Massachusetts - U.S. Notary Reference

Last updated January 9, 2024

TABLE OF CONTENTS (Click/Tap to Expand and Contract)

QUICK FACTS

Notary Jurisdiction

Statewide (GL 222, Sec. 14).

Notary Term Length

Seven years (GL 222, Sec. 14).

Notary Bond

Not required by law.

Notary Seal

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

Notary Journal

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

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ADMINISTRATION AND RULES

Commissioning Official

In Massachusetts, the Secretary of the Commonwealth and the Governor are both involved with the administration of the Notary program. The Governor appoints Notaries with the advice and consent of the Executive Council, while the Secretary maintains records on the appointees and authenticates their acts.

Contact Information

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: www.sec.state.ma.us/pre/prenot/notidx.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/

Laws, Rules and Guidelines

Laws: Notary statutes are in the Massachusetts General Laws: Chapter 222, “Justices of the Peace, Notaries Public and Commissioners”; and Chapter 183, “Alienation of Land.”

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COMMISSION AND APPOINTMENT

Though Massachusetts’ Notaries are appointed by the Governor, with the advice and consent of the Executive Council, it is the Public Records Division in the office of the Secretary of the Commonwealth that maintains records on them.

Commission Process

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.
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:
(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: 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.) 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. 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.
Oath of Office: After appointment, the applicant has three months to take an oath of office before two “Commissioners to Qualify Public Officers” (GL 30, Sec. 12); they will inform the Public Records Division in writing that the appointee took the oath of office. 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”).

Notification to Perform Remote Notarial Acts

Requirement: “Before a notary public performs the notary public’s initial notarization using communication technology, the notary public shall: (i) register as a remote notary with the state secretary; (ii) inform the state secretary that the notary public intends to perform remote notarizations; and (iii) identify the communication technology that the notary public will use. The communication technology shall conform to the requirements of this chapter and any rules adopted by the state secretary. The notice shall be submitted in the form prescribed by the state secretary and shall: (A) include an affirmation that the notary public has read and will comply with this section and all rules adopted by the state secretary; (B) be accompanied by proof that the notary public has successfully completed any training that may be required by the state secretary; and (C) identify a usual place of business in the commonwealth or, if a foreign entity, identify a registered agent, and in either case identify an address for service of process in connection with a civil action or other proceeding” (GL 222, Sec. 28[d]).
Course May Be Required: “Prior to a notary public’s initial notarization using communication technology, the state secretary may require the notary public to complete a course, either in-person or online, addressing the duties, obligations and technology requirements for conducting remote notarizations offered by the state secretary or a vendor approved by the state secretary; provided, however, that if such course is required the course’s duration shall not exceed 3 hours. Each such provider of communication technology shall make the in-person or online course generally available to all applicants. Regardless of membership in the provider’s organization, the provider shall charge each attendee the same cost for the course unless the course is provided in conjunction with a regularly scheduled meeting of the provider’s membership” (GL 222, Sec. 28[n]).

Online Search

Not available. Records of a specific Notary Public may be obtained by calling the Secretary of the Commonwealth at (617) 727-2836.

Jurisdiction

“A person commissioned as a notary public may perform notarial acts in any part of the commonwealth” (GL 222, Sec. 14).

“I understand that a notary public may witness signatures on documents for use in Massachusetts and in other states. However, a notary public may only witness a signature so long as he or she is physically present in Massachusetts at the time of the notarization” (Massachusetts Notary Public Application).

Term Length

“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

Address or Name Change: “Within 10 days after the change of a notary public’s name, residence, business address or mailing address, the notary public shall send to the state secretary a signed notice of the change, providing both the old and new information” (GL 222, Sec. 25).
The Division at 617-727-2836 can answer questions about name and address changes, and provide up-to-date contact information for any Notary.
A Notary with a name change may continue to notarize with the former name until commission expiration.
A form to register a change of address or name may be obtained online at www.sec.state.ma.us.
Commission Expiration Resignation, Revocation: “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).

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NOTARIAL ACTS

Authorized Acts

Notarial Acts: Massachusetts Notaries are authorized to perform the following notarial acts (GL 222, Sec. 15[a]):
1. Take acknowledgments;
2. Administer oaths and affirmations;
3. Execute jurats;
4. Witness signatures;
5. Certify copies;
6. Issue summonses for witnesses (GL 233, Sec. 1);
7. Witness openings of bank safes, vaults or boxes (GL 167, Sec. 32; 171, Sec. 75);
8. Perform protests (GL 107, Sec. 13).
Remote Notarial Acts: Massachusetts Notaries who have notified the State Secretary that they will be performing remote notarial acts may perform any of the notarial acts listed above remotely.

Acknowledgments

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

Definition: “‘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).
“‘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?”

Jurats

Definition: “‘Jurat’ … [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 (i) presents a document; (ii) signs the document in the presence of the notary public; and (iii) takes an oath or affirmation before the notary public vouching for the truthfulness or accuracy of the contents of the signed document” (GL 222, Sec. 1).

Signature Witnessings

Definition: “‘Signature witnessing’ … [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 and signs the document in the presence of the notary public” (GL 222, Sec. 1).

Copy Certifications

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. 17[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).

Safe Deposit Box Openings

Authority: “Should any bank, at the time when the commissioner takes possession thereof, have in its possession for safe keeping and storage, any jewelry, plate, money, securities, valuable papers or other valuable personal property, or should it have rented any box, safes, or safe deposit boxes, or any part thereof, for the storage of property of any kind, the commissioner may at any time after taking possession as aforesaid cause to be mailed to the person claiming or appearing upon the books of the bank to be the owner of such property, or to the person in whose name the safe, vault, or box stands, a written notice in a securely closed postpaid, registered letter, directed to such person at his post office address as recorded upon the books of the bank, notifying such person to remove, within a period fixed by said notice and not less than sixty days from the date thereof, all such personal property; and upon the date fixed by said notice, the contract, if any, between such persons and the bank for the storage of such property, or for the use of said safe, vault or box, shall cease and determine, and the amount of unearned rent or charges, if any, paid by such person shall become debt of the bank to such person. If the property be not removed within the time fixed by the notice, the commissioner may make such disposition of said property as the supreme judicial court, upon application thereto, may direct; and thereupon the commissioner may cause any safe, vault or box to be opened in his presence, or in the presence of one of his special agents and a notary public not an officer or employee of the bank, or of the commissioner, and the contents thereof, if any, to be sealed up by such notary public in a package upon which the notary public shall distinctly mark the name and address of the person in whose name such safe, vault or box stands upon the books of the bank, and shall attach thereto a list and description of the property therein. The package so sealed and addressed, together with the list and description, may be kept by the commissioner in one of the general safes for boxes of the bank until delivered to the person whose name it bears, or may otherwise be disposed of as directed by the court” (GL 167, Sec. 32).
Credit Unions: A similar procedure for opening a safe deposit box by a credit union by a Notary not in the general employ of the credit union is outlined in GL 171, Sec. 75).

Protests

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. 3-1505[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. 3-1505[b]).

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STANDARDS OF PRACTICE

Personal Appearance

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 (GL 222, Sec. 16[a][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” (GL 222, Sec. 28[a]).

Identification

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 Evidence: “‘Satisfactory evidence of identity’ … [means] identification of an individual based on: “(i) 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; 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).
4. 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 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]).

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.

Awareness or Competence

“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

“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

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.

Acknowledgment by Individual (GL 183, Sec. 42[13])

Commonwealth of Massachusetts
County of _____________

On this __________ day of__________ 19__, before me personally appeared A B (or A B and C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed.