A Massachusetts Notary Public is a public officer appointed under state law to perform a range of official acts on behalf of the Commonwealth. Notaries serve as impartial witnesses, protect the integrity of legal documents, and carry out duties granted by statute and the Massachusetts Constitution.
Notaries are commissioned by the Governor with the advice and consent of the Executive Council. Under Article IV of the Amendments to the Constitution of the Commonwealth, a commissioned notary may perform notarial acts anywhere within Massachusetts for a seven‑year term, unless the commission is revoked or the notary resigns.
Chapter 222 of the Massachusetts General Laws sets the rules for Notaries Public in Massachusetts, outlining how notaries are appointed, the acts they may perform, and the standards they must abide by. It defines proper identification, recordkeeping, impartiality, and prohibited conduct—such as preparing documents unless being duly qualified and trained—ensuring all notarial acts in the Commonwealth are performed responsibly and in compliance with state law.
Notaries are commissioned by the Governor with the advice and consent of the Executive Council. Under Article IV of the Amendments to the Constitution of the Commonwealth, a commissioned notary may perform notarial acts anywhere within Massachusetts for a seven‑year term, unless the commission is revoked or the notary resigns.
Chapter 222 of the Massachusetts General Laws sets the rules for Notaries Public in Massachusetts, outlining how notaries are appointed, the acts they may perform, and the standards they must abide by. It defines proper identification, recordkeeping, impartiality, and prohibited conduct—such as preparing documents unless being duly qualified and trained—ensuring all notarial acts in the Commonwealth are performed responsibly and in compliance with state law.
OFFICIAL DUTIES OF A NOTARY PUBLIC
Issue Subpoenas Adjudicatory Proceedings |
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Issue Witness Summons |
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Perpetuate Testimony |
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Take Depositions |
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Administer Oaths / Affirmations |
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Jurats & Affidavits |
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Take Acknowledgments |
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Witness Signatures |
M.G.L. c. 222 § 15 |
Certify Copies |
M.G.L. c. 222 § 15 |
Witness/Open Bank Safe, Vault, or Box |
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Notice of Dishonor / Protests |
QUALIFYING OATHS OF OFFICE FOR MASSACHUSETTS NOTARIES PUBLIC
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Massachusetts law requires every newly appointed Notary Public to take the Qualifying Oaths of Office within three months of the date of appointment. These oaths must be taken before the notary performs any official notarial duties.
The Qualifying Oaths of Office affirm the notary’s commitment to uphold the Constitution of the United States, the Constitution of the Commonwealth of Massachusetts, and all laws governing notarial practice. Only after taking these oaths does an appointee become fully authorized to act in the capacity of a Massachusetts Notary Public. You may take the Oath of Office in person at the Secretary of the Commonwealth’s office, or you can choose to have it administered by two local Commissioners to Qualify Public Officers. These Commissioners are authorized to administer the oath throughout Massachusetts. Download the Commissioners Directory (PDF) to find a qualified official near you. Once the appointee takes the Qualifying Oaths of Office, they become a sworn public official of and for the Commonwealth of Massachusetts. At that point, they are authorized to exercise the full powers granted to Notaries Public under Massachusetts law. |
New notaries are strongly encouraged to study the relevant statutes and regulations governing notarial practice. All duties must be performed in strict compliance with Massachusetts notary laws. Failure to comply may result in revocation of the commission and could lead to civil or criminal penalties.
MASSACHUSETTS NOTARY PUBLIC COMMISSION CERTIFICATE
A Commission Certificate is the official document issued by the Commonwealth of Massachusetts confirming a notary public’s appointment and authority to act. This certificate, granted by the Governor with the advice and consent of the Executive Council, serves as formal proof that the notary has been duly commissioned for a seven‑year term and is empowered to perform notarial acts anywhere within the state. It includes the notary’s name, commission expiration date, and other identifying details, and it must be kept securely as part of the notary’s official records. For clients, the Commission Certificate is a visible assurance that the notary is legally authorized, properly vetted, and accountable under Massachusetts law.
