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November 27, 2024

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Required (GL 222, Sec. 8[b][1]).

Notary Journal

Required (GL 222, Sec. 22[a]).

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Secretary of the Commonwealth
1. Address: Office of Secretary of Commonwealth Public Records Division
  Commissions Section
  McCormack Building, Room 1719
  One Ashburton Place
  Boston, MA 02108
2. Phone: 617-727-2836
3. Website: https://www.sec.state.ma.us/predivisions/prenotcommissions/notidxcommissions.htm
Office of the Governor
1. Address: Office of the Governor
  Notary Public Office
  State House
  24 Beacon Street, Room 184
  Boston, MA 02133
2. Phone (notarial questions): 617-725-4030
3. Website: http://www.mass.gov/governor/constituent-services/notary/

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Qualifications: An applicant for a commission as a Massachusetts Notary Public must (GL 222, Sec. 13[a]):
(a) be at least 18 years old and
(b) reside legally or conduct business on a regular basis within Massachusetts.
Application Denial: An application for a Notary commission or reappointment as a Notary may be denied by any of the following based on the Governor’s discretion (GL 222, Sec. 13):
(1) submission of an official application containing a material misstatement or omission of fact;
(2) conviction of an offense that resulted in a prison sentence;
(3) conviction of a misdemeanor offense that resulted in a sentence to probation or a fine or a conviction for a violation of GL 90, Sec. 24[1][a] or paragraph (a) of subdivision (1) or GL 90B, Sec. 8[a];
(4) admission to sufficient facts to warrant a finding of guilt of any offense;
(5) a finding or admission of responsibility or liability in a civil action based on the applicant’s fraud or deceit;
(6) revocation, suspension, restriction or denial of a Notary commission or professional licensure by the Commonwealth or any other jurisdiction; or
(7) any other reason, including official misconduct, that in the Governor’s discretion, would render the applicant unsuitable to hold a Notary commission.
Non-citizens of the United States who are legal residents in this country and living or working or conducting business in Massachusetts may apply for a Notary commission.
Course: Not required.
Exam: Not required.
Application
1. Resume: An “up-to-date resume” and, if available, a business card may be stapled to the four-page application form, which must be notarized by another Notary. (“Handicap-accessible” application forms are also available.)
2. Business Card: If an applicant has a business card, the application instructions instruct the applicant to staple it to the upper left corner of the first page of the application ahead of the application and resume.
3. References: The application must be endorsed by four persons residing in the state, one of whom must be a Massachusetts attorney in good standing.
The $60 commissioning fee is not required to be sent in with the application, but is paid after the applicant has been commissioned. Oath of Office: After appointment
2. Notarization: The applicant’s signature on the application must be notarized by another Notary Public.
3. Processing Time: Processing of any application may take as long as 18 days from the date of mailing. Questions about the status of an application may be submitted to the Governor’s Executive Council at (617) 725-4016.
Background Screening: Not required.
1. Delivery of Commission: “A person appointed to an office by the governor with or without the advice and consent of the council shall be notified of his appointment by the state secretary and his commission delivered to him upon qualification” (GL 30, Sec. 12).
2. Fee: The $60 commissioning fee is not required to be sent in with the application, but is paid after the applicant has been commissioned.
Background Screening: Not required.
Oath of Office
1. Time Filing Window: After appointment, the applicant has three months to take an oath of office
before two “Commissioners to Qualify Public Officers”
1. (GL 30, Sec. 12).
2. Oath Administering Officials: The oath may be taken before two “Commissioners to Qualify Public Officers”; they will inform the Public Records Division in writing that the appointee took the oath of office (GL 222, Sec. 3). The oath may also be taken in the Secretary of the Commonwealth’s office in Boston, Fall River, or Springfield. A wallet ID card showing the commission expiration date is issued to each appointee.
Non-Residents: Non-residents of Massachusetts who are employed in Massachusetts may apply for a Notary commission (Governor’s website, “Notary Public Application”).
Reappointment: “Renewal applications are automatically mailed to Massachusetts notaries five weeks prior to expiration of a notary’s commission. Renewal applications are not available online” (Secretary of the Commonwealth’s website, Notary Public Renewal”“Notary Renewal” located at: https://www.sec.state.ma.us/divisions/commissions/notary-renewal.htm).

Notification to Perform Remote Notarial Acts

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“A person commissioned as a notary public may perform notarial acts … for a term of 7 years unless the commission is earlier revoked or the notary public resigns” (GL 222, Sec. 14).“Whoever presumes to act as a justice of the peace or notary public after the expiration of his commission, and after receiving notice of such expiration, shall be punished by a fine of not less than one hundred nor more than five hundred dollars” (GL 222, Sec. 9).

Bond

Not required.

Changes of Status

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Definition: “‘Acknowledgment’ … [means] a notarial act in which an individual, at a single time and place appears, in person, before a notary public, is identified by the notary public through satisfactory evidence of identity and presents a document to the notary public and indicates to the notary public that the signature on the document before the notary was voluntarily affixed by the individual for the purposes stated within the document or that the signature on the document was the individual’s free act and deed and, if applicable, that the individual was authorized to sign in a particular representative capacity” (GL 222, Sec. 1).

Oaths and Affirmations

DefinitionsDefinition
1. Oath: “‘Oath’… [means] a notarial act, or part thereof, that is legally equivalent to an affirmation and in which an individual, at a single time and place, appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and takes a vow of truthfulness or fidelity under the penalties of perjury by invoking a deity” (GL 222, Sec.1).
2. Affirmation: “‘Affirmation’ … [means] a notarial act, or part thereof, that is legally equivalent to an oath and in which an individual, at a single time and place appears, in person, before a notary public, is identified by the notary public through satisfactory evidence of identity and the individual makes a vow of truthfulness or fidelity under the penalties of perjury without invoking a deity” (GL 222, Sec. 1).
Requirement: According to “Guidelines for the Notary Public,” a still helpful pamphlet formerly issued by the Secretary of the Commonwealth, the oath wording for an affidavit may be as follows: “Do you solemnly swear that the statements contained herein are true, so help you God?”
According to “Guidelines for the Notary Public,” formerly issued by the Secretary of the Commonwealth, the affirmation wording for an affidavit may be as follows: “Do you solemnly affirm, under the penalties of perjury, that the statements made herein are true?”

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Definition: “‘Copy certification’ … [means] a notarial act in which a notary public is presented with a document which the notary public copies, or supervises the copying of, the document by a photographic or electronic copying process, compares the original document to the copy and determines that the copy is accurate and complete” (GL 222, Sec. 1).
Paper Printout Copy Certification: “A tangible copy of an electronic record shall be accepted as the equivalent of an original document for purposes of recording said copy; provided, however, that: (i) the copy contains a notarial certificate that satisfies all requirements for an original document to be accepted for recording; (ii) the copy satisfies all requirements for recording an original document set forth in chapters 183 and 185, as applicable; and (iii) the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record” (GL, 222, Sec. 1727[b]).

Witness Summons

Authority: A clerk of a court of record, a notary public or a justice of the peace may issue summonses for witnesses in all cases pending before courts, magistrates, auditors, referees, arbitrators or other persons authorized to examine witnesses, and at all hearings upon applications for complaints wherein a person may be charged with the commission of a crime; but a notary public or a justice of the peace shall not issue summonses for witnesses in criminal cases except upon request of the attorney general, district attorney or other person who acts in the case in behalf of the commonwealth or of the defendant. If the summons is issued at the request of the defendant that fact shall be stated therein. The summons shall be in the form heretofore adopted and commonly used, but may be altered from time to time like other writs” (GL 233, Sec. 1).

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Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (GL 106, Sec. 3-1505505[b]).
Authority: The protest of a bill of exchange, promissory note or order for the payment of money certified by a notary public under his hand and official seal shall be prima facie evidence of the facts stated in such protest, and of the giving of notice to the drawer or endorser” (GL 107, Sec. 13).
Requirements: [A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (GL 106, Sec. 3-1505505[b]).

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STANDARDS OF PRACTICE

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Definition: “'Appears in person', ‘appears personally’ or ‘personally appears’, [means] (i) being in the same physical location as another individual and close enough to see, hear, communicate with and exchange tangible identification credentials with that individual; or (ii) interacting with a remotely-located individual by means of communication technology in compliance with section 28” (GL 222. Sec. 1).
Notarial Acts: “A notary public shall not perform a notarial act if … the principal is not in the notary public’s presence at the time of notarization, except as specifically provided in this chapter” (GL 222, Sec. 16[a][1i]).
Remote Notarial Acts: “ A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act” (GL 222, Sec. 28[a]).

