Massachusetts notaries work under one main law: Chapter 222 of the General Laws. It covers who can be a notary, which acts they may perform, what they must record and what they must never do. Chapter 222 has been rewritten twice in the last decade, so older guides are often out of date. This plain-English tour explains the current Massachusetts notary law and where it came from.
From Executive Order 455 to statute: a short history
For a long time, Massachusetts notary law was thin: a seven-year commission, a few scattered statutes and a very old fee schedule. In 2004, Governor Mitt Romney issued Executive Order 455, the first statewide standards of conduct for notaries. It introduced a definition of satisfactory evidence of identity, called for a bound journal and set fee rules.
An executive order binds appointees but is not a statute. In 2016 the Legislature moved those standards into law, and Governor Charlie Baker issued Executive Order 571, rescinding EO 455 effective January 4, 2017, because the new statute absorbed and expanded it. If you see a page citing EO 455 as current authority, treat it as outdated.
Chapter 289 of the Acts of 2016 (effective January 4, 2017)
Chapter 289 of the Acts of 2016 was approved on October 6, 2016 and took effect January 4, 2017. It rewrote Chapter 222 (and related parts of Chapter 183, on deeds) to put the executive order's standards into statute, covering eligibility, seven-year terms, notarial acts, the seal, the journal, limits on legal advice and penalties. Today's Chapter 222 includes:
- Eligibility and grounds for denial (§ 13) and the seven-year statewide term (§ 14);
- The list of notarial acts and statutory certificate forms (§ 15);
- Seal requirements (§ 8) and the journal requirement (§ 22);
- Prohibited acts and conflicts of interest (§ 16);
- Limits on non-attorney notaries (§ 17) and penalties (§ 18); and
- Duties such as the duty to notarize (§ 19) and records retention (§ 24).
Since that date, every Massachusetts notary must follow Chapter 222 as amended, and the notary application asks applicants to confirm they have read it.
The eight notarial acts a Massachusetts notary may perform
Section 15 lists eight acts:
- Acknowledgment: the signer confirms they signed voluntarily for the document's stated purpose. Used for deeds, powers of attorney and many legal forms.
- Oath or affirmation: a solemn promise of truthfulness, sworn or affirmed.
- Jurat: the signer signs in front of the notary and swears or affirms the contents are true. Used for affidavits.
- Signature witnessing: the notary confirms the signature was made in their presence, without an oath.
- Copy certification: the notary certifies a copy is true, exact, complete and unaltered.
- Witness summons issuance.
- Subpoena issuance.
- Witnessing the opening of a bank safe, vault or box.
Section 15 also provides certificate forms and rules for signature by mark and for a notary signing on behalf of a physically unable signer, each with two disinterested witnesses.
Prohibited acts and conflicts of interest
Under Section 16, a notary may not notarize when:
- The signer is not in the notary's presence (except as the chapter allows for remote acts);
- The signer cannot be identified by satisfactory evidence;
- The signer's demeanor raises a compelling doubt about understanding, or the signer is not acting freely;
- The notary is a party to or named in the document, with narrow exceptions;
- The notary has a financial interest in the subject matter, with an exception for attorney notaries and their staff on matters where the attorney earns a legal fee; or
- The signer is the notary's spouse, domestic partner, parent, guardian, child or sibling, including in-law, step and half relationships.
Notaries also may not notarize blank or incomplete documents, sign incomplete certificates, certify information they know is false, use the term "notario", or refuse service based on race, religion, national origin, disability or other protected characteristics, or because the person is not a customer.
Limits on non-attorney notaries
Section 17 applies to notaries who are not Massachusetts attorneys. They may not:
- Give legal advice or present themselves as legal consultants or specialists;
- Advise on immigration status, gather supporting documents for immigration forms or submit immigration forms for clients (and they must give a written "I am not an attorney" statement before any immigration-related service);
- Engage in the practice of law; or
- Conduct a real estate closing or act as closing agent, unless employed by the closing attorney or by the lender for its own loans.
Section 21 adds a not-an-attorney disclaimer requirement for non-attorney notaries who advertise in other languages. See our real estate guide for how § 17 plays out at closings.
Penalties and revocation
| Consequence | Source |
|---|---|
| Criminal fine up to $1,000 and/or up to 6 months for a first offense; up to $5,000 and/or up to 1 year for later offenses | § 18 |
| Civil penalty up to $5,000 per violation, plus investigation and litigation costs | § 18 |
| Private lawsuits for § 17 violations, with possible punitive damages, and treatment as an unfair or deceptive practice | § 18 |
| Fine of $100 to $500 for acting after the commission expires, with notice | § 9 |
| Revocation by the Governor, with the Governor's Council's consent, for official misconduct or good cause | § 26 |
The Attorney General and district attorneys enforce the chapter. The Secretary of the Commonwealth keeps commission records and, since 2023, can take administrative action against notaries registered for remote notarization in connection with the attorney-closing rules.
2023 amendments: electronic and remote notarization
Chapter 2 of the Acts of 2023 modernized the chapter. It added remote-notarization definitions to § 1, electronic seals to § 8, a disclosed technology services fee to § 16, electronic journals and new journal fields to § 22, and new §§ 27 to 29 on tamper-evident technology, remote notarization and personal data. It also added c. 221 § 46E on attorney-conducted residential closings.
The remote provisions are on the books, but Massachusetts notaries cannot yet perform remote online notarization: the Secretary of the Commonwealth says training and registration are not yet available. Our RON status guide tracks the latest.
Where to read the official text
- The full Chapter 222 index on the Legislature's website, with every section;
- The Secretary of the Commonwealth's notary pages for commissions, renewals and RON status; and
- The Trial Court Law Libraries' guide to Massachusetts notary law, which collects related statutes and cases.
Related guides: becoming a notary, journal requirements, seal rules and notary fees. Commissioned notaries can join the Boston Notary Co. directory.
FAQ
What is the main law governing Massachusetts notaries?
Chapter 222 of the Massachusetts General Laws, as rewritten by Chapter 289 of the Acts of 2016 and amended by Chapter 2 of the Acts of 2023.
Is Executive Order 455 still in effect?
No. Executive Order 571 rescinded it effective January 4, 2017, when the statutory rules took over.
How many notarial acts can a Massachusetts notary perform?
Eight: acknowledgments, oaths and affirmations, jurats, signature witnessings, copy certifications, witness summonses, subpoenas, and witnessing the opening of a bank safe, vault or box.
Can a Massachusetts notary notarize for a family member?
Generally no. Section 16 bars notarizing for a spouse, domestic partner, parent, guardian, child or sibling, including in-law, step and half relationships, with a narrow exception for attorney notaries and their staff in certain situations.
What are the penalties for violating Massachusetts notary law?
Criminal fines up to $1,000 and up to six months for a first offense, higher for repeat offenses, civil penalties up to $5,000 per violation, and possible revocation of the commission.
This guide from Boston Notary Co., a privately operated directory and not a government agency, is general information, not legal advice; confirm current law and procedures with the official sources linked above.