The certification must be signed under oath by one of the parties to the document or by an authorized representative of that party. The certification does not need to be signed by the actual person or persons who executed the original document. However, the Office cannot accept a certification that has been signed by a successor in interest to one or more of the parties to the document. Likewise, the Office cannot accept a statement from a notary public confirming that the photocopy or other reproduction of a signed document is a true copy of the original (as opposed to a statement from a notary confirming the identity of the individual who signed the certification].
The oath may be self-administered by providing an appropriate statement, such as: "I declare under penalty of perjury that the accompanying document is a true and correct copy of the original document. Executed on [date]." As discussed in Section 2 3 09.12(C) (4], the remitter may provide this statement by completing space 9 of Form DCS. The remitter also may provide this statement in a cover letter or other written communication with the U.S. Copyright Office. In the alternative, the oath may be administered by a notary public or any other person authorized to administer oaths.
The sworn certification should be submitted together with a legible reproduction of the signed document. The certification should contain the original signature of the party that executed the certification. The Office cannot accept a photocopy or other reproduction of a signed certification.
NOTE: A sworn certification cannot be used if the original signed document has been validated by or filed with a government office. In this situation, the reproduction must be submitted with an official certification, as discussed in Section 2309.10(C)(4) below.
2309.10(C)(3) What Is an Official Certification?
An official certification is a certification, issued by an appropriate government official, that the original of the document is on file in a public office and that the reproduction is a true copy of the original.
Examples:
• A copy of a certificate of corporate merger that has been submitted for recordation together with an official certification issued by the Secretary of State for the jurisdiction where the original document has been filed.
• A judicial decree establishing a change of name for a person that has been submitted for recordation together with an official certification from the clerk of the court that issued the decree.
2309.10(C)(4) Requirements for an Official Certification
To record a photocopy or other reproduction of a signed document that has been validated by or filed with a government office, the remitter must submit the reproduction together with an official certification.
Chapter 2300 : 29
12/22/2014