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Notarial Acts
1. Requirement: In executing an acknowledgment, a jurat or a signature witnessing, or in administering an oath or affirmation, the Notary must identify the principal through “satisfactory evidence of identity” (GL 222, Sec. 1).
  “I understand that a notary public must ensure that the person signing a document to be notarized is who he or she says he or she is. This means that the person signing the document or acknowledging his or her earlier signature must appear in person before the notary public and the notary public must ask for and receive satisfactory evidence of identity from the person who signed the document before performing the notarization” (Massachusetts Notary Public Application).
2. Personal Knowledge: “‘Personal knowledge of identity’ … [means] familiarity with an individual resulting from interactions with that individual over a period of time sufficient to ensure beyond doubt that the individual is the person whose identity is claimed” (GL 222, Sec. 1).
3. Satisfactory EvidenceSatisfactory Evidence: A Notary Public must identify every principal for whom a notarial act is performed based on satisfactory evidence of identity described below.
  1. Written Identification: “‘Satisfactory evidence of identity’ … [means] identification of an individual based on
  : “(i)
  1. … at least 1 current document issued by a federal or state government agency bearing the photographic image of the individual’s face and signature
  ; “(ii) the oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the individual; or “(iii) identification of an individual based on the notary public's personal knowledge of the identity of the principal;
  1. …; provided, however, that for a person who is not a United States citizen, ‘satisfactory evidence of identity’ shall mean identification of an individual based on a valid passport or other government-issued document evidencing the individual's nationality or residence and which bears a photographic image of the individual's face and signature” (GL 222, Sec. 1).
  2. Credible Witness
    1. Definition: Credible Witness: “‘Credible witness’ … [means] an honest, reliable and impartial person who personally knows an individual appearing before a notary and who takes an oath or affirmation before the notary to vouch for that individual's identity” (GL 222, Sec. 1).
Remote Notarial Acts: “A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act if the notary public … has personal knowledge of the identity of the remotely-located individual; … has identified the remotely-located individual by means of an
1. 1. 1. Authorization: “‘Satisfactory evidence of identity’ … [means] identification of an individual based on … the oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the
remotely-located
1. 1. 1. individual
; or … can reasonably identify the remotely-located individual by not less than 2 different types of identity proofing processes or services”
1. 1. 1. .… (GL 222, Sec.
28[a][i]
1. 1. 1. 1).

Duty to Serve

“A notary public shall perform a notarial act for any person requesting such act who tenders the fee provided for in section 41 of chapter 262 or any other general or special law or executive order, unless:
“(i) the notary public knows or has reason to believe that the notarial act or the associated transaction is unlawful;
“(ii) the principal has a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction or document requiring the notarial act;
“(iii) the act is prohibited by this chapter or any other applicable law; or
“(iv) the number of notarial acts requested practicably precludes completion of all acts at once, in which case, the notary public shall arrange for later completion of the remaining acts” (GL 222, Sec 19).

Unlawful Discrimination

“A notary public shall not refuse to perform a notarial act solely based on the principal's race, age, sex, gender identity, sexual orientation, religion, national origin, health, disability or status as a nonclient or noncustomer of the notary public or the notary public’s employer” (GL 222, Sec. 16[b]).

“[A] notary public is a public servant performing a public duty. If a notary public is performing notarizations at a place of business, the notary public may not decline to notarize a document for a person who is not conducting business with the notary public’s employer. For example, if the notary public works at a bank, the notary public may not decline to notarize a document solely because a person is not a client of that bank” (Massachusetts Notary application form).

Incomplete Documents

“A notary public shall not notarize a signature on a blank or incomplete document, except as provided in [GL 222, Sec. 16] subsection (f)” (GL 222, Sec. 16[g]).
The section referenced in the statute pertains to a Notary who is prohibited from providing a signed or sealed notarial certificate to another person with the understanding that it will be attached to the intended document outside the Notary’s presence except in the case of a commercial, nonconsumer transaction. See “Unatttached Notarial Certificate” under “Certificate of Notarial Act,” below.

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1. 1. Personal Knowledge
    1. Definition: “‘Personal knowledge of identity’ … [means] familiarity with an individual resulting from interactions with that individual over a period of time sufficient to ensure beyond doubt that the individual is the person whose identity is claimed” (GL 222, Sec. 1).
    2. Authorization: “‘Satisfactory evidence of identity’ … [means] identification of an individual based on … identification of an individual based on the notary public's personal knowledge of the identity of the principal….” (GL 222, Sec. 1).
Remote Notarial Acts: “A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act if the notary public … has personal knowledge of the identity of the remotely-located individual; … has identified the remotely-located individual by means of an oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the remotely-located individual; or … can reasonably identify the remotely-located individual by not less than 2 different types of identity proofing processes or services” (GL 222, Sec. 28[a][i][A]).

Duty to Serve, Refusing Service

Duty to Serve: “A notary public shall perform a notarial act for any person requesting such act who tenders the fee provided for in section 41 of chapter 262 or any other general or special law or executive order” unless the requested act or transaction is one of the four exceptions noted below (GL 222, Sec 19).
Refusing Service
1. Unlawful Act or Transaction: A Notary Public does not have a duty to perform a notarial act if “the notary public knows or has reason to believe that the notarial act or the associated transaction is unlawful….” (GL 222, Sec 19[i]).
2. Mental Demeanor: A Notary Public does not have a duty to perform a notarial act if “the principal has a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction or document requiring the notarial act….” (GL 222, Sec 19[ii]).
  “A notary public shall not perform a notarial act if … the principal has a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction or document requiring the notarial act” (GL 222, Sec. 16[a][iii]).

Willingness or Coercion

1. Lack of Free Will: “A notary public shall not perform a notarial act if … in the notary public’s judgment, the principal is not acting of the principal’s own free will” (GL 222, Sec. 16[a][iv]).

Signature by Mark

“A notary public may certify the affixation of a signature by mark on a document presented for notarization if:
“(i) the principal affixes the mark in the presence of the notary public and 2 witnesses unaffected by the document;
“(ii) both witnesses sign their own names beside the mark; and
“(iii) the notary public notarizes the signature by mark through an acknowledgment, jurat or signature witnessing” (GL 222, Sec. 15[f]).

Signature by Proxy

“A notary public may sign the name of a principal who is physically unable to sign or make a mark on a document presented for notarization if:
“(i) the principal directs the notary public to do so in the presence of 2 witnesses who are unaffected by the document;
“(ii) the principal does not have a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction or document requiring the notarial act;
“(iii) in the notary public’s judgment, the principal is acting of the principal’s own free will;
“(iv) the notary public signs the principal’s name in the presence of the principal and the witnesses;
“(v) both witnesses sign their own names beside the signature;
“(vi) the notary public writes below the signature: “Signature affixed by notary public in the presence of (names and addresses of principal and 2 witnesses); and
“(vii) the notary public notarizes the signature through an acknowledgment, jurat or signature witnessing” (GL 222, Sec. 15[g]).

Disqualifying Interest

Personal: “A notary public shall not perform a notarial act if …
“(v) the notary public is a party to or is named in the document that is to be notarized unless: (1) the notary public is named in the document for the sole purpose of receiving notices relating to the document; or (2) the notary public is licensed as an attorney in the commonwealth or is employed by an attorney so licensed and is named as an executor, trustee or any other fiduciary capacity in a document;
“(vi) the notary public will receive as a direct result of the notarial act any commission, fee, advantage, right, title, interest, cash, property or other consideration exceeding the maximum fees provided in section 41 of chapter 262 or any other general or special law or executive order, or has any financial interest in the subject matter of the document; provided, however, that this clause shall not preclude a notary public who is licensed as an attorney in the commonwealth or who is employed by an attorney so licensed from performing notarial acts relative to any document in connection with which the attorney receives a legal fee for professional legal services” (GL 222, Sec. 16[a][v] and [vi]).
Relatives: “A notary public shall not perform a notarial act if: …
“(vii) the notary public is a spouse, domestic partner, parent, guardian, child or sibling of the principal, including in-law, step or half relatives, except if a principal witnesses a will or other legal document prepared by the notary public who is an attorney licensed in the commonwealth” (GL 222, Sec. 16[a][vii]).

