Massachusetts Notary flashcards

31 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notary's core duty

Verify identity, screen for willingness and awareness, and administer the oath or acknowledgment impartially; a notary may not act for a signer who does not understand the transaction.

Self-notarization prohibited

A Massachusetts notary may not notarize their own signature or any record in which the notary is a party or has a direct beneficial interest.

Refusing a notarial act

A notary must decline when identity is unproven, the signer appears coerced or confused, the record is incomplete, or the requested certificate would misstate the act.

No legal advice

Massachusetts notaries may not give legal advice, prepare legal documents, determine legal effect, or certify copies of public records and vital records.

Administering the oath

For a jurat, the notary must speak the oath or affirmation aloud to the signer; silently signing the certificate without administering the oath defects the act.

Fee independence rule

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

Liability for improper acts

A notary who acts outside the commission or negligently certifies an act not properly performed may face civil damages and revocation by the Governor.

Acknowledgment defined

Certifies that the signer appeared, was identified, and acknowledged voluntary execution of the record; the signer need not sign in the notary's presence and takes no oath.

Jurat defined

Certifies that the signer appeared, was identified, signed in the notary's presence, and swore or affirmed that the contents were true.

Signature witnessing defined

Certifies only that the signer appeared, was identified, and signed in the notary's presence; it includes neither an oath nor an acknowledgment of truthfulness.

Copy certification limits

Massachusetts notaries may not certify copies of public records or vital records; copy certification of other originals is permitted only where law allows and must state the act clearly.

Required certificate elements

The certificate must identify the state and county, name the signer, state the date and type of act, and include the notary's signature, commissioned name, and expiration date.

Seal content requirements

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

Adding a missing certificate

A notary may add a certificate in correct form only when the required act is known; the notary must not choose the act for the signer without direction.

Altering a certificate

Once the notary signs and seals a certificate, the certificate may not be altered; any correction requires a new certificate and a new notarial act.

Satisfactory evidence of identity

Accepted proof includes a current government-issued photo ID, a credible identifying witness known to the notary, or another method authorized by Massachusetts law.

Journal not mandated

Massachusetts law does not require a notarial journal, but a notary who keeps one should record date, act type, signer name and address, identification, and fee.

Journal entry timing

Entries should be made at or near the time of the act and never erased; corrections are shown by a single line through the original with a separate explanation.

Journal retention

A notary should keep the journal while commissioned and preserve it for a reasonable period after expiration or resignation, consistent with the Secretary of the Commonwealth's guidance.

Personal knowledge limits

Personal acquaintance with the signer is not satisfactory evidence unless the notary confirms identity through a credible witness or accepted identification document.

Credible identifying witness

The witness must personally know the signer and appear before the notary; the notary should record the witness's name and address if a journal is kept.

Lost or stolen seal

A notary must not let another person use the seal and should promptly report a lost or stolen seal to the Secretary of the Commonwealth.

Journal privacy

The journal may record the signer's signature when practical, but must not include sensitive data such as Social Security numbers or full financial account numbers.

Appointing authority

Massachusetts notaries public are appointed by the Governor, with commissions processed through the Secretary of the Commonwealth; applicants must be at least 18 and eligible.

Seven-year commission

A Massachusetts notary commission runs seven years unless revoked or resigned earlier; the notary must stop performing acts on the expiration date printed on the commission.

Oath before acting

An applicant must file the application, pay the fee, and take the oath of office before the commission takes effect; an authorized official administers the oath.

Surety bond requirement

A notary must maintain the surety bond amount required by Massachusetts law and file it with the Secretary of the Commonwealth as part of the appointment process.

Name or address change

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.

Resignation procedure

A notary resigns by written notice to the Secretary of the Commonwealth; resignation does not relieve liability for notarial acts performed while the commission was active.

Grounds for revocation

Revocation grounds include fraud, misrepresentation, acting outside notarial authority, conviction of certain crimes, and failure to maintain the required surety bond.

Place of performance

Massachusetts notaries may act anywhere in the Commonwealth, and the certificate should identify the county of performance; acts performed outside the state follow that state's law.