NOTARY ADMINISTRATION

Transcription

1 Last updated January 4, 2017 NOTARY ADMINISTRATION 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 A. Office of Secretary of Commonwealth Public Records Division Commissions Section McCormack Building, Room 1719 One Ashburton Place Boston, MA Website: B. Office of the Governor Notary Public Office, Rm. 184 Mail notarial questions with SASE. Legal Counsel, Rm. 271 State House Boston, MA Phone notarial questions at Website: Notary Rules GL Massachusetts General Laws Notary rules are in the Massachusetts General Laws: a. Chapter 222, Justices of the Peace, Notaries Public and Commissioners ; b. Chapter 183, Alienation of Land. NOTARY SEAL A Massachusetts Notary Public must keep an official notarial seal or stamp (GL 222 Sec. 8[b]). Notaries must have and use a stamp or seal (Governor s website, Notary Public Frequently Asked Questions ). Kind Black-Inked Stamp or Embosser: It can be either a black ink stamp, or a seal that makes indentations on the paper (Governor s website, Notary Public Frequently Asked Questions ). If a notarial seal that requires ink is employed, black ink shall be used (GL 222 Sec. 8[b]).

2 Shape/Size Not specified by law. 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. Commission Expiration Date Stamp: If you are a current notary and have a seal that has all of this information (above) except for the expiration date, you may obtain a black ink stamp that has your name and the expiration date. You would then use both the stamp and the seal each time you notarize a document (Governor s website, Notary Public Frequently Asked Questions ). Seal Use by Another A notary shall keep an official notarial seal or stamp that shall be the exclusive property of the notary. A notary public shall not permit another to use such notarial seal or stamp (GL 222 Sec. 8[b]). 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]). Seals may be purchased from stationers and tool-and-die makers. The Commonwealth of Massachusetts does not offer notarial seals nor does the Secretary of State endorse any specific vendor (Governor s website, Notary Public Frequently Asked Questions ). 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): 1. Name of commissioner; 2. Commissioner for Massachusetts ; 3. Name of state, territory, district or dependency, and town or county where residing. 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.

3 Destruction or Defacement of Seal If a notary public s commission expires, is resigned, or is 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... (GL 222 Sec. 24). Smeared Seal What if I smear my seal on the document? If there is room, affix a second impression nearby. It is not necessary to cross out the original seal impression or write an explanation on the document; the reason for the second impression will be obvious. If there is no room for a second impression, attach a separate certificate with the same wording, signature and a clear seal impression. Line through the original notarial wording and draw a line specifically through your seal and signature. Near that old certificate wording, write See Attached Certificate (Governor s website, Notary Public Frequently Asked Questions ). Examples The above typical, actual-size examples of Notary seals are allowed by Massachusetts law. Formats other than these may also be acceptable.

4 NOTARY POWERS Massachusetts Notaries are authorized to perform the following notarial acts (GL 222 Sec. 15[a]): Take acknowledgments 1 ; Administer oaths 2 and affirmations 3 ; Execute jurats 4 ; Witness signatures 5 ; Certify copies 6 ; Issue summonses for witnesses pursuant to GL 233 Sec. 1; Witness opening of bank safe, vault or box as set forth in GL 167 Sec Acknowledgments: 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). Documents requiring acknowledgments do not need to be signed in the notary s presence. However, the signer must appear before the notary at the time of notarization to acknowledge that he or she freely signed for the purposes stated in the document (Governor s website, Notary Public Frequently Asked Questions ). 2 Oaths: 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). 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? 3 Affirmations: 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). 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? 4 Jurats: 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). 5 Signature Witnessings: 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

