MASSACHUSETTS NOTARY GUIDE
Massachusetts Notarial Acts: How a Document Is Properly Notarized
A complete, plain-English guide to the four notarial acts used in Massachusetts, with the certificate wording set by statute, a detailed look at acknowledgments and representative capacity, and the rules for identification, credible witnesses and signature by mark.
Written by a commissioned Massachusetts notary team · Over 20 years in business · 600+ five-star Google reviews
AT A GLANCE
What every Massachusetts notarization requires
- The signer appears in person
- Satisfactory evidence of identity
- A certificate in the correct statutory form
- The notary's signature, typed name, seal and commission expiration
- A journal entry for the act
IN THIS GUIDE
- The four notarial acts
- Side-by-side comparison
- Acknowledgment certificate
- Representative capacity, with examples
- Jurat certificate and oaths
- Signature witnessing certificate
- Copy certification certificate
- ID requirements
- Credible witnesses
- Signature by mark
- When a signer cannot sign or make a mark
- Completing the certificate correctly
- Out-of-state and court forms
- When a notary must decline
- Common mistakes
- Frequently asked questions
The four notarial acts in Massachusetts
Massachusetts notary law is found in Chapter 222 of the General Laws. Section 15 lists everything a notary public may do: take acknowledgments, administer oaths and affirmations, perform jurats, witness signatures, certify copies, issue witness summonses and subpoenas, and witness the opening of a bank safe deposit box.
For signed documents, four of those acts matter, and each has its own certificate wording written into the statute. The Massachusetts Secretary of the Commonwealth describes them as the four types of notarial acts in its official apostille and certification brochure:
1. Acknowledgment
The signer confirms to the notary that the signature on the document is theirs and that they signed it voluntarily. Used for deeds, powers of attorney, trusts and most contracts.
2. Jurat
The signer signs in front of the notary and swears or affirms that the contents are true. Used for affidavits and other sworn statements.
3. Signature witnessing
The signer signs in front of the notary, with no oath. It proves only that the signature was made in the notary's presence.
4. Copy certification
The notary personally copies an original document and certifies that the copy is true, exact, complete and unaltered.
The four acts side by side
| Acknowledgment | Jurat | Signature witnessing | Copy certification | |
|---|---|---|---|---|
| Must sign in the notary's presence? | No. A document signed earlier may be acknowledged. | Yes | Yes | No signature by the customer |
| Oath or affirmation? | No | Yes | No | No |
| Signer identified? | Yes | Yes | Yes | The certificate names who presented the original |
| Representative capacity stated? | Yes, when signing for an entity or another person | No | No | No |
| What it proves | Identity and voluntary signing | Identity, signing in person and a sworn statement of truth | Identity and signing in person | The copy matches the original |
| Typical documents | Deeds, mortgages, powers of attorney, trusts, contracts, school records for apostille | Affidavits, sworn statements, some court and immigration forms | Consent letters and forms that ask for a witnessed signature | Copies of passports, diplomas and other personal originals |
| Statute | c. 222, §15(b) | c. 222, §15(c) | c. 222, §15(d) | c. 222, §15(e) |
The acknowledgment, in depth
An acknowledgment is the most common notarial act in Massachusetts, and it is required before a deed or other instrument affecting real estate can be recorded at the Registry of Deeds. In an acknowledgment, the signer appears before the notary, is identified, and declares that they signed the document voluntarily for its stated purpose. The signature may already be on the document when the signer arrives, but the signer must still appear in person; a notary can never acknowledge a signature for someone who is not present.
This is the acknowledgment wording set out in Section 15(b). The venue line at the top is not part of the statutory text, but it is standard practice and expected by registries and receiving agencies.
Statutory form · M.G.L. c. 222, §15(b)
Acknowledgment
Commonwealth of Massachusetts
County of , ss.
On this day of , 20, before me, the undersigned notary public, (name of document signer) personally appeared, proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose.
(as partner for , a partnership)
(as for , a corporation or other entity)
(as attorney in fact for , the principal)
(as for , (a) (the) )
as the voluntary act of the (partnership)(corporation or other entity)(principal)( ).
SEAL
The four lines in parentheses are used only when the signer is acting for someone else. For a person signing for themselves, they are struck or left off.
What each part of the acknowledgment means
- Date. The date the signer appeared before the notary, which may be later than the date the document was signed.
- Name of document signer. The individual who appeared, written as it appears on the document and matching the ID.
- Satisfactory evidence of identification. How the notary identified the signer, for example "Massachusetts driver's license", "United States passport", "personal knowledge" or "oath of credible witness, [name]".
- "Preceding or attached document." The certificate either follows the signature on the same page or is attached to the document as a separate page.
- Voluntarily for its stated purpose. The heart of the acknowledgment: the signer confirms that no one forced the signature and that they understand what the document is.
- Capacity. When the signer acts for a business, a trust, an estate or another person, the capacity lines record that role.
Representative capacity: signing for someone else
Section 15(b) applies to people "acknowledging for themselves or in any representative capacity." When the signer is acting for a partnership, a corporation or LLC, a principal under a power of attorney, a trust, an estate or a ward, the certificate must say so. The capacity line tells the reader that the signature binds the entity or person being represented, not just the individual who signed.