Unauthorized Practice of Law

General Prohibition: “A notary public who is not an attorney shall not engage in the practice of law” (GL 222, Sec. 17[d]).
Specific Prohibitions: “A notary public shall not advise clients, offer legal advice or represent or advertise the notary public as a legal specialist or consultant unless the notary public is an attorney licensed to practice law in the commonwealth. A notary public shall not state or imply in any communication that the notary public can or will obtain special favors from or has special influence with a government agency. A notary public who is not licensed to practice law in the commonwealth shall not make a literal translation of the notary public’s status as “licensed” or as a “notary public” into a language other than English without regard to the true meaning of the word or phrase in that language or use any other term that implies that the notary public is an attorney so licensed, in any document, including an advertisement, stationery, letterhead, business card or other written or broadcast material describing the notary public or the notary public’s services” (GL 222, Sec. 17[a]).
Exception: “[GL 222, Sec. 17[d]] shall not preclude a notary public who is duly qualified, trained or experienced in a particular industry or professional field from selecting, drafting or completing a certificate or other document related to a matter within that industry or field” (GL 222, Sec. 17[d]).
Improper Influence: “A nonattorney notary public shall not influence a person to enter into or avoid a transaction involving a notarial act by the notary public; provided, however, that the notary public may provide assistance relating to that transaction if the notary public is duly qualified, trained or acting pursuant to a standard or practice recognized in a particular industry or professional field in selecting, drafting or completing a certificate or other document related to a matter within such industry or field” (GL 222, Sec. 16[c]).
Immigration Practices: “A notary public who is not an attorney licensed to practice law in the commonwealth:
“(i) shall not offer legal advice or advise a client as to the immigration status of a client, secure or attempt to secure supporting documents including, but not limited to, birth certificates, necessary to complete a client’s immigration forms or submit completed immigration forms on a client’s behalf to any governmental agency;
“(ii) may translate questions presented on an immigration form for another person and may complete those forms at the explicit direction of such other person only if the translation of such other person’s answers is necessary; and
“(iii) prior to providing services of any kind related to an immigration matter or any matter that could influence or affect a person’s immigration status, shall provide a client with a written statement that states ‘I am not an attorney licensed to practice law. I may not give you legal advice or advise you about immigration policies or procedures. You should seek the advice of a qualified attorney to assist you with any legal questions or with questions about legal status under immigration law’” (GL 222, Sec. 17[b]).
“[GL 222, Sec. 17] Subsection (b) shall not apply to:
“(i) an attorney licensed to practice law in any state or territory of the United States or in a foreign country when authorized by the supreme judicial court, to the extent the attorney renders immigration assistance service in the course of the attorney’s practice as an attorney;
“(ii) a paralegal, legal intern or law student employed by an attorney so licensed and rendering immigration assistance in the course of the intern’s or student’s employment; and
“(iii) an organization employing or desiring to employ a person who is not a citizen of the United States if the organization, its employees or agents provide advice or assistance in immigration-related matters to noncitizen employees or potential employees without compensation from the individuals to whom such advice or assistance is provided” (GL 222, 17[c]).

Investigating Facts

“A notary public shall not be authorized or required to investigate, ascertain or attest to the lawfulness, propriety, accuracy or truthfulness of a document or transaction involving a notarial act” (GL 222, Sec. 20[a]).

Notarizing Photographs

“For individuals needing a photograph notarized, a Notary Public may not certify nor authenticate a photograph. However, a Notary Public may notarize a statement by the principal regarding the photograph. That notarization does not authenticate or certify the photograph, it only verifies that the individual making the statement signed the statement” (Secretary of Commonwealth’s pamphlet, “Apostilles and Certificates of Appointment”).

Intent to Deceive or Defraud

“A notary public shall not perform any official notarial act with the intent to deceive or defraud” (GL 222, Sec. 16[h]).

In-Person Electronic Notarial Acts

Applicable Law
1. Uniform Electronic Transactions Act: Massachusetts has enacted the Uniform Electronic Transactions Act (GL, Chapter 110G), including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (GL 110G, Sec. 11).
2. General Laws, Chapter 222: Effective January 1, 2024, Chapter 222 of the General Laws contains provisions regulating the use of the tamper-evident technology by the Notary to perform in-person electronic notarial acts.
Tamper-Evident Technology
1. Selection by Notary: “A notary public may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (GL 222, Sec. 27[a]).
2. Standards: Any technology approved by the state secretary pursuant to subsection (h) of section 28 and selected by a notary public shall require the notary public’s electronic signature and electronic seal to be:
  “(i) unique to the notary public;
  “(ii) capable of independent verification;
  “(iii) retained under the sole control of the notary public; and
  “(iv) attached to or logically associated with the electronic record in a tamper-evident manner” (GL 222, Sec. 27[a]).
Technology Systems
1. Approval of System Providers: Not required.
2. Listing of Approved System Providers: Not provided.

Remote Notarial Acts

Applicable Law: Effective January 1, 2024, Chapter 222 of the General Laws contains provisions regulating the performance of remote notarial acts.
Technology Systems
1. Approval of System Providers: Not required.
2. Listing of Approved System Providers: Required, but not currently provided.
  “The state secretary shall create and maintain a registry of communication technology service providers who meet the established standards as certified by the communication technology service provider. A notary public who uses communication technology shall utilize communication technology and identity proofing from communication technology service providers included on the state secretary’s registry” (GL 222, Sec. 28[h]).
3. Agent for Service of Process: “By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely-located individual or by providing storage of the audio-visual recording created under clause (iv) of subsection (a), the provider of the communication technology, identity proofing or storage shall appoint the state secretary as the provider’s agent for service of process in any civil action in the commonwealth related to the notarial act” (GL 222, Sec. 28[k]).
4. Insurance Requirement: “In addition to any coverage it elects to provide for individual notaries public, a communication technology service provider shall provide maintenance of errors and omissions insurance coverage in a total amount of not less than $250,000 in the annual aggregate with respect to potential errors or omissions in or relating to the technology or processes provided by the communication technology service provider” (GL 222, Sec. 28[m]).
5. Notary Not Responsible: “A notary public shall not be responsible for the security of the systems used by the remotely-located individual or others to access the notarization session” (GL 222, Sec. 28[m]).
6. Annual Fee: “The state secretary shall assess on each communication technology service provider approved by the secretary an annual fee to be proportioned equally among registered providers. The annual fee shall not exceed, in the aggregate, the actual and reasonable costs incurred by the state secretary for administering the requirements imposed under this section. The costs may include acquiring additional software and other such costs and expenses as determined by the state secretary as reasonable and necessary to meet such requirements. The annual fee shall not be greater than $500,000, in the aggregate” (GL 222, Sec. 28[i]).
Single Real-Time Session: “A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act if the notary public … is able to execute the notarial act in a single, real-time session” (GL 222, Sec. 28[a][ii]).
Confirmation of Record: “A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act if the notary public … is reasonably able to confirm that a record before the notary public is the same record in which the remotely-located individual made a statement or on which the remotely-located individual executed a signature” (GL 222, Sec. 28[a][ii]).
Principal Located Outside the United States: “A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act and is located outside the United States if the: (i) record: (A) is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or (B) involves property located in the territorial jurisdiction of the United States or a transaction substantially connected with the United States; and (ii) act of making the statement or signing the record is not prohibited by the foreign state in which the remotely-located individual is located” (GL 222, Sec. 28[b]).
Audiovisual Recording: For the requirement that a Notary Public create an audiovisual recording of each remote notarial act, see “Records of Notarial Acts,” above.
Personal Information: “A notary public shall not use, sell or offer to sell to another person or transfer to another person for use or sale any personal information obtained under [GL 222] section 28 that identifies a remotely-located individual, a witness to a remote notarization or a person named in a record presented for remote notarization, except: (i) as necessary to facilitate performance of a notarial act; (ii) to effect, administer, enforce, service or process a record provided by or on behalf of the individual or the transaction of which the record is a part; (iii) in accordance with said [GL 222] section 28, including the rules adopted pursuant thereto; or (iv) in accordance with other applicable federal or state law, or to comply with a lawful subpoena or court order” (GL 222, Sec. 29).
Exceptions
1. Wills and Codicils: “A notary public shall not use communication technology to notarize a record related to the electoral process, or a will, codicil or document purporting to be a will or codicil” (GL 222, Sec. 28[c]).
2. Real Estate Closings: “Notwithstanding any general or special law to the contrary, with respect to any document executed in the course of a closing, as defined in section 46E of chapter 221, involving a mortgage or other conveyance of title to residential real property, only a notary public appointed pursuant to this chapter who is an attorney licensed to practice law in the commonwealth, or a non-attorney who is under the direct supervision of, or acting pursuant to a direct request by, the attorney directing or managing the closing, shall perform an acknowledgment, affirmation or other notarial act utilizing communication technology. The notarial certificate affixed to any such document shall recite the board of bar overseers registration number of the attorney notary, or of the supervising attorney for a document notarized by a non-attorney” (GL 222, Sec. 28[o]).
Standards and Rules
1. Standards: “The state secretary shall establish standards, in conformity with national standards, for the use of communication technology and identity proofing by notaries public commissioned by the commonwealth” (GL 222, Sec. 28[h]).
2. Rules: “The secretary shall adopt rules regarding performance of the notarial act that: (i) prescribe the means of performing a notarial act involving a remotely-located individual using communication technology; (ii) establish standards for identity proofing by means of credential analysis using 1 or more commercially available automated software or hardware processes that, consistent with sound commercial practices: (A) aid the notary public in verifying the authenticity of the credential by analyzing the integrity of visual, physical or cryptographic security features to indicate that the credential is not fraudulent or inappropriately modified; and (B) use information held or published by the issuing source or authoritative source to confirm the validity of credential details; provided, however, that the results of the credential analysis process shall be provided to the notary public performing the notarial act; and (iii) provide for the use of audio-video communication technology that: (A) allows the signal transmission to be reasonably secure from interception, access or viewing by anyone other than the participants communicating; (B) provides sufficient audio clarity and video resolution to enable the notary to communicate with the remotely-located individual and any witness and to confirm the identity of the remotely-located individual and any witness, as required, using identity proofing; and (C) meets tamper-evident technological requirements by the use of additional technology that renders any subsequent change or modification to the electronic record evident” (GL 222, Sec. 28[j]).
Chief Land Court Justice Rules: “The chief justice of the land court department may promulgate rules, orders, guidelines and directives to implement this section and section 27 as said sections pertain to the execution, acknowledgment and registration of documents affecting title to land whose title has been registered and confirmed by the land court department pursuant to chapter 185” (GL 222, Sec. 28[p]).

