Massachusetts Notary Law, Appointment, and Commission Rules
This domain covers how a Massachusetts commission is obtained, how long it lasts, and what ends it. Expect questions on term length, the appointing authority, residency, bonds, and the consequences of acting after a commission lapses.
Appointment
- An applicant must be at least 18, a Massachusetts resident, and able to read and write English.
- Apply through the Secretary of the Commonwealth; the Governor appoints with the advice and consent of the Governor's Council.
- The application fee is $60, payable to the Commonwealth of Massachusetts.
- Massachusetts requires no surety bond and no errors-and-omissions insurance.
- Follow the appointment packet exactly on any oath and filing steps; do not perform any act until the commission is in hand.
Term, renewal, and changes
- A commission runs seven years.
- Renew before expiration. An expired commission is not revived retroactively, and acts performed after expiration are invalid.
- Report a change of name or address to the Secretary. A legal name change generally requires a new commission.
- The Governor may remove a notary for misconduct.
Worked example
A notary's commission expires June 30. On July 2 a client brings a closing document and asks her to 'put June 29' on the certificate. Backdating is a false certificate, exposes her to removal and criminal liability, and would invalidate the act. The correct answer: she may not notarize until the new commission issues.
Traps
- Confusing the seven-year term with shorter terms used in other states.
- Believing the commission is limited to one county.
- Buying a bond because another state requires one.
- Continuing to use an old name or an expired expiration date on a stamp.