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Personal Appearance and Identification
When notarizing a signature, the signer must personally appear before the notary and provide satisfactory evidence of identity. Acceptable identification may include government‑issued photo IDs or other forms permitted by law. If the notary personally knows the signer, formal identification is not required—personal knowledge is considered “satisfactory evidence” under Massachusetts law. Once the signer is properly identified, and the notary is satisfied that the document is being signed willingly and without coercion, the notary will complete the notarial certificate associated with the document. |
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Oath or Affirmation Before a Notary Public
When you take an oath or affirmation before a notary public, it carries the same legal weight as if it were made before a judge or clerk‑magistrate. Any individual who swears to or affirms information in the presence of a notary and is later found to have knowingly provided false information may be subject to perjury charges, a serious criminal offense.
A jurat is a notarial certificate completed by a notary public after administering an oath or affirmation. It confirms that the person appeared before him/her, provided satisfactory evidence of identification, and took an oath or affirmation under penalties of perjury that they are telling the truth.
When you take an oath or affirmation before a notary public, it carries the same legal weight as if it were made before a judge or clerk‑magistrate. Any individual who swears to or affirms information in the presence of a notary and is later found to have knowingly provided false information may be subject to perjury charges, a serious criminal offense.
A jurat is a notarial certificate completed by a notary public after administering an oath or affirmation. It confirms that the person appeared before him/her, provided satisfactory evidence of identification, and took an oath or affirmation under penalties of perjury that they are telling the truth.
Subpoena Authority - Issuance of Subpoenas and Witness Summonses
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Massachusetts Notaries Public hold a unique power: the authority to issue subpoenas and summonses. This authority is equivalent to that of a District Court judge for compelling witnesses to appear and testify.
Most notaries will never be asked to issue a subpoena or summons. These documents must be prepared and issued in strict accordance with court and agency rules, and any deviation can result in the subpoena or summons being rejected or invalidated. For that reason, this task is best handled by legal professionals who understand the procedural requirements. |
We are authorized to draft, issue, and serve subpoenas in matters pending before any Massachusetts court or government agency. Our notaries public who are also degreed paralegals bring the training and practical experience required to prepare subpoenas accurately, professionally, and in full compliance with all applicable rules.
This service is performed in accordance with M.G.L. c. 222 § 17, which requires that a notary public be duly qualified, trained, or experienced in a professional field before selecting, drafting, or completing documents related to that field. Because our notaries are also paralegals, or other legal support professionals, they fully meet—and consistently exceed—this statutory standard.
This authority makes Massachusetts notaries valuable resources for attorneys, businesses, and individuals who need legally enforceable testimony or document production.
This service is performed in accordance with M.G.L. c. 222 § 17, which requires that a notary public be duly qualified, trained, or experienced in a professional field before selecting, drafting, or completing documents related to that field. Because our notaries are also paralegals, or other legal support professionals, they fully meet—and consistently exceed—this statutory standard.
This authority makes Massachusetts notaries valuable resources for attorneys, businesses, and individuals who need legally enforceable testimony or document production.
Depositions - Authority to Take Testimony
A deposition is a formal legal proceeding in which a witness provides sworn testimony outside of the courtroom. Depositions are used to gather evidence, preserve a witness’s statements, and prepare for trial. The testimony is taken under oath, recorded, and may be used later in court. During a deposition, the witness (called the deponent) must answer questions truthfully, just as they would before a judge. The purpose is to establish facts, clarify details, and document information relevant to a legal case. Under the Massachusetts Rules of Civil Procedure, a Notary Public is empowered to take depositions.
Pursuant to state law, a commissioned notary public has specific statutory powers related to depositions:
A deposition is a formal legal proceeding in which a witness provides sworn testimony outside of the courtroom. Depositions are used to gather evidence, preserve a witness’s statements, and prepare for trial. The testimony is taken under oath, recorded, and may be used later in court. During a deposition, the witness (called the deponent) must answer questions truthfully, just as they would before a judge. The purpose is to establish facts, clarify details, and document information relevant to a legal case. Under the Massachusetts Rules of Civil Procedure, a Notary Public is empowered to take depositions.