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CERTIFICATE OF NOTARIAL ACT

Certificate Forms

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1. Prohibited Act: A Notary Public does not have a duty to perform a notarial act if “the act is prohibited by this chapter or any other applicable law….” (GL 222, Sec 19[iii]).
2. Number of Requested Acts: A Notary Public does not have a duty to perform a notarial acts if “the number of notarial acts requested practicably precludes completion of all acts at once, in which case, the notary public shall arrange for later completion of the remaining acts” (GL 222, Sec 19[iv]).

Unlawful Discrimination

Protected Classes: “A notary public shall not refuse to perform a notarial act solely based on the principal's race, age, sex, gender identity, sexual orientation, religion, national origin, health, disability or status as a nonclient or noncustomer of the notary public or the notary public’s employer” (GL 222, Sec. 16[b]).
Noncustomers: “[A] notary public is a public servant performing a public duty. If a notary public is performing notarizations at a place of business, the notary public may not decline to notarize a document for a person who is not conducting business with the notary public’s employer. For example, if the notary public works at a bank, the notary public may not decline to notarize a document solely because a person is not a client of that bank” (Massachusetts Notary application form).

Incomplete Documents

Prohibition: “A notary public shall not notarize a signature on a blank or incomplete document, except as provided in [GL 222, Sec. 16] subsection (f)” (GL 222, Sec. 16[g]).
Exception: GL 222, Section 16(f) pertains to a Notary who is prohibited from providing a signed or sealed notarial certificate to another person with the understanding that it will be attached to the intended document outside the Notary’s presence except in the case of a commercial, non-consumer transaction. See “Unattached Notarial Certificate” under “Certificate of Notarial Act,” below.

Signature by Mark

“A notary public may certify the affixation of a signature by mark on a document presented for notarization if:
“(i) the principal affixes the mark in the presence of the notary public and 2 witnesses unaffected by the document;
“(ii) both witnesses sign their own names beside the mark; and
“(iii) the notary public notarizes the signature by mark through an acknowledgment, jurat or signature witnessing” (GL 222, Sec. 15[f]).

Signature by Proxy

“A notary public may sign the name of a principal who is physically unable to sign or make a mark on a document presented for notarization if:
“(i) the principal directs the notary public to do so in the presence of 2 witnesses who are unaffected by the document;
“(ii) the principal does not have a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction or document requiring the notarial act;
“(iii) in the notary public’s judgment, the principal is acting of the principal’s own free will;
“(iv) the notary public signs the principal’s name in the presence of the principal and the witnesses;
“(v) both witnesses sign their own names beside the signature;
“(vi) the notary public writes below the signature: “Signature affixed by notary public in the presence of (names and addresses of principal and 2 witnesses); and
“(vii) the notary public notarizes the signature through an acknowledgment, jurat or signature witnessing” (GL 222, Sec. 15[g]).

Disqualifying Interest

Personal: “A notary public shall not perform a notarial act if …
“(v) the notary public is a party to or is named in the document that is to be notarized unless: (1) the notary public is named in the document for the sole purpose of receiving notices relating to the document; or (2) the notary public is licensed as an attorney in the commonwealth or is employed by an attorney so licensed and is named as an executor, trustee or any other fiduciary capacity in a document;
“(vi) the notary public will receive as a direct result of the notarial act any commission, fee, advantage, right, title, interest, cash, property or other consideration exceeding the maximum fees provided in section 41 of chapter 262 or any other general or special law or executive order, or has any financial interest in the subject matter of the document; provided, however, that this clause shall not preclude a notary public who is licensed as an attorney in the commonwealth or who is employed by an attorney so licensed from performing notarial acts relative to any document in connection with which the attorney receives a legal fee for professional legal services; provided further, that a notary public shall not be precluded from receiving a technology services fee that has been clearly disclosed in advance to the person requesting the service and that technology services fee reflects the actual reasonable cost to the notary public of utilizing a third-party technology service provider; provided further, that the state secretary may set reasonable limits on such technology services fee” (GL 222, Sec. 16[a][v]-[vi]).
Relatives: “A notary public shall not perform a notarial act if: … the notary public is a spouse, domestic partner, parent, guardian, child or sibling of the principal, including in-law, step or half relatives, except if a principal witnesses a will or other legal document prepared by the notary public who is an attorney licensed in the commonwealth or if the notary is employed by any such attorney” (GL 222, Sec. 16[a][vii]).

Unauthorized Practice of Law

General Prohibition: “A notary public who is not an attorney shall not engage in the practice of law” (GL 222, Sec. 17[d]).
Specific Prohibitions: “A notary public shall not advise clients, offer legal advice or represent or advertise the notary public as a legal specialist or consultant unless the notary public is an attorney licensed to practice law in the commonwealth. A notary public shall not state or imply in any communication that the notary public can or will obtain special favors from or has special influence with a government agency. A notary public who is not licensed to practice law in the commonwealth shall not make a literal translation of the notary public’s status as “licensed” or as a “notary public” into a language other than English without regard to the true meaning of the word or phrase in that language or use any other term that implies that the notary public is an attorney so licensed, in any document, including an advertisement, stationery, letterhead, business card or other written or broadcast material describing the notary public or the notary public’s services” (GL 222, Sec. 17[a]).
Exception: “[GL 222, Sec. 17[d]] shall not preclude a notary public who is duly qualified, trained or experienced in a particular industry or professional field from selecting, drafting or completing a certificate or other document related to a matter within that industry or field” (GL 222, Sec. 17[d]).
Improper Influence: “A nonattorney notary public shall not influence a person to enter into or avoid a transaction involving a notarial act by the notary public; provided, however, that the notary public may provide assistance relating to that transaction if the notary public is duly qualified, trained or acting pursuant to a standard or practice recognized in a particular industry or professional field in selecting, drafting or completing a certificate or other document related to a matter within such industry or field” (GL 222, Sec. 16[c]).
Immigration Practices
1. Unauthorized Duties: “A notary public who is not an attorney licensed to practice law in the commonwealth … shall not offer legal advice or advise a client as to the immigration status of a client, secure or attempt to secure supporting documents including, but not limited to, birth certificates, necessary to complete a client’s immigration forms or submit completed immigration forms on a client’s behalf to any governmental agency….” (GL 222, Sec. 17[b][i]).
2. Authorized Duties: “A notary public who is not an attorney licensed to practice law in the commonwealth … may translate questions presented on an immigration form for another person and may complete those forms at the explicit direction of such other person only if the translation of such other person’s answers is necessary…” (GL 222, Sec. 17[b][ii]).
3. Advance Statement: “A notary public who is not an attorney licensed to practice law in the commonwealth … prior to providing services of any kind related to an immigration matter or any matter that could influence or affect a person’s immigration status, shall provide a client with a written statement that states ‘I am not an attorney licensed to practice law. I may not give you legal advice or advise you about immigration policies or procedures. You should seek the advice of a qualified attorney to assist you with any legal questions or with questions about legal status under immigration law’” (GL 222, Sec. 17[b][iii]).
4. Exceptions: “[GL 222, Sec. 17] Subsection (b) shall not apply to:
  “(i) an attorney licensed to practice law in any state or territory of the United States or in a foreign country when authorized by the supreme judicial court, to the extent the attorney renders immigration assistance service in the course of the attorney’s practice as an attorney;
  “(ii) a paralegal, legal intern or law student employed by an attorney so licensed and rendering immigration assistance in the course of the intern’s or student’s employment; and
  “(iii) an organization employing or desiring to employ a person who is not a citizen of the United States if the organization, its employees or agents provide advice or assistance in immigration-related matters to noncitizen employees or potential employees without compensation from the individuals to whom such advice or assistance is provided” (GL 222, 17[c]).

Investigating Facts

“A notary public shall not be authorized or required to investigate, ascertain or attest to the lawfulness, propriety, accuracy or truthfulness of a document or transaction involving a notarial act” (GL 222, Sec. 20[a]).

Notarizing Photographs

“For individuals needing a photograph notarized, a Notary Public may not certify nor authenticate a photograph. However, a Notary Public may notarize a statement by the principal regarding the photograph. That notarization does not authenticate or certify the photograph, it only verifies that the individual making the statement signed the statement” (Secretary of Commonwealth’s pamphlet, “Apostilles and Certificates of Appointment”).

