Massachusetts Abbr: MA 6 th State Statehood February 6, 1788 Eligibility: All applicants must meet all of the requirements listed below: Be 18 years of age or older Reside legally or conduct business on a regular basis within the state of Massachusetts Not have been convicted of a felony or misdemeanor that resulted in a prison sentence Not have been convicted of a misdemeanor for the offense of drunk driving Not have had a commission or professional license revoked, suspended, restricted, or denied by any state Not have been guilty of any crime Not have had a finding or admission of liability against the applicant in a civil lawsuit based on the applicant s deceit Qualifications: In order to receive a notary public commission, a person must: Meet the eligibility requirements Properly complete and submit a notary application form to the Secretary of State. Click here to download the application form-- www.sec.state.ma.us/pre/prenot/notidx.htm After approval, receive a notification from the Secretary of State with instructions to be sworn in and pay the required filing fees of $60. Non-Residents: Non-resident applicants must be employed or conduct business on a regular basis within the State of Massachusetts. Bond: None Required. Errors & Omissions Insurance: Optional. The American Association of Notaries recommends that Massachusetts notaries insure themselves against claims of negligence through Errors and Omission insurance. 1
Filing Fee A $60 filing fee is required for new and renewal notary applications. Term: 7 years Jurisdiction: Statewide Appointment: Governor Notary Public Office State House, Room 184 Boston, MA 02133 (617) 725-4016 www.sec.state.ma.us/pre/prenot/notidx.htm Renewal: Five weeks before the commission expires, the notary will receive a renewal notice from the Division of Public Records in the Office of the Secretary of State. The application must be completed and returned to the Secretary of State, who will submit the application to the Governor for reappointment, with the advice and consent of the Council. Once reappointed, the notary must take the oath of office within 90 days in order for the commission to be valid. Education/Testing: None Required. Notary Seal: Required. Type embosser or rubber-inked stamp Ink color--black Required elements--notary s name; the words Notary Public, Commonwealth of Massachusetts, or Massachusetts ; my commission expires on or my commission expires or commission expires (all of which indicate the commission expiration date); and a facsimile of the great seal of the Commonwealth of Massachusetts. The notary seal is the exclusive property of the notary and may not be used by any other person. 2
Record Book: Required. A notary public is required to keep only one active, permanently bound notary record book with sequentially numbered pages of all notarial acts performed. Legal staff including paralegals and secretaries who are providing notary services in the context of their employment are exempt from the journal-keeping requirement, although it is recommended as the best practice. Notary Fees: Most notary fees are not set by state law. Fees charged for notarial services cannot be unreasonable or unfair. Acknowledgments No fees set by law Oaths or affirmations No fees set by law Jurats No fees set by law Copy certifications No fees set by law Authority: A Massachusetts notary has the authority to: Take acknowledgments Take oaths and affirmations Perform jurats Witness signatures Certify copies Issue summonses for witnesses; Issue subpoenas Witness the opening of a bank safe, vault, or box Change of Address: A notary must notify the Secretary of State within 10 days after the change of his or her residence, business, or mailing address. The notary shall send a signed notice of the change, giving both the old and new information. Name Change: A notary must notify the Secretary of State within 10 days after the change of his or her name. The notary shall send a signed notice of the name change, giving both the old and new name. 3
Death/Resignation/Removal: When a notary public resigns, or when his or her commission expires or is revoked, the notary must destroy or deface all notary seals so that the seals may not be used. A notary public must also retain the notarial journal and records for 7 years after the date of expiration, resignation, or revocation. Prohibited Acts: A notary public may not: Prepare, draft, select, or give legal advice concerning legal documents, or otherwise engage in the practice of law 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 Notarize a document without the signer being in the notary s presence Use the phrase notario or notario publico or any equivalent in any business card, advertisement, notice, or sign Conduct real estate closings or act as a real estate agent Overcharge fees for notary services Notarize a photocopied or faxed signature Notarize a document if the signer cannot be identified through satisfactory evidence Notarize a document for a signer with a demeanor that causes the notary to have compelling doubt about whether the signer knows the consequences of the document Notarize the signature of a signer that is not acting of his or her own free will Notarize a document in which he or she has a direct financial or beneficial interest Notarize the signature of an immediate family member Refuse to provide notary services based on race, age, gender, sexual orientation, religion, national origin, health, disability, or non-customer/non-client status Influence a person either to enter into or avoid a transaction regarding a notarial act performed by the notary 4
Execute a certificate containing information known or believed by the notary to be false Affix an official signature or seal on a notarial certificate that is incomplete Provide or send a signed or sealed notarial certificate to another person that will be completed or attached to a document outside the presence of the notary Notarize a signature on a blank or incomplete document Perform any official act with the intent to deceive or defraud Perform a notarial act that is prohibited by Executive Order or other applicable law Certify copies of documents recordable in the public records Criminal Offense: Notaries public who commit official misconduct may be subject to criminal liability, which may include the revocation of their notary public commissions. Revised: October 2009 5