Pursuant to state law, a commissioned notary public has specific statutory powers related to depositions:
- Issuing Deposition Subpoenas and/or Notice of Deposition: A Massachusetts notary public is authorized to issue subpoenas requiring a witness to appear before the notary and give testimony at a deposition.
- Hearing Testimony: A notary public may also administer oaths (or affirmations) and take sworn testimony during a deposition. When a witness testifies before a notary, the statements carry the same legal weight as if they were made in court.
- Lying While Under Oath: Any person who gives false testimony during a deposition—after being sworn in by a notary public—is subject to perjury charges, a serious criminal offense under Massachusetts law. Providing false information under oath can result in fines, criminal prosecution, and other legal consequences.
Perpetuate Testimony - M.G.L. c. 233 § 46
Perpetuating testimony is a formal legal procedure under Massachusetts law used to preserve a witness's sworn testimony for future legal proceedings. Perpetuating testimony is important because it preserves crucial evidence before it can be lost, ensuring that a witness’s sworn statements remain available for a future legal proceeding even if the witness later becomes unavailable due to age, illness, relocation, or other circumstances. It is not dependent on a court case already being filed—in fact, the whole purpose of M.G.L. c. 233 § 46 is to allow testimony to be taken when no case is yet pending, but there is a reasonable expectation that one will be brought. This process protects the integrity of future litigation by securing reliable, sworn evidence early, preventing disputes from collapsing simply because a key witness cannot testify later.
Perpetuating testimony is a formal legal procedure under Massachusetts law used to preserve a witness's sworn testimony for future legal proceedings. Perpetuating testimony is important because it preserves crucial evidence before it can be lost, ensuring that a witness’s sworn statements remain available for a future legal proceeding even if the witness later becomes unavailable due to age, illness, relocation, or other circumstances. It is not dependent on a court case already being filed—in fact, the whole purpose of M.G.L. c. 233 § 46 is to allow testimony to be taken when no case is yet pending, but there is a reasonable expectation that one will be brought. This process protects the integrity of future litigation by securing reliable, sworn evidence early, preventing disputes from collapsing simply because a key witness cannot testify later.
Summary of Steps to Perpetuate Testimony in Accordance with M.G.L. c. 233 § 46
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1.) Prepare a written application
The person seeking to preserve testimony must submit a written application requesting that a deposition be taken to perpetuate testimony. 2.) Apply to the correct officials The application must be made to two officials, specifically:
3.) State the required information in the application The application must briefly and substantially include:
4.) Request the taking of the deposition The applicant must explicitly request that the officials take the deposition of the applicant or the witness whose testimony is to be preserved. |
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Notarial Acts for Use in Other States and Countries
A Massachusetts Notary Public is authorized to notarize documents for use both within the United States and abroad. Under the Supremacy Clause of the U.S. Constitution, every state must recognize the official acts of a duly commissioned notary public. When a notarized document is being sent outside the United States, the receiving country may require additional proof of the notary’s authority. This verification comes in two forms, depending on the destination country: |
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Hague Convention countries: If the country is a member of the Hague Apostille Convention, the required proof is a Massachusetts Apostille, issued by the Secretary of the Commonwealth. An apostille certifies the notary’s commission and signature for international use.
Non-Hague Convention countries: For countries not part of the Hague Convention, an apostille is not accepted. Instead, the document must go through a different certification process, which typically includes:
Non-Hague Convention countries: For countries not part of the Hague Convention, an apostille is not accepted. Instead, the document must go through a different certification process, which typically includes:
- Massachusetts Certification of Notary Public, and
- Authentication by the U.S. Department of State,
- Followed by legalization at the destination country's embassy or consulate.
MASSACHUSETTS NOTARIAL CERTIFICATES
☑ ACKNOWLEDGMENT CERTIFICATE
An Acknowledgment is a notarial act in which a notary public formally verifies that:
Under Massachusetts law, the notary’s role is to ensure the signer understands the document, is signing willingly, and is properly identified—not to validate the document’s substance.