5 through satisfactory evidence of identity and presents a document and signs the document in the presence of the notary public (GL 222 Sec. 1). 6 Copy Certifications: 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). A Notary may certify a copy of a passport or driver s license (Governor s website, Notary Public Frequently Asked Questions ). A notary should not certify a copy of a birth or death certificate since cities and towns have their own procedures for certifying birth and death certificates. Refer the person instead to the state Bureau of Vital Statistics or county clerk s office in the county where the birth occurred. For foreign birth certificates, refer the person to the consulate of the country of origin (Governor s website, Notary Public Frequently Asked Questions ). Can I certify a copy of a passport or a driver s license? Yes (Governor s website, Notary Public Frequently Asked Questions ). Proofs of Execution In Massachusetts, proofs by at least one subscribing witness may only be taken by a judge, clerk or register of any court of record (GL 183, Secs. 34 and 40), in cases where the grantor has died or moved from the state but not by Notaries. There are also proof procedures for when the subscribing witness(es) are dead or out of the state (Sec. 35) or when the grantor refuses to acknowledge (Sec. 36). Identifying Signers 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). 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). 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). 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). The word of a credible identifying witness is satisfactory evidence of identity and equivalent to personal knowledge. A credible identifying witness, often called simply a credible witness, is like a human ID card that identifies the document signer... By definition, a credible identifying witness is a

6 believable person. Credible identifying witnesses should be honest, competent and impartial to the matter at hand. This means that the credible identifying witness should neither have a financial interest in a notarized document nor be named in it (Governor s website, Notary Public Frequently Asked Questions ). 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). Customer-Only Policy: May I limit my notarial services to customers? To people I know personally? To business associates? No. As public officials, notaries must serve anyone who makes a lawful (and) reasonable request for notarization (Governor s website, Notary Public Frequently Asked Questions ). Notaries public cannot decline to notarize a document solely because a person is not conducting business at the notary public s employer. For example, if the notary public works in a bank, the notary public cannot decline to notarize a document because a person is not a client of that bank (Governor s website, Find a Notary Public ). Foreign-Language Documents There is no law which says you may not notarize a document written in a foreign language. However, there are numerous potential problems including the fact that the term notary public, when translated into other languages, can refer to a markedly different office, imbued with far greater authority than in the United States... A notary who has questions about a document written in a foreign language is encouraged to find another notary who understands the document (perhaps at a Consulate) (Governor s website, Notary Public Frequently Asked Questions ). Undated Documents May I notarize an undated document? If there is a space for a date, or any other blank, it should be filled in with the correct date or lined through by the document signer. If the document simply doesn t have a date, it is acceptable to notarize it and record in your journal that the document has no date (Governor s website, Notary Public Frequently Asked Questions ). Conformed Copies When carbon copies (of a notarized document) are made, the notary will sometimes be asked to conform rather than to notarize the copies. To conform a copy, the notary must reaffix the official seal on the copy (carbon will not readily transfer a seal impression) and write Conformed Copy prominently across the copy (Governor s website, Notary Public Frequently Asked Questions ). Documents with Blank Spaces Can I notarize a document with blank spaces? A prudent notary should skim the document for blanks and ask the document signer to fill them in. If they are intended to be left blank, then the signer

7 can line through them or write N/A (Governor s website, Notary Public Frequently Asked Questions ). 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]). Advertising A notary public who is not an attorney who advertises notarial services in a language other than English shall include in the advertisement, notice, letterhead or sign the following statement prominently displayed in the same language: I am not an attorney and I have no authority to give advice on immigration or other legal matters (GL 222 Sec. 21). NOTARY DON TS A Massachusetts Notary may: 1. NOT act unless the principal is in the Notary s presence at the time of the notarization (GL 222 Sec. 16[a][i]); 2. NOT act unless the principal is identified by the Notary through satisfactory evidence of identity (GL 222 Sec. 16[a][ii]); 3. NOT 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]); 4. NOT proceed if, in the Notary s judgment, the principal is not acting of his or her own free will (GL 222 Sec. 16[a][iv]);