The notary records the capacity the signer states and that the document shows. A notary does not verify corporate authority, review trust documents or decide whether the signer has legal power to act; that responsibility belongs to the parties, their attorneys and, in a closing, the settlement agent.
How the capacity lines are completed
| Signer's role | Statutory line used | Completed example | Closing phrase |
|---|---|---|---|
| Individual signing for themselves | None | Capacity lines struck or omitted | None |
| Partner of a partnership | (as partner for ___, a partnership) | as partner for Harbor View Partners, a partnership | as the voluntary act of the partnership |
| Corporate officer or LLC manager | (as ___ for ___, a corporation or other entity) | as President for Beacon Street Holdings, Inc., a corporation as Manager for Fenway Properties LLC, a limited liability company | as the voluntary act of the corporation (or other entity) |
| Attorney in fact under a power of attorney | (as attorney in fact for ___, the principal) | as attorney in fact for Margaret A. Sullivan, the principal | as the voluntary act of the principal |
| Trustee | (as ___ for ___, (a) (the) ___) | as Trustee for The Sullivan Family Trust, the trust | as the voluntary act of the trust |
| Personal representative or executor | (as ___ for ___, (a) (the) ___) | as Personal Representative for the Estate of John P. Walsh, the estate | as the voluntary act of the estate |
| Guardian or conservator | (as ___ for ___, (a) (the) ___) | as Conservator for Robert L. Chen, the protected person | as the voluntary act of the protected person |
Example: a corporate officer signing a deed
Jane M. Rivera, the President of Beacon Street Holdings, Inc., signs a deed conveying the company's property and presents her Massachusetts driver's license. The completed acknowledgment reads:
Completed example
Acknowledgment
Commonwealth of Massachusetts
County of Suffolk, ss.
On this 12th day of November, 2026, before me, the undersigned notary public, Jane M. Rivera personally appeared, proved to me through satisfactory evidence of identification, which were a Massachusetts driver's license, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose as President for Beacon Street Holdings, Inc., a corporation, as the voluntary act of the corporation.
SEAL
[Typed name of notary]
My commission expires: [date]
Example: an attorney in fact
Daniel Sullivan holds a durable power of attorney for his mother, Margaret A. Sullivan, and signs a refinance document on her behalf. He signs in the way the lender instructs, typically "Margaret A. Sullivan, by Daniel J. Sullivan, her attorney in fact." The certificate names Daniel as the person who appeared, because he is the one being identified, and adds: "as attorney in fact for Margaret A. Sullivan, the principal, as the voluntary act of the principal." The lender or title company usually requires the power of attorney itself to be reviewed and recorded; that review is theirs, not the notary's.
Example: a trustee
Two co-trustees sign a deed transferring a home into or out of a trust. Each trustee is identified and named in the certificate, and the fourth capacity line is completed for both: "as Trustees for The Sullivan Family Trust, the trust, as the voluntary act of the trust." If they appear at different times, each signer receives a separate acknowledgment dated the day that signer appeared.
Signing for a company, trust or estate?
We come to your home, office or closing table and complete every certificate in the correct form.
The jurat and the oath or affirmation
A jurat is used for affidavits and any other document in which the signer swears or affirms that the contents are true. Two things must happen in front of the notary: the signer signs the document, and the signer takes an oath or affirmation. A document that was signed beforehand must be signed again in the notary's presence.
An oath is a solemn pledge that invokes a deity. An affirmation is the legal equivalent made on personal honor, for signers who prefer not to swear. The notary asks the question aloud and the signer answers aloud, for example: "Do you solemnly swear (or affirm), under the pains and penalties of perjury, that the statements in this document are true to the best of your knowledge and belief?" A nod or a silent signature is not an oath.
Statutory form · M.G.L. c. 222, §15(c)
Jurat
Commonwealth of Massachusetts
County of , ss.
On this day of , 20, before me, the undersigned notary public, (name of document signer) personally appeared, proved to me through satisfactory evidence of identification, which were , to be the person who signed the preceding or attached document in my presence and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of (his) (her) knowledge and belief.
SEAL
Many affidavits already include short wording such as "Subscribed and sworn to before me." When a document from another state or a federal agency carries its own jurat, it may be used as discussed under out-of-state and court forms.
Signature witnessing
A signature witnessing confirms only that the identified signer signed the document in the notary's presence. There is no oath and no declaration about voluntary signing or capacity. It suits forms that ask for a signature "witnessed by a notary" and some consent letters, such as travel consents for minors.
Statutory form · M.G.L. c. 222, §15(d)
Signature Witnessing
Commonwealth of Massachusetts
County of , ss.
On this day of , 20, before me, the undersigned notary public, (name of document signer) personally appeared, proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document in my presence.
SEAL
Copy certification
In a copy certification, the notary is shown an original document, makes the copy personally or supervises the copying, compares the two, and certifies that the copy is true, exact, complete and unaltered. The certificate says the copy was "made by me," so a notary cannot certify a photocopy you made at home.