An Acknowledgment is a notarial act in which a notary public formally verifies that:
- The signer personally appeared before the notary
- The signer was identified through satisfactory evidence of identity
- The signer acknowledged that the signature on the document is their free and voluntary act
Under Massachusetts law, the notary’s role is to ensure the signer understands the document, is signing willingly, and is properly identified—not to validate the document’s substance.
☑ JURAT CERTIFICATE
A jurat is an official notarial certificate attached to a document in which the signer swears or affirms that the contents of the document are true. It is used for affidavits, sworn statements, and any document requiring a formal oath.
A jurat always includes three essential elements:
- The signer personally appears before the notary
- The signer takes an oath or affirmation administered by the notary
- The signer signs the document in the notary’s presence
☑ SIGNATURE WITNESS CERTIFICATE
A Witness Signature Certificate is a type of notarial certificate used in Massachusetts when a notary public verifies that an individual signed a document in the notary’s physical presence. Unlike an acknowledgment or a jurat, this notarial act does not involve an oath, affirmation, or the signer declaring anything about the contents of the document. The notary’s role is limited but important: confirming identity and witnessing the act of signing.
This certificate is used when a document requires an impartial third party to verify that:
A Witness Signature Certificate is a type of notarial certificate used in Massachusetts when a notary public verifies that an individual signed a document in the notary’s physical presence. Unlike an acknowledgment or a jurat, this notarial act does not involve an oath, affirmation, or the signer declaring anything about the contents of the document. The notary’s role is limited but important: confirming identity and witnessing the act of signing.
This certificate is used when a document requires an impartial third party to verify that:
- the correct person signed it, and
- the signing occurred at a specific date and time.
- simple contracts
- private agreements
- forms requiring proof of signature execution
- documents where the receiving party wants assurance that the signature is genuine.
☑ COPY CERTIFICATION CERTIFICATE
In Massachusetts, a Copy Certification is a notarial act in which a Notary Public verifies that a photocopy or reproduction of an original document is a true, accurate, and complete copy of the document presented. The notary does not certify that the original document is valid—only that the copy matches the original.
Massachusetts notaries are permitted to perform copy certifications except for documents that are vital records, such as:
In Massachusetts, a Copy Certification is a notarial act in which a Notary Public verifies that a photocopy or reproduction of an original document is a true, accurate, and complete copy of the document presented. The notary does not certify that the original document is valid—only that the copy matches the original.
Massachusetts notaries are permitted to perform copy certifications except for documents that are vital records, such as:
- Birth certificates
- Death certificates
- Marriage certificates
- Divorce decrees issued by a court
NOTARY RECORD KEEPING REQUIREMENTS
A Massachusetts notary public is a public officer commissioned by the Commonwealth, so the records they keep—called a notarial journal—are official records of each notarial act. The journal entry shows when the notarization took place, who appeared, what type of document was involved, and how the signer was identified. This creates a clear, reliable trail if the notarization is ever questioned later.
However, a notary’s journal is not a general "public record" that anyone can freely inspect. It is the notary’s official business record and may contain sensitive personal information. Access is limited and may be allowed only in specific situations, such as by subpoena, court order, or as otherwise permitted by law—not through ordinary public records requests.
However, a notary’s journal is not a general "public record" that anyone can freely inspect. It is the notary’s official business record and may contain sensitive personal information. Access is limited and may be allowed only in specific situations, such as by subpoena, court order, or as otherwise permitted by law—not through ordinary public records requests.
Destroying, Stealing, or Defacing a Notary Public's Official Papers
In Massachusetts, interfering with the records or official papers of a notary public is a crime under M.G.L. c. 222 § 10, which states: "[w]hoever knowingly destroys, defaces or conceals the records or official papers of a notary public shall forfeit not more than one thousand dollars and be liable for damages to any person injured thereby."