8 5. NOT execute a certificate containing information the Notary knows or believes to be false (GL 222 Sec. 16[d]); 6. NOT notarize a signature on a blank or incomplete document (GL 222 Sec. 16[g]); 7. NOT affix an official signature or seal on a notarial certificate that is incomplete (GL 222 Sec. 16[e]); 8. NOT perform a notarial act with the intent to deceive or defraud (GL 222 Sec. 16[h]); 9. NOT record a social security or credit card number in the Notary s journal (GL 222 Sec. 22[d]). Disqualifying Interests 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]). Fax Signature A photocopy or fax may be notarized, but only if it bears an original signature. That is, the copy must have been signed with an ink pen. A photocopied or faxed signature may never be notarized because the principal is not in the presence of the notary (Governor s website, Notary Public Frequently Asked Questions ). Unattached Notarial Certificates 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 presence; provided, however, that in 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]). Improper Advertising Misrepresentation: A notary public shall not claim to have powers, qualifications, rights, or privileges that the office of notary public does not provide, including the power to counsel on immigration matters (GL Sec. 16[j]).

9 Non-English Language Ads: A non-attorney notary public who advertises notarial services in a language other than English shall include in the advertisement, notice, letterhead, or sign the following, prominently displayed in the same language the statement: I am not an attorney and have no authority to give advice on immigration or other legal matters (GL 222 Sec. 21). Use of Notario: A notary public shall not use the term notario or notario publico or any equivalent non-english term in any business card, advertisement, notice, or sign (GL 222 Sec. 16[i]). Unauthorized Practice of Law A notary public who is not an attorney shall not engage in the practice of law. This subsection 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]). A notary public shall not advise clients, offer legal advice or represent or advertise the notary public as a lega1 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]). 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]). Real Estate Closing: 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]). 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

10 (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]). 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 [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]). 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). 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 ). NOTARY SIGNING AGENTS 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]).

11 Conducting a real estate closing involves the practice of law in Massachusetts. Thus, non-attorney notaries public may not conduct real estate closings. A non-attorney notary public may, however, notarize a document that is later used in a real estate closing (Governor s website, Notary Public Frequently Asked Questions ). NOTARY FEES In Massachusetts, there is no statutory fee schedule for acknowledgments, oaths, and affirmations but there is for protests (see Protests below). A pamphlet formerly issued by the Secretary of the Commonwealth, Guidelines for the Notary Public, provided this caution: As a notary, you are a public servant and should be available to perform a public service at a reasonable cost. Excessive charges could result in complaints to the Governor s Council. Attorney-Notary Fees May an attorney charge for his or her legal work drafting a document that he or she also notarizes? Yes. Notaries can charge no more than the statutory amount set forth in General Laws chapter 262, section 41 for performing a notarial act. However, an attorney or other professional may still charge a separate fee for document preparation or other professional services that are provided in conjunction with a document that is being notarized (Governor s website, Notary Public Frequently Asked Questions ). Multiple Copies I have been given duplicate copies of a document, each to be notarized as an original. What fees do I charge? You may charge for each original signature that you notarize, even if they are on identical documents (Governor s website, Notary Public Frequently Asked Questions ). Unauthorized Fees Notwithstanding section 41 of chapter 262, no fee shall be charged by a notary public to notarize a signature on an absentee ballot identification envelope or other voting materials or on any application or claim by a United States military veteran for a pension, allotment, allowance, compensation, insurance or other veterans benefit (GL 222 Sec. 23). NOTARY CERTIFICATES Massachusetts has adopted acknowledgment certificates from the Uniform Acknowledgments Act of 1892 (GL 183, Sec. 42): 1. Acknowledgment by individual; 2. Acknowledgment by attorney in fact; 3. Acknowledgment by corporation or joint-stock association. For the text of these three certificates, see Uniform Acknowledgments Act (1892), Section 1, in Appendix 6. The Notary s commission expiration date and printed or typed name should be added to each of these certificates (GL 222, Sec. 8 and 8[A]). If other forms are not prescribed see When Other Forms May Be Used, below certificates in substantially the following form (GL 222 Sec. 15) must be used by the Notary to complete the following four respective notarial acts:

12 Acknowledgment (GL 222 Sec. 15[b]) Commonwealth of Massachusetts County of On this day of, 20, before me, the undersigned Notary Public, (name of document signer) personally appeared, proved to me through satisfactory evidence of identification, which were (description of satisfactory evidence relied on), to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose(.) (as partner for, a partnership.) (as for, a corporation or other entity.) (as attorney in fact for, the principal.) (as for, (a) (the).) (Official Signature and Seal of Notary) (Printed or Typed Name of Notary) My commission expires Jurat (GL 222 Sec. 15[c]) Commonwealth of Massachusetts County of On this day of, 20, before me, the undersigned Notary Public, (name of document signer) personally appeared, proved to me through satisfactory evidence of identification, which were (description of satisfactory evidence relied on), to be the person who signed the preceding or attached document in my presence and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his/her knowledge and belief. (Official Signature and Seal of Notary) (Printed or Typed Name of Notary) My commission expires Signature Witnessing (GL 222 Sec 15[d]) Commonwealth of Massachusetts County of On this day of, 20, before me, the undersigned Notary Public, (name of document signer) personally appeared, proved to me through satisfactory

13 evidence of identification, which were (description of satisfactory evidence relied on), to be the person whose name was signed on the preceding or attached document in my presence. (Official Signature and Seal of Notary) (Printed or Typed Name of Notary) My commission expires Certified Copy (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 This section shall not require a notary public to use the forms set forth in this section if another form of an acknowledgment, jurat, signature witnessing, or copy certification is required or allowed by the provisions of any court rule or court form or is required by any general or special law including, but not limited to, section 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: 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 this section if the form of acknowledgment, jurat, signature witnessing, or copy certification appears on a printed form that contains an express prohibition against altering that form (EO Sec. 5[l]). Color of Ink May I complete certificate wording in blue ink or do I have to use black? The notary should use a dark colored ink such as blue or black. Rarely, some receiving agencies may require the certificate to be filled out in a particular color. If so, the notary should comply (Governor s website, Notary Public Frequently Asked Questions ).

14 Deficient Certificate 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 section 15 or otherwise to comply with the requirements set forth in 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 [b]). Incorrect Venue: The document should not be notarized if the notary is not allowed to correct the (certificate) wording Because the document is supposed to indicate where the notarization was performed, if the venue has already been completed incorrectly, it may be corrected by lining through the error, making the correction, and initialing the change (Governor s website, Notary Public Frequently Asked Questions ). Correcting Certificates Only the document signer has authority to make any changes on the document; likewise, only a notary can correct the certificate. When you are correcting a notarial certificate, simply put a line through the mistake with ink, write the correction above or beside it, and initial and date the correction (Governor s website, Notary Public Frequently Asked Questions ). ELECTRONIC NOTARIZATIONS The Commonwealth of Massachusetts has not yet adopted statutes or regulations expressly establishing rules, definitions and procedures for electronic notarization. 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 (Sec. 11). NOTARY RECORDS A notary 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 (GL 222 Sec. 22[a]). A journal that has entries that are sequentially numbered will satisfy this requirement as well. The purpose of requiring a bound book is to prevent pages from being removed or altered. The book might be a special notary journal or a plain, bound book with

15 sequentially numbered pages from a stationery store (Governor s website, Notary Public Frequently Asked Questions ). One Active Journal A notary public shall keep no more than one active journal at the same time (GL 222 Sec. 22[b]). 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 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 (GL 222, Sec. 12). 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[b]): (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. 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]). SSN or Credit Card Number: A notary public shall not record a social security or credit card number in the journal (GL Sec. 22[d]). Multiple Documents: Massachusetts law specifically states that you may record as a single journal entry a transaction or proceeding that involves multiple documents signed by the same principal in the course of that transaction occurring on the same day. For example, if you notarize multiple documents at a corporate closing, you may include a single entry that describes the proceeding ABC and XYZ