Intent to Deceive or Defraud

“A notary public shall not perform any official notarial act with the intent to deceive or defraud” (GL 222, Sec. 16[h]).

In-Person Electronic Notarial Acts

Applicable Law
1. Uniform Electronic Transactions Act: Massachusetts has enacted the Uniform Electronic Transactions Act (GL, Chapter 110G), including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (GL 110G, Sec. 11).
2. General Laws, Chapter 222: Effective January 1, 2024, Chapter 222 of the General Laws contains provisions regulating the use of the tamper-evident technology by the Notary to perform in-person electronic notarial acts.
Tamper-Evident Technology
1. Selection by Notary: “A notary public may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (GL 222, Sec. 27[a]).
2. Standards: Any technology approved by the state secretary pursuant to subsection (h) of section 28 and selected by a notary public shall require the notary public’s electronic signature and electronic seal to be:
  “(i) unique to the notary public;
  “(ii) capable of independent verification;
  “(iii) retained under the sole control of the notary public; and
  “(iv) attached to or logically associated with the electronic record in a tamper-evident manner” (GL 222, Sec. 27[a]).
Technology Systems
1. Approval of System Providers: Not required.
2. Listing of Approved System Providers: Not provided.

Remote Notarial Acts

Applicable Law: Effective January 1, 2024, Chapter 222 of the General Laws contains provisions regulating the performance of remote notarial acts.
Technology Systems
1. Approval of System Providers: Not required.
2. Listing of Approved System Providers: Required, but not currently provided.
  “The state secretary shall create and maintain a registry of communication technology service providers who meet the established standards as certified by the communication technology service provider. A notary public who uses communication technology shall utilize communication technology and identity proofing from communication technology service providers included on the state secretary’s registry” (GL 222, Sec. 28[h]).
3. Agent for Service of Process: “By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely-located individual or by providing storage of the audio-visual recording created under clause (iv) of subsection (a), the provider of the communication technology, identity proofing or storage shall appoint the state secretary as the provider’s agent for service of process in any civil action in the commonwealth related to the notarial act” (GL 222, Sec. 28[k]).
4. Insurance Requirement: “In addition to any coverage it elects to provide for individual notaries public, a communication technology service provider shall provide maintenance of errors and omissions insurance coverage in a total amount of not less than $250,000 in the annual aggregate with respect to potential errors or omissions in or relating to the technology or processes provided by the communication technology service provider” (GL 222, Sec. 28[m]).
5. Notary Not Responsible: “A notary public shall not be responsible for the security of the systems used by the remotely-located individual or others to access the notarization session” (GL 222, Sec. 28[m]).
6. Annual Fee: “The state secretary shall assess on each communication technology service provider approved by the secretary an annual fee to be proportioned equally among registered providers. The annual fee shall not exceed, in the aggregate, the actual and reasonable costs incurred by the state secretary for administering the requirements imposed under this section. The costs may include acquiring additional software and other such costs and expenses as determined by the state secretary as reasonable and necessary to meet such requirements. The annual fee shall not be greater than $500,000, in the aggregate” (GL 222, Sec. 28[i]).
Single Real-Time Session: “A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act if the notary public … is able to execute the notarial act in a single, real-time session” (GL 222, Sec. 28[a][ii]).
Confirmation of Record: “A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act if the notary public … is reasonably able to confirm that a record before the notary public is the same record in which the remotely-located individual made a statement or on which the remotely-located individual executed a signature” (GL 222, Sec. 28[a][iii]).
Principal Located Outside the United States: “A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act and is located outside the United States if the: (i) record: (A) is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or (B) involves property located in the territorial jurisdiction of the United States or a transaction substantially connected with the United States; and (ii) act of making the statement or signing the record is not prohibited by the foreign state in which the remotely-located individual is located” (GL 222, Sec. 28[b]).
Audiovisual Recording: For the requirement that a Notary Public create an audiovisual recording of each remote notarial act, see “Records of Notarial Acts,” below.
Personal Information: “A notary public shall not use, sell or offer to sell to another person or transfer to another person for use or sale any personal information obtained under [GL 222] section 28 that identifies a remotely-located individual, a witness to a remote notarization or a person named in a record presented for remote notarization, except: (i) as necessary to facilitate performance of a notarial act; (ii) to effect, administer, enforce, service or process a record provided by or on behalf of the individual or the transaction of which the record is a part; (iii) in accordance with said [GL 222] section 28, including the rules adopted pursuant thereto; or (iv) in accordance with other applicable federal or state law, or to comply with a lawful subpoena or court order” (GL 222, Sec. 29).
Exceptions
1. Wills and Codicils: “A notary public shall not use communication technology to notarize a record related to the electoral process, or a will, codicil or document purporting to be a will or codicil” (GL 222, Sec. 28[c]).
2. Real Estate Closings: “Notwithstanding any general or special law to the contrary, with respect to any document executed in the course of a closing, as defined in section 46E of chapter 221, involving a mortgage or other conveyance of title to residential real property, only a notary public appointed pursuant to this chapter who is an attorney licensed to practice law in the commonwealth, or a non-attorney who is under the direct supervision of, or acting pursuant to a direct request by, the attorney directing or managing the closing, shall perform an acknowledgment, affirmation or other notarial act utilizing communication technology. The notarial certificate affixed to any such document shall recite the board of bar overseers registration number of the attorney notary, or of the supervising attorney for a document notarized by a non-attorney” (GL 222, Sec. 28[o]).
Standards and Rules
1. Standards: “The state secretary shall establish standards, in conformity with national standards, for the use of communication technology and identity proofing by notaries public commissioned by the commonwealth” (GL 222, Sec. 28[h]).
2. Rules: “The secretary shall adopt rules regarding performance of the notarial act that: (i) prescribe the means of performing a notarial act involving a remotely-located individual using communication technology; (ii) establish standards for identity proofing by means of credential analysis using 1 or more commercially available automated software or hardware processes that, consistent with sound commercial practices: (A) aid the notary public in verifying the authenticity of the credential by analyzing the integrity of visual, physical or cryptographic security features to indicate that the credential is not fraudulent or inappropriately modified; and (B) use information held or published by the issuing source or authoritative source to confirm the validity of credential details; provided, however, that the results of the credential analysis process shall be provided to the notary public performing the notarial act; and (iii) provide for the use of audio-video communication technology that: (A) allows the signal transmission to be reasonably secure from interception, access or viewing by anyone other than the participants communicating; (B) provides sufficient audio clarity and video resolution to enable the notary to communicate with the remotely-located individual and any witness and to confirm the identity of the remotely-located individual and any witness, as required, using identity proofing; and (C) meets tamper-evident technological requirements by the use of additional technology that renders any subsequent change or modification to the electronic record evident” (GL 222, Sec. 28[j]).
3. Chief Land Court Justice Rules: “The chief justice of the land court department may promulgate rules, orders, guidelines and directives to implement this section and section 27 as said sections pertain to the execution, acknowledgment and registration of documents affecting title to land whose title has been registered and confirmed by the land court department pursuant to chapter 185” (GL 222, Sec. 28[p]).

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CERTIFICATE OF NOTARIAL ACT

Certificate Forms

Massachusetts has adopted acknowledgment certificates from the Uniform Acknowledgments Act of 1892 (GL 183, Sec. 42) and notarial act certificates from the Model Notary Act. These certificates appear below.

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Copy Certification (GL 222, Sec. 15[e])

Commonwealth of Massachusetts
County of _____________

On this _____ day of ______, 20__, I certify that the preceding/following/attached document is a true, exact, complete, and unaltered copy made by me of __________ (description of original document), presented to me by __________.

(Official Signature and Seal of Notary)
(Printed or Typed Name of Notary)
My commission expires_________________

Use of Other Forms

Court, General, Special, Federal Law Forms: “This section shall not require a notary public to use the forms

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in this section if another form of

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acknowledgment, jurat, signature witnessing

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or copy certification is: (i) required or allowed by

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any court rule or court form

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or by any court rule or directive, including, with respect to documents presented for filing with the land court and its land registration districts, the rules, forms, directives and guidelines of the land court; or (ii) required by any general or special law including, but not limited to, section

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2–504 of chapter 190B, any federal law or any regulation adopted pursuant to any such law; provided, however, that the forms in this section may be used in lieu of any equivalent form authorized or promulgated by any such law or regulation including, but not limited to, section 42 of chapter 183 and the forms in the appendix to said chapter 183 if any such law or regulation does not expressly prohibit the use of other forms” (GL 222, Sec. 15[h]).
Form from Another State Form: “This section shall not require a notary public to use the forms in this section if the form of acknowledgment, jurat, signature witnessing, or copy certification of a document contains an alternative form from another state if the document is to be filed or recorded in, or governed by the laws of the other state” (GL 222, Sec. 15[i]).
Form that Prohibits Alteration: “This section shall not require a notary public to use the forms in section 15 if the form of acknowledgment, jurat, signature witnessing or copy certification appears on a printed form that contains an express prohibition against altering such form” (GL 222, Sec. 16[k]).