In Massachusetts, interfering with the records or official papers of a notary public is a crime under M.G.L. c. 222 § 10, which states: "[w]hoever knowingly destroys, defaces or conceals the records or official papers of a notary public shall forfeit not more than one thousand dollars and be liable for damages to any person injured thereby."
Summary of M.G.L. c. 222 § 22 - Chronological Official Journal of Notarial Acts; Contents; Exceptions From Duty to Maintain; Examination; Safeguarding.
📘 Core Purpose of the Law
The statute requires most notaries to maintain a permanent, tamper-evidence journal documenting their notarial acts. This journal serves as an official record that can be inspected by law enforcement, subpoenaed by a court, or surrendered to the Secretary of the Commonwealth when required.
🧾 What the Journal Must Contain
For every notarial act except issuing a summons/subpoena or administering an oral oath, the notary must record:
The law prohibits recording Social Security numbers or credit card numbers.
📚 Journal Format and Limits
🛡️Safeguarding and Access
Notaries must:
A journal cannot be used by another notary or surrendered to an employer when employment ends.
⚖️ Who Is Exempt
A journal is not required for:
If an attorney or paralegal chooses to keep a journal, attorney‑client privilege and work‑product protections remain intact.
📝 Additional Requirement
If a notarial act is not completed, the notary must record the reason in the journal.
📘 Core Purpose of the Law
The statute requires most notaries to maintain a permanent, tamper-evidence journal documenting their notarial acts. This journal serves as an official record that can be inspected by law enforcement, subpoenaed by a court, or surrendered to the Secretary of the Commonwealth when required.
🧾 What the Journal Must Contain
For every notarial act except issuing a summons/subpoena or administering an oral oath, the notary must record:
- Date and time of the act
- Type of notarial act
- Type or title of the document or transaction
- Signature, printed name, and address of each principal and witness (with privacy protection for battered persons)
- How the notary identified each person (ID details, credible witness, personal knowledge)
- Whether the act was in‑person or remote
- Any fee charged, including technology fees
- The address where the notarization occurred (special rules for remote notarization)
The law prohibits recording Social Security numbers or credit card numbers.
📚 Journal Format and Limits
- A notary may keep only one tangible journal at a time.
- Multiple electronic journals are allowed if they meet the Secretary of State's tamper-evident requirements.
- Tangible journals must be bound with numbered pages.
🛡️Safeguarding and Access
Notaries must:
- Maintain exclusive control of the journal (or designate a third‑party technology provider by agreement)
- Protect the journal from unauthorized use
- Surrender or destroy records only as allowed by law or by direction of the Secretary
- Allow inspection by law enforcement during an investigation, or comply with court subpoenas
A journal cannot be used by another notary or surrendered to an employer when employment ends.
⚖️ Who Is Exempt
A journal is not required for:
- Attorneys admitted in any jurisdiction
- Employees of attorneys (paralegals)
- Notaries working for government entities performing notarial acts within their employment
If an attorney or paralegal chooses to keep a journal, attorney‑client privilege and work‑product protections remain intact.
📝 Additional Requirement
If a notarial act is not completed, the notary must record the reason in the journal.
LEGAL DISCLAIMER: We are not the commissioning authority for Massachusetts Notaries Public. Notaries operate under the jurisdiction established by M.G.L. c. 222 § 1A. As commissioned officers of the Commonwealth of Massachusetts, notaries public are required to uphold state law and serve as impartial, official witnesses to designated acts and transactions. In accordance with M.G.L. c. 222 § 17, notaries are prohibited from providing legal advice or guidance regarding any document or transaction unless they are licensed attorneys or are properly trained in the specific field or industry involved.
LEGAL DISCLAIMER: We are not the commissioning authority for Massachusetts Notaries Public. Notaries operate under the jurisdiction established by M.G.L. c. 222 § 1A. As commissioned officers of the Commonwealth of Massachusetts, notaries public are required to uphold state law and serve as impartial, official witnesses to designated acts and transactions. In accordance with M.G.L. c. 222 § 17, notaries are prohibited from providing legal advice or guidance regarding any document or transaction unless they are licensed attorneys or are properly trained in the specific field or industry involved.
