lies with the custodian, not the notary. Your role as a notary is to administer the oath or affirmation, witness the custodian’s signature, and complete the necessary notarial certificate.
Key Steps for Notarizing a Certified Copy of an Electronic Record
When asked to notarize this type of document, follow these steps:
- Verify the Identity of the Custodian: Confirm the identity of the custodian according to California’s requirements for acceptable identification.
- Administer an Oath or Affirmation: Require the custodian to swear or affirm that the printed copy is a complete and accurate reproduction of the electronic record.
- Witness the Signature: Observe the custodian signing the “Certification of a Printed Copy of an Electronic Record” statement in your presence.
- Complete Your Notary Journal: Record the notarization in your journal, including all required details such as the type of notarization and the signer’s information.
- Attach or Complete a Jurat Certificate: If the jurat wording is not pre-printed on the document, attach a separate jurat certificate that complies with California law.
What Documents Can a California Notary Certify?
While AB 2004 introduces new rules for certifying copies of electronic records, the types of documents a California notary can directly certify remain limited to:
- Powers of attorney.
- Copies of notary journal entries, when officially requested by the Secretary of State or via court order.
For all other documents, including the printed copies of electronic records under AB 2004, the certification must be completed by the custodian, not the notary.
FAQs About AB 2004
1. What is a “Disinterested Custodian”?
A disinterested custodian is an individual who is not directly involved in the document’s content or purpose. This neutrality helps ensure that the certification process is impartial.
2. Does AB 2004 Change the Role of Notaries in California?
No. Your primary role remains to verify the identity of signers, administer oaths, and complete notarial acts. AB 2004 adds a new scenario to the types of notarizations you may encounter but does not expand the scope of documents you can certify.
3. What Should I Do If Someone Asks Me to Certify a Copy?
You can only certify copies of powers of attorney or your own notary journal entries (when authorized). If someone asks you to certify a printed copy of an electronic record, inform them that only a disinterested custodian can make that certification.
Preparing for AB 2004
To ensure you are ready to handle these requests:
- Update your knowledge with training courses that cover AB 2004.
- Familiarize yourself with the “Certification of a Printed Copy of an Electronic Record” statement format.
- Review your notary journal and supplies to ensure you are prepared for any new documentation requirements.
Conclusion
AB 2004 represents an important development for notaries in California. By understanding the requirements and processes associated with this new law, you can confidently assist your clients while maintaining compliance with state regulations. Stay informed and prepared to continue delivering exceptional notarial services in this evolving landscape.