Is it lawful to certify documents online or virtually? In most countries, the law is unclear on whether it is lawful. There is very little case law dealing with this scenario. The world has become increasingly digital over the past few years, with more people using digital tools to communicate on the internet, smart devices and other technologies. Digital technology has made it easier to get things done. We’re able to communicate using words, video, audio, and exchange other media. This includes the exchange of critical legal documents.

Unfortunately, we don’t currently certify documents online or virtually for clients

Is it lawful for a commissioner to virtually certify documents as true copies of originals? Can a commissioner certify a hard copy of a document as a true copy if they only see the hard original document virtually or online?

This article isn’t about a commissioner commissioning an oath or affidavit. That is something different, and you can read more about virtual commissioning.

Purpose of certifying an original document

Often, people have documents like IDs, driver’s licences or passports in one original form. If people give an organisation like a bank, government or retailer the original document, they wouldn’t be able to show proof of identification to the next organisation that asks for it. 

One option would be to give the organisation a copy of the original; but how would the organisation know it is a copy of the original? Because a criminal could make a copy and steal someone’s identity. This is where a certified copy comes into play. You can go to a commissioner of oaths (trusted third party) and ask them to certify that the document is a true copy of the original. Organisations can then accept that the copy is a true copy and the person gets to keep their original documents. Everyone is happy. 

Authorities who can certify documents

It differs from country to country, but the following types of authorities can certify documents.

  • Police officers at a police station (like SAPS).
  • Practising attornies.
  • Advocates.
  • Notaries.
  • Conveyancers.
  • Others.

How documents are certified

You will need to provide the person certifying the documents with the original document. They will then make a photocopy of the original and certify the photocopy. The exact wording of the certification can depend on the organisation requesting the document. Different organisations, particularly from different countries, often have different requirements. The person certifying the documents will generally:

  • sign and date it,
  • print their name,
  • their occupation,
  • address, and
  • contact number.

Is it lawful to certify documents online or virtually?

In most countries, the law is not clear on whether it is lawful or not. There is very little case law dealing with this scenario. Please let us know if you are aware of any cases. When certifying a copy of an original document as a true copy of the original, the commissioner must compare the copy with the original document. The commissioner must be sure that the two documents are, in fact, the same. Knowledge of the existence of the original document will not suffice – the commissioner must personally view the original document and compare it to the copy.

The commissioner must be able to see whether the copy is in fact a true copy of the original. 

Is it lawful to certify a hard copy of an electronic original as a true copy?

The short answer is generally ‘yes.’ For example, the person who needs documents certified can log on to their bank’s online portal or app in the presence of the commissioner and request or download the electronic original. They could also show the commissioner the email with the document received directly from the bank. The commissioner can then print the electronic original and certify the hard copy to be a “true hard copy of the electronic original”.