16 merger followed by the other information that is required (Governor s website, Notary Public Frequently Asked Questions ). Inspection by Law Enforcement Except as provided in subsection (f), a journal may be examined without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order or surrendered at the direction of the state secretary. Nothing in this section shall prevent a notary public from seeking appropriate judicial protective orders (GL 222 Sec. 22[g]). Copy of Journal Entry I received a call requesting a photocopy of my journal entry. Should I comply? Yes, you should comply if the following procedure is met. A person who wants to inspect or copy an entry in your journal must (1) demonstrate his or her identity through satisfactory evidence, (2) affix a signature in the journal in a separate, dated entry, and (3) specify the month, year, type of document, and name of the person for the notarial act or acts sought. The person may be shown only the entry or entries specified. However, if you have a reasonable and explainable belief that a person bears a criminal or harmful intent in requesting the information, you may refuse to provide access to any entry and be able to substantiate your belief (Governor s website, Notary Public Frequently Asked Questions ). Safeguarding Journal A notary public shall maintain safeguard the journal and all other notarial records and surrender or destroy such records only as directed by law, court order or regulation or at the direction of the state secretary (GL 222 Sec. 22[h]). If not in use, a journal shall be kept in a secure area under the exclusive control of the notary public and shall not be used by any other notary public nor surrendered to an employer upon termination of employment (GL 222 Sec. 22[i]). Disposition of Journal When a notary commission expires, is resigned, or is revoked, the notary shall... retain the notarial journal and records for seven years after the date of expiration, resignation, or revocation (EO Sec. 13[b]). 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. 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. Fees: $6 per signature certified for issuing any certificate of appointment or apostille, payable to Commonwealth of Massachusetts.

17 Address: Secretary of Commonwealth Public Records Division Commissions Section One Ashburton Place, Room 1719 Boston, MA Telephone: Procedure: Mail or present in person the original notarized document, along with the appropriate fee. Photocopied signatures cannot be certified. Indicate the country of destination and include 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, Spanish, Russian, Italian and Chinese. 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 Telephone: WESTERN DISTRICT OFFICE: Secretary of the Commonwealth 436 Dwight St., Room 102 Springfield, MA Telephone: COMMISSIONING AND ADMINISTRATION 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. Applying for Commission Qualifications: An applicant for a commission as a Massachusetts Notary Public must (EO Sec. 3[a]): (a) be at least 18 years old and (b) reside legally or conduct business on a regular basis within

18 Massachusetts. 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. Application: An up-to-date resume and, if available, a business card may be stapled to the fourpage 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 included 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) Renewal applications are automatically sent out to every Notary about four weeks before commission expiration. 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: A person residing outside of the Commonwealth of Massachusetts may apply for a notary commission if they work or do business in Massachusetts. However, notarial services must be conducted only within the borders of Massachusetts (Governor s website, Notary Public Frequently Asked Questions ). 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 can answer questions about name and address changes, and provide up-to-date contact information for any Notary. While moving out of Massachusetts does not automatically void a notary public commission, notaries should be aware that they may notarize documents only within the boundaries of the Commonwealth. A notary commission is renewable for a person who has moved outside the state if he continues to work or conduct business in the Commonwealth (Governor s website, Notary Public Frequently Asked Questions ). A Notary with a name change may continue to notarize with the former name until commission expiration. However, if you intend to notarize using your new name, while in the term that began under a previous name, you must register the new name with the Secretary of State, using a re-registration form which can be obtained from the Division of Public Records ( ). Do not notarize any document in your new name until the re-registration certificate is issued to you. If you have notarized documents under your new name prior to receiving this certificate, these notarial acts must be validated by the Secretary of State (Governor s website, Notary Public Frequently Asked Questions ). A form to register a change of address or name may be obtained online at Resignation: When a notary resigns or his or her commission expires or is revoked, the notary shall: (a) as soon as reasonably practicable, destroy or deface all notary seals and stamps so that they may not be used; and (b) retain the notarial journal and records for seven years after the date of expiration, resignation, or revocation (Governor s website, Notary Public Frequently Asked Questions ).