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Unattached Notarial Certificate

Prohibition: “A notary public shall not provide or send a signed or sealed notarial certificate to another person with the understanding that it will be completed or attached to a document outside of the notary public’s

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presence…. (GL 222, Sec. 16[f]).
Exception: “[I]n connection with a commercial, nonconsumer transaction, a notary public may deliver a signed, sealed or signed and sealed notarial certificate to an attorney with the understanding that:
“(i) the attorney shall attach the certificate to a document outside of the notary public’s presence;
“(ii) the attorney shall hold such notarial certificate in escrow; and
“(iii) the attorney shall obtain the approval of any principals involved before attaching the certificate to the document” (GL 222, Sec. 16[f]).

False Certificate

“A notary public shall not execute a certificate containing information which the notary public knows or believes to be false” (GL 222, Sec. 16[d]).

Certificate of Remote Notarial Act

If “If a notarial act is performed pursuant to this section, the certificate of notarial act required by section 15 shall indicate that the notarial act was performed remotely using communication technology and identify the venue for the notarial act as the county within the commonwealth where the notary public was physically located while performing the notarial actact” (GL 222, Sec. 28[e]).

Validity Provisions

“Except as may be required by the office of the state secretary for the issuance of an apostille:
“(i) failure of a document to contain the forms of acknowledgment, jurat, signature witnessing or copy certification set forth in [GL 222] section 15 or otherwise to comply with the requirements set forth in {GL 222] sections 8 to 23, inclusive, shall not have any effect on the validity of the underlying document or the recording of the underlying document;
“(ii) failure of a document to contain the forms of acknowledgment, jurat, signature witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to accept the document for filing, recordation, registration or acceptance by a third party; and
“(iii) failure of a document executed in a representative capacity to contain an acknowledgment that the instrument was also the voluntary or free act and deed of the principal or grantor shall not affect the validity of the underlying document or the recording of the document” (GL 222, , Sec. 20[b]).

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SEAL AND SIGNATURE

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Notarial Acts: Required.
“A notary public shall keep an official notarial seal or stamp that shall be the exclusive property of the notary public” (GL 222, Sec. 8[b][1]).
In-Person Electronic Notarial Acts: Required (GL 222, Sec. 8[b][1]).
Remote Notarial Acts: Required (GL 222, Sec. 8[b][1]).

Seal Format

Notarial Acts
1. Black-Inked Stamp or Embosser: “If a notarial seal that requires ink is employed, black ink shall be used” (GL 222, Sec. 8[b][2]).
2. Shape/Size: Not specified by law.
3. Components: The following five components must appear in either a seal (embosser) or a stamp (inking device) (GL 222, Sec. 8[b]), or in a seal and a stamp which, when used together, include all of the components (GL 222, Sec. 8[b]):
  1. Name of Notary exactly as on commission;
  2. “Notary Public”;
  3. “Commonwealth of Massachusetts” or “Massachusetts”;
  4. “My commission expires ______ (date)”;
  5. Facsimile of Great Seal of Commonwealth of Massachusetts.
In-Person Electronic Notarial Acts: “The seal of a notary public may be a digital image that appears in the likeness or representation of a traditional physical notary public seal. Only the notary public whose name and registration number appear on an electronic seal shall affix said seal. If the seal is electronically generated, it shall include the words ‘Electronically affixed’” (GL 222, Sec. 8[b][2]).
Remote Notarial Acts: Not expressly prescribed, but it appears that the requirements cited directly above would apply to the affixation of an electronic seal on a remote notarial act by a Notary Public.

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The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary seals (shaded) are allowed by Massachusetts law. Other formats may also be permitted.

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“A notary shall keep an official notarial seal or stamp that shall be the exclusive property of the notary” (GL 222, Sec. 8[b][1]).

Exclusive Use of Seal

A notary public shall not permit another to use such notarial seal or stamp” (GL 222, Sec. 8[b][1]).

Name and Commission Expiration Date

“When taking an acknowledgment of an instrument or administering an oath for an instrument filed in court, a justice of the peace, notary public or other person duly authorized shall print or type such justice of the peace, notary public or other person’s name directly below such person’s signature and affix thereto the date of the expiration of such person’s commission in the following language: ‘My commission expires _________.’ Failure to comply with this section shall not affect the validity of any instrument or the record thereof” ’” (GL 222, Sec. 8[a] and [b]).

New Seal

“A notary public shall obtain a new seal or stamp upon renewal of the commission, upon receipt of a new commission or if the name of the notary public has changed” (GL 222, Sec. 8[b][1]).

Seal of Commissioner

Though the Governor may appoint commissioners to perform notarial acts in other U.S. states, territories, districts and dependencies, such officers are rarely appointed, according to state officials. However, the seal of any such commissioner must contain the following (GL 222, Sec. 5):

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“In each case, a certificate of the commissioner’s oath of office and his signature and an impression of his official seal shall be forthwith transmitted to and filed in the office of the state secretary.”secretary” (GL 222, Sec. 5).

Destruction or Defacement of Seal

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Journal
1. Notarial Acts: Required.
  “A notary “Except as provided in subsection (f), a notary public shall keep, maintain, protect , and provide for lawful inspection a chronological official journal of notarial acts that is a permanently bound book with numbered pages, except as otherwise provided in this section” performed by the notary public” (GL 222, Sec. 22[a]).
2. In-Person Electronic Notarial Acts: Required (GL 222, Sec. 22[a]).
3. Remote Notarial Acts: Required (GL 222, Sec. 22[a]).
4. Exemptions: “A journal shall not be required for a notary public who is an attorney admitted to practice law in any jurisdiction or who is employed by such attorney. If an attorney or person employed by an attorney elects to maintain a journal, this section shall not be construed in any way to impair or infringe in any way on the attorney-client privilege or the attorney work product doctrine” (GL 222, Sec. 22[f]).
  “Notwithstanding [GL 222] section 22 or any other general or special law to the contrary, a notary public who is an attorney or who is employed by an attorney and by virtue of such employment performs notary public duties shall not be required to maintain a journal” such employment performs notary public duties shall not be required to maintain a journal” (GL 222, Sec. 12).
5. Number of Journals: “A notary public shall keep not more than 1 tangible journal at any time. A notary may keep more than 1 electronic journal; provided, however, that each electronic journal shall conform to the requirements of subsection (a)” (GL 222, Sec. 1222[b]).
Recording of Remote Notarial Acts: Required.
“A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act if the notary public … the notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act” public, creates an audio-visual recording of the performance of the notarial act” (GL 222, Sec. 28[a][iv]).

Form of Journal

“A journal may be created on a fixed tangible medium or in an electronic format” (GL 222, Sec. 22[a]).

Tangible Journal: “If the journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages” (GL 222, Sec. 2822[a][iv]).

One Active Journal

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Electronic Journal: “If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with the rules of the state secretary, including rules concerning the regular transfer of electronic journal entries to the secretary” (GL 222, Sec. 22[

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a]).

Journal Entries

Required Entries: For every notarial act, except for the issuance of summons or subpoena or the administration of an oral oath, the notary public shall record in the journal at the time of notarization (GL 222, Sec. 22[bc]):
“(i) the date and time of the notarial act, proceeding, or transaction;
“(ii) the type of notarial act;
“(iii) the type, title, or a description of the document or proceeding, provided, however, that if multiple documents are signed by the same principal in the course of a transaction during a single date a single journal entry shall be sufficient”;
“(iv) the signature and printed name and address of each principal and witness, except that if a principal or witness informs the notary public that the principal or witness is a battered person, the notary public shall make a note in the journal that the person’s address shall not be subject to public inspection”; and
“(v) a description of the type of satisfactory evidence of identity of each person, including:
“(1) a notation of the type of identification document, the issuing agency, its serial or identification number and its date of issuance or expiration; provided, however, that if the identification number on the document is the person’s social security number, instead of including the number, the notary public shall write in the words ‘Social Security number’ or the acronym ‘SSN’;
“(2) a notation if the notary public identified the individual based on the oath or affirmation of a credible witness or based on the notary public’s personal knowledge of the individual;
“(3) the fee, if any, charged for the notarial act; and
“(4) the address where the notarization was performed.”
Incomplete Act: “A notary public shall record in the journal the reason for not completing a notarial act requested by a principal” (GL 222, Sec. 22[e]).
Prohibited Entries: “A notary public shall not record a social security or credit card number in the journal” (GL Sec. 22[d]).

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“If not in use, a journal shall be kept in a secure area under the exclusive control of the notary public or a third-party technology service provider designated by the notary public; provided, however, that there is a mutual agreement by both the notary public and the third-party service provider; and provided further, that a journal shall not be used by any other notary public nor or surrendered to an employer upon termination of employment” employment.” (GL 222, Sec. 22[i]).

