Massachusetts Notary cheat sheet

A notary's core duty is to verify identity, screen for willingness and awareness, and administer the oath or acknowledgment without bias; a notary may not notarize for a person who lacks understanding of the act.

Massachusetts notaries may not notarize their own signature, a document in which they have a direct beneficial interest, or an act where they are a named party; a notary who is a witness cannot also serve as the notary for the same instrument.

A notary must not perform a notarial act on a record that is blank, incomplete, or missing the signer's signature; the signer must appear before the notary and, for a jurat, sign in the notary's presence.

A notary must refuse an act when identity cannot be established by satisfactory evidence, when the signer appears coerced or confused, or when the requested certificate would misrepresent the act performed.

Massachusetts notaries have no authority to certify copies of public records or vital records, to give legal advice, to prepare legal documents, or to determine the legal effect of a document.

The notary must administer the oath or affirmation aloud for a jurat; silently signing a jurat certificate without speaking the oath is a defect in the notarial act.

A notary may charge a fee for notarial services but must not make the notarial act contingent on any other transaction, and must not use the commission to sell goods or services unrelated to the act.

A notarial officer who performs an act outside the scope of the commission, or who negligently certifies an act not properly performed, may be liable for damages and subject to commission revocation by the Governor.

An acknowledgment certifies that the signer appeared, was identified, and acknowledged executing the record voluntarily; the signer need not sign in the notary's presence and need not take an oath.

A jurat (verification on oath or affirmation) certifies that the signer appeared, was identified, signed the record in the notary's presence, and swore or affirmed the contents were true.

A signature witnessing act certifies only that the signer appeared, was identified, and signed in the notary's presence; it includes no oath and no acknowledgment of truthfulness.

A copy certification is not authorized for public records in Massachusetts; a notary may certify a copy of an original document only where law permits and must state the copy certification wording clearly.

Certificate wording must identify the state and county of the act, name the signer, state the date of the act, and include the notary's signature, name as commissioned, and commission expiration date.

A notarial certificate must state the type of act performed (acknowledgment, jurat, signature witnessing, or copy certification) and must not be altered after the notary signs and seals it.

The notary seal or stamp must be legible and must contain the notary's name, the words 'Notary Public,' the Commonwealth of Massachusetts, and the commission expiration date.

If a document lacks a certificate, the notary may add a certificate in the correct form only if the notary knows which act is required; the notary must not choose the act on the signer's behalf without direction.

Satisfactory evidence of identity includes a current government-issued photo ID (driver's license, passport, state ID), a credible identifying witness known to the notary, or another method authorized by law.

Massachusetts law does not mandate a journal of notarial acts, but a notary who keeps one should record the date, time, type of act, signer's name and address, identification presented, and fee charged.

A journal entry should be made at or near the time of the act and should never be altered; corrections should be noted separately with a line through the original entry and an explanation.

The notary must retain the journal and any records for as long as the commission is active and should preserve them for a reasonable period after expiration or resignation, consistent with the Secretary of the Commonwealth's guidance.

Personal knowledge of the signer is not a substitute for satisfactory evidence unless the notary can confirm the signer's identity through a credible witness or accepted identification.

A credible identifying witness must personally know the signer and must appear before the notary; the notary should record the witness's name and address in the journal if one is kept.

The notary's seal and journal are public trust items; a notary must not allow another person to use the seal, and should report a lost or stolen seal to the Secretary of the Commonwealth promptly.

A notary should record the signer's signature in the journal when practical, but must not record sensitive information such as Social Security numbers or full account numbers.

Massachusetts notaries public are appointed by the Governor, and commissions are processed through the Secretary of the Commonwealth's office; applicants must be at least 18 and residents of the Commonwealth or otherwise eligible under law.

A commission is valid for seven years unless earlier revoked or resigned; the notary must stop performing notarial acts on the expiration date printed on the commission.

An applicant must submit a completed application, pay the required fee, and take the oath of office before the commission becomes effective; the oath may be administered by an official authorized to do so.

A notary must maintain a surety bond in the amount required by Massachusetts law, and the bond must be filed with the Secretary of the Commonwealth as part of the appointment process.

A notary who changes name or address must notify the Secretary of the Commonwealth and obtain an updated commission certificate and seal reflecting the change.

A notary may resign by written notice to the Secretary of the Commonwealth; resignation does not relieve the notary of liability for acts performed while commissioned.

Grounds for revocation include fraud, misrepresentation, performing notarial acts outside the scope of authority, conviction of certain crimes, and failure to maintain the required bond.

Massachusetts notaries may perform notarial acts anywhere in the Commonwealth, but the certificate should identify the county where the act is performed; notarial acts performed outside the state are governed by the law of the place of performance.