Inspection by Law Enforcement

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Journal of Notarial Acts: “If a notary public’s commission expires, is resigned or revoked, the notary public shall, as soon as reasonably practicable, destroy or deface all notary seals and stamps so that they shall not be used and shall retain the journal and records for 7 years after the date of expiration, resignation or revocation” (GL 222, Sec. 24).
Recordings of Remote Notarial Acts: A “A notary public, a guardian, conservator or agent of a notary public or a personal representative of a deceased notary public shall retain the audio-visual recording created under clause (iv) of subsection (a) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. The recording shall be retained for 10 years after the recording is mademade” (GL 222. Sec. 28[f]).

Defacing or Concealing Records

The law states (GL 222, Sec. 10): “Whoever knowingly destroys, defaces or conceals the records or official papers of a notary public shall forfeit not more than one thousand dollars and be liable for damages to any person injured thereby.”thereby” (GL 222, Sec. 10).

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FEES FOR NOTARIAL ACTS

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Attorney-Only: “A notary public who is not an attorney licensed to practice law in the commonwealth shall not conduct a real estate closing and shall not act as a real estate closing agent; provided, however, that a notary public who is employed by an attorney so licensed may notarize a document in conjunction with a real estate closing conducted by the attorney and a notary public who is employed by a lender may notarize a document in conjunction with the closing of such lender’s real estate loans” (GL 222, Sec. 17[e]).

Recording Requirements

Acknowledgment: “No deed shall be recorded unless a certificate of its acknowledgment or of the proof of its due execution, made as hereinafter provided, is endorsed upon or annexed to it, and such certificate shall be recorded at length with the deed to which it relates; but this section shall not apply to conveyances from the United States” (GL 183, Sec. 29).
Legibility and Duplication: “A register of deeds may refuse to accept an instrument for recording if it cannot be properly duplicated or a proper record cannot be made thereof” (GL 36 Sec. 12A).
Document Formatting: Standards for document formatting have been adopted by the Massachusetts Registers & Assistant Registers of Deeds Association in its “Massachusetts Deed Indexing Standards 2018” available for download on the Secretary of the Commonwealth’s website. These standards reflect “the practice of the great majority of Massachusetts Registries of Deeds. However, due to variations in technology, local legal culture and other factors, universal compliance with these standards is a practical impossibility. Therefore, individual registries may create a local supplement that explains how local practices differ from these rules.” The following are the Association’s adopted standards:
“1. [Documents presented for recording must] [b]e on white paper of sufficient weight to reproduce on registry scanners
“2. All document pages and attachments must be on paper that is no larger than 8.5 inches by 14 inches
“3. Printing shall be on one side only; double-sided pages will not be accepted
“4. Documents that contain printing, writing or other markings must be sufficiently dark in appearance to be legibly reproduced on standard registry scanners
“5. All printing and writing on a document must be of sufficient size to be legibly reproduced on standard registry scanners
“6. Margins on all sides of all document pages must be of sufficient size to be legibly reproduced on standard registry scanners
“7. The first page of all documents must contain sufficient blank space to permit the registry of deeds to affix standard recording information to the document without obscuring any information contained in the document
“8. Each register of deeds retains the discretion to record documents that do not fully comply with these formatting standards provided that the record created by the registry is legible and retrievable on standard registry computer systems”.

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RECOGNITION OF NOTARIAL ACTS

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a document in conjunction with the closing of such lender’s real estate loans” (GL 222, Sec. 17[e]).

Recording Requirements

Acknowledgment: “No deed shall be recorded unless a certificate of its acknowledgment or of the proof of its due execution, made as hereinafter provided, is endorsed upon or annexed to it, and such certificate shall be recorded at length with the deed to which it relates; but this section shall not apply to conveyances from the United States” (GL 183, Sec. 29).
Legibility and Duplication: “A register of deeds may refuse to accept an instrument for recording if it cannot be properly duplicated or a proper record cannot be made thereof” (GL 36 Sec. 12A).
Document Formatting: Standards for document formatting have been adopted by the Massachusetts Registers & Assistant Registers of Deeds Association in its “Massachusetts Deed Indexing Standards 2018” available for download on the Secretary of the Commonwealth’s website. These standards reflect “the practice of the great majority of Massachusetts Registries of Deeds. However, due to variations in technology, local legal culture and other factors, universal compliance with these standards is a practical impossibility. Therefore, individual registries may create a local supplement that explains how local practices differ from these rules.” The following are the Association’s adopted standards:
“1. [Documents presented for recording must] [b]e on white paper of sufficient weight to reproduce on registry scanners
“2. All document pages and attachments must be on paper that is no larger than 8.5 inches by 14 inches
“3. Printing shall be on one side only; double-sided pages will not be accepted
“4. Documents that contain printing, writing or other markings must be sufficiently dark in appearance to be legibly reproduced on standard registry scanners
“5. All printing and writing on a document must be of sufficient size to be legibly reproduced on standard registry scanners
“6. Margins on all sides of all document pages must be of sufficient size to be legibly reproduced on standard registry scanners
“7. The first page of all documents must contain sufficient blank space to permit the registry of deeds to affix standard recording information to the document without obscuring any information contained in the document
“8. Each register of deeds retains the discretion to record documents that do not fully comply with these formatting standards provided that the record created by the registry is legible and retrievable on standard registry computer systems”.

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RECOGNITION OF NOTARIAL ACTS

Acknowledgments in Massachusetts

“The acknowledgment of the execution of a deed or other written instrument required to be acknowledged shall be by 1 or more of the grantors or by any attorneys or representatives executing it on behalf of the grantors. The officer before whom the acknowledgment is made shall endorse upon or annex to the instrument a certificate thereof. Such acknowledgment may be made … [if] within the commonwealth, before a justice of the peace or notary public” (GL 183, Sec. 30[a]).

Justices of the Peace: “Justices of the peace and notaries public shall be appointed and their commissions shall be issued for the commonwealth. Justices of the peace and notaries public shall have jurisdiction throughout the commonwealth when acting under the sole authority of such a commission and shall perform their duties subject to sections 8 to 29, inclusive. Unless otherwise expressly provided, justices of the peace and notaries public may administer oaths or affirmations in all cases in which an oath or affirmation is required and take acknowledgments of deeds and other instruments” (GL 222, Sec. 1A).

Acknowledgments in U.S. State or Jurisdiction

“The acknowledgment of the execution of a deed or other written instrument required to be acknowledged shall be by 1 or more of the grantors or by any attorneys or representatives executing it on behalf of the grantors. The officer before whom the acknowledgment is made shall endorse upon or annex to the instrument a certificate thereof. Such acknowledgment may be made—
“(a) If within the commonwealth, before a justice of the peace or notary public” made … [i]f without the commonwealth, in any state, territory, district or dependency of the United States, before a justice of the peace, notary public, magistrate or commissioner appointed therefor by the governor of this commonwealth, or, if a certificate of authority in the form prescribed by section thirty-three is attached thereto, before any other officer therein authorized to take acknowledgments of deeds” (GL 183, Sec. 30[ab]).Justices

Certificate of

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Acknowledgments in U.S. State or Jurisdiction

“The acknowledgment of the execution of a deed or other written instrument required to be acknowledged shall be by 1 or more of the grantors or by any attorneys or representatives executing it on behalf of the grantors. The officer before whom the acknowledgment is made shall endorse upon or annex to the instrument a certificate thereof. Such acknowledgment may be made— …
“(b) If without the commonwealth, in any state, territory, district or dependency of the United States, before a justice of the peace, notary public, magistrate or commissioner appointed therefor by the governor of this commonwealth, or, if a certificate of authority in the form prescribed by section thirty-three is attached thereto, before any other officer therein authorized to take acknowledgments of deeds” (GL 183, Sec. 30[b]).

Certificate of Authority: “Whenever, under clause (b) of [GL 183] section thirty or under section forty-one, a certificate of authority is required to be attached, there shall be subjoined or attached to the certificate of proof or acknowledgment a certificate of the secretary of state of the state where the officer taking the acknowledgment resides, under the seal of such state, or a certificate of the clerk of a court of record of such state in the county where said officer resides or where he took such proof or acknowledgment, under the seal of the court, stating that said officer was, at the time of taking such proof or acknowledgment, duly authorized thereto in said state, and that said secretary of state or clerk of court is well acquainted with his handwriting and verily believes the signature affixed to such certificate of proof or acknowledgment is genuine” (GL 183, Sec. 33).
Commissioners: “The governor, with the advice and consent of the council, may appoint commissioners in the states, territories, districts and dependencies of the United States, and one or more commissioners in every foreign country, to hold office for three years from the date of their respective appointments” (GL 222, Sec. 4). Such officers are rarely appointed.
Such commissioners may “in (their) state, territory, district, dependency or country, administer oaths and take depositions, affidavits and acknowledgments of deeds and other instruments, to be used or recorded in this commonwealth, and the proof of such deeds, if the grantor refuses to acknowledge the same, all of which shall be certified by him under his official seal” (GL 222, Sec. 6).

Acknowledgments Outside the United States

“The acknowledgment of the execution of a deed or other written instrument required to be acknowledged shall be by 1 or more of the grantors or by any attorneys or representatives executing it on behalf of the grantors. The officer before whom the acknowledgment is made shall endorse upon or annex to the instrument a certificate thereof. Such acknowledgment may be made— …
“(c) If without the United States or any dependency thereof, before a justice of the peace, notary, magistrate or commissioner as above provided, or before an ambassador, minister, consul, vice consul, chargé d’affaires or consular officer or agent of the United States accredited to the country where the acknowledgment is made; if made before an ambassador or other official of the United States, it shall be certified by him under his seal of office” (GL 183, Sec. 30[c]).

“The proof of a deed or other instrument, if made without the commonwealth in some state, territory, district or dependency of the United States, may be made before any of the persons enumerated in clause (b) of [GL 183] section thirty; provided, however, that a certificate of authority as provided in [GL 183] section thirty-three shall be attached thereto; if without the United States or any dependency thereof, such proof may be made before any of the persons enumerated in clause (c) of said section thirty” (GL 183, Sec. 41).

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AUTHENTICATION OF NOTARIAL ACTS

Secretary of Commonwealth

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Authority: “Whenever, under clause (b) of [GL 183] section thirty or under section forty-one, a certificate of authority is required to be attached, there shall be subjoined or attached to the certificate of proof or acknowledgment a certificate of the secretary of state of the state where the officer taking the acknowledgment resides, under the seal of such state, or a certificate of the clerk of a court of record of such state in the county where said officer resides or where he took such proof or acknowledgment, under the seal of the court, stating that said officer was, at the time of taking such proof or acknowledgment, duly authorized thereto in said state, and that said secretary of state or clerk of court is well acquainted with his handwriting and verily believes the signature affixed to such certificate of proof or acknowledgment is genuine” (GL 183, Sec. 33).
Commissioners: “The governor, with the advice and consent of the council, may appoint commissioners in the states, territories, districts and dependencies of the United States, and one or more commissioners in every foreign country, to hold office for three years from the date of their respective appointments” (GL 222, Sec. 4). Such officers are rarely appointed.
“A commissioner may, in his state, territory, district, dependency or country, administer oaths and take depositions, affidavits and acknowledgments of deeds and other instruments, to be used or recorded in this commonwealth, and the proof of such deeds, if the grantor refuses to acknowledge the same, all of which shall be certified by him under his official seal” (GL 222, Sec. 6).

Acknowledgments Outside the United States

“The acknowledgment of the execution of a deed or other written instrument required to be acknowledged shall be by 1 or more of the grantors or by any attorneys or representatives executing it on behalf of the grantors. The officer before whom the acknowledgment is made shall endorse upon or annex to the instrument a certificate thereof. Such acknowledgment may be made … [i]f without the United States or any dependency thereof, before a justice of the peace, notary, magistrate or commissioner as above provided, or before an ambassador, minister, consul, vice consul, chargé d’affaires or consular officer or agent of the United States accredited to the country where the acknowledgment is made; if made before an ambassador or other official of the United States, it shall be certified by him under his seal of office” (GL 183, Sec. 30[c]).

“The proof of a deed or other instrument, if made without the commonwealth in some state, territory, district or dependency of the United States, may be made before any of the persons enumerated in clause (b) of [GL 183] section thirty; provided, however, that a certificate of authority as provided in [GL 183] section thirty-three shall be attached thereto; if without the United States or any dependency thereof, such proof may be made before any of the persons enumerated in clause (c) of said section thirty” (GL 183, Sec. 41).

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AUTHENTICATION OF NOTARIAL ACTS

Secretary of Commonwealth

Authenticating certificates for Notaries, including apostilles, are issued by the office of Massachusetts’ Secretary of the Commonwealth for the following officials: Massachusetts Notary Public, justice of the peace, city/town clerk or assistant, court clerk or assistant, and registrar of vital statistics.

Address: Secretary of Commonwealth
Public Records Division
Commissions Section
One Ashburton Place, Room 1719
Boston, MA 02108
Phone: 617-727-2836
Website: https://www.sec.state.ma.us/divisions/commissions/apostilles.htm
Regional Offices: Authenticating certificates, including apostilles, may also be issued at the following regional offices of the Secretary. The turnaround times and number of documents accepted will vary — contact the office for details.
SOUTHEASTERN DISTRICT OFFICE:
Secretary of the Commonwealth
218 South Main St., Suite 206
Fall River, MA 02721
508-646-1374
WESTERN DISTRICT OFFICE:
Secretary of the Commonwealth
436 Dwight St., Room 102
Springfield, MA 01103
413-784-1376
Procedure
Procedure: Mail or present in person the original notarized document, along with the appropriate fee. A maximum of three documents will be done per customer while they wait at the counter.
1. Mailed or In-Person Requests: Mail or present in person the original notarized document, along with the appropriate fee. A maximum of three documents will be done per customer while they wait at the counter. Customers with four or more documents may pick them up after 3:00 p.m. on the next business day.
2. Request Form: An “Apostille/Certification Request Form” which may be downloaded from the Secretary of the Commonwealth’s website should be completed and provided with the document(s) to be authenticated.
3. Fees: $6 per signature certified for issuing any “certificate of appointment” or apostille, payable to “Commonwealth of Massachusetts.”
Address: Secretary of Commonwealth
Public Records Division
Commissions Section
One Ashburton Place, Room 1719
Boston, MA 02108
Phone: 617-727-2836
1. Processing Time: The processing time for mailed requests is within two to three weeks (website, “Apostilles and Certificates of Documents”).
Photocopied signatures cannot be certified. Indicate the country of destination and include a
2. Return Delivery: A prepaid return envelope (with a billing
account number if an express delivery firm is used). For more information, see the pamphlet “Apostilles and Certificates of Appointment,” available on the Secretary’s website in English and Spanish
1. account number if an express delivery firm is used) must be provided.
School Transcript or Diploma: Before a transcript or diploma from an in-state school may be authenticated by the Secretary of the Commonwealth, the school registrar must first certify the record in the presence of a Notary, who will notarize the signature of the registrar (Secretary’s pamphlet, “Apostilles and Certificates of Appointment”).Regional Offices: Authenticating certificates, including apostilles, may also be issued at the following regional offices of the Secretary. The turnaround times and number of documents accepted will vary — contact the office for details.
SOUTHEASTERN DISTRICT OFFICE:
Secretary of the Commonwealth
218 South Main St., Suite 206
Fall River, MA 02721
508-646-1374
WESTERN DISTRICT OFFICE:
Secretary of the Commonwealth
436 Dwight St., Room 102
Springfield, MA 01103
413-784-1376

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AnchortoptopLast updated

November 27, 2024

Notary Journal

Notification to Perform Remote Notarial Acts

Bond

Changes of Status

Oaths and Affirmations

Witness Summons

STANDARDS OF PRACTICE

Duty to Serve

Unlawful Discrimination

Incomplete Documents

Duty to Serve, Refusing Service

Willingness or Coercion

Signature by Mark

Signature by Proxy

Disqualifying Interest

Unauthorized Practice of Law

Investigating Facts

Advertisements

Notarizing Photographs

Intent to Deceive or Defraud

In-Person Electronic Notarial Acts

Remote Notarial Acts

CERTIFICATE OF NOTARIAL ACT

Certificate Forms

Unlawful Discrimination

Incomplete Documents

Signature by Mark

Signature by Proxy

Disqualifying Interest

Unauthorized Practice of Law

Investigating Facts

Advertisements

Notarizing Photographs

Intent to Deceive or Defraud

In-Person Electronic Notarial Acts

Remote Notarial Acts

CERTIFICATE OF NOTARIAL ACT

Certificate Forms

Use of Other Forms

Unattached Notarial Certificate

False Certificate

Certificate of Remote Notarial Act

Validity Provisions

SEAL AND SIGNATURE

Seal Format

Exclusive Use of Seal

Name and Commission Expiration Date

New Seal

Seal of Commissioner

Destruction or Defacement of Seal

Form of Journal

One Active Journal

Journal Entries

Inspection by Law Enforcement

Defacing or Concealing Records

FEES FOR NOTARIAL ACTS

Recording Requirements

RECOGNITION OF NOTARIAL ACTS

Recording Requirements

RECOGNITION OF NOTARIAL ACTS

Acknowledgments in Massachusetts

Acknowledgments in U.S. State or Jurisdiction

Acknowledgments in U.S. State or Jurisdiction

Acknowledgments Outside the United States

AUTHENTICATION OF NOTARIAL ACTS

Secretary of Commonwealth

Acknowledgments Outside the United States

AUTHENTICATION OF NOTARIAL ACTS

Secretary of Commonwealth

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