Copy certification is meant for personal originals such as passports, diplomas and signed contracts. For public records such as birth, marriage and death certificates, the proper document is a certified copy issued by the city, town or state office that keeps the record. We can help you obtain certified vital records instead. For more detail, see can a notary certify a copy in Massachusetts?
Statutory form · M.G.L. c. 222, §15(e)
Copy Certification
Commonwealth of Massachusetts
County of , ss.
On this day of , 20, I certify that the (preceding) (following) (attached) document is a true, exact, complete and unaltered copy made by me of (description of the document), presented to me by .
SEAL
ID requirements: satisfactory evidence of identity
Every notarial act involving a signer requires the notary to identify that person through "satisfactory evidence of identity," defined in Section 1 of Chapter 222. There are three ways to meet the standard, and a separate rule for people who are not U.S. citizens.
1. Government photo ID
At least one current document issued by a U.S. or state government agency that shows the signer's photograph and signature. Examples: a driver's license or state ID card, a U.S. passport or passport card, or a U.S. military ID.
2. Credible witness
The oath or affirmation of a credible witness who is unaffected by the document, is personally known to the notary and personally knows the signer. Details below.
3. Personal knowledge
The notary personally knows the signer well enough to be certain of the person's identity, through an established relationship rather than a single brief meeting.
Signers who are not U.S. citizens
A valid passport, or another government-issued document evidencing nationality or residence, that bears the signer's photograph and signature. Examples: a foreign passport or a U.S. permanent resident card.
IDs that cause problems
- Expired IDs. For U.S. citizens, the statute requires a current document. Renew before your appointment, or arrange a credible witness.
- Paper temporary licenses. These usually lack a photo or signature. Bring the expiring card or another qualifying ID.
- IDs with no signature. Some cards, including certain employee and student IDs, do not qualify because the statute requires both a photo and a signature, and because they are not issued by a government agency.
- Photocopies or phone photos. The notary must see the original ID.
- Name differences. The name on the document should match the ID. A small variation, such as a middle initial, is often acceptable when the ID name includes the document name; a different surname is not. Ask the document's preparer to correct it, or bring ID that shows the name used.
The ID used is written into the certificate and recorded in the notary's journal, including the type of document, the issuing agency, its number and its expiration date. Read more about acceptable identification for notarization.
Credible witnesses
When a signer has no acceptable ID, a credible witness can vouch for their identity. Massachusetts law sets three conditions, and all must be met:
- Unaffected by the document. The witness has no interest in it: not named in it, not a beneficiary, not a party to the transaction.
- Personally known to the notary. The notary must already know the witness. A stranger with a valid ID does not qualify.
- Personally knows the signer. The witness must actually know the signer, not just have met them that day.
The witness takes an oath or affirmation before the notary that the signer is who they claim to be. The certificate states the identification as, for example, "the oath of a credible witness, [witness name]," and the witness signs the notary's journal with their name and address.
Because the witness must be someone the notary already knows, this option is most practical in workplaces, care facilities and communities where the notary has established relationships. For a first-time customer with no qualifying ID, the more reliable path is usually to obtain a valid ID before the appointment.
Example identification entry using a credible witness
…personally appeared, proved to me through satisfactory evidence of identification, which were the oath of a credible witness, Thomas R. Keane, personally known to me, to be the person whose name is signed on the preceding document…
Signature by mark
A signer who can make a mark but not a full signature, often because of illness, injury, disability or literacy, may sign with a mark such as an "X." Section 15(f) allows a notary to certify a signature by mark when:
- The signer makes the mark in the presence of the notary and two witnesses who are unaffected by the document.
- Both witnesses sign their own names beside the mark.
- The notary notarizes the mark through an acknowledgment, a jurat or a signature witnessing.
The signer still needs satisfactory evidence of identity. In practice, the signer's name is typed or printed near the mark, and each witness's name is printed beside their signature so the document can be read clearly. We frequently handle signatures by mark at hospitals and rehabilitation and nursing facilities; see our signature by mark guide for preparation tips.
Example signature block for a signature by mark
X
Eleanor M. Brooks, her mark
Witness: Maria L. Santos
Witness: Kevin T. O'Neill
Followed by an acknowledgment, jurat or signature witnessing certificate naming Eleanor M. Brooks as the signer.
When a signer cannot sign or make a mark
Section 15(g) goes a step further: a notary may sign the name of a principal who is physically unable to sign or make a mark. Every one of these conditions must be met:
- The principal directs the notary to sign, in the presence of two witnesses unaffected by the document.
- The principal's demeanor gives the notary no compelling doubt that the principal understands the consequences of the document.
- In the notary's judgment, the principal is acting of their own free will.
- The notary signs the principal's name in the presence of the principal and both witnesses.
- Both witnesses sign their own names beside the signature.
- Below the signature, the notary writes: "Signature affixed by notary public in the presence of (names and addresses of principal and 2 witnesses)."
- The notary then notarizes the signature through an acknowledgment, jurat or signature witnessing.
Some receiving parties, including certain banks and foreign authorities, have their own rules for signatures made this way. Confirm with them before the appointment.
Completing the certificate correctly
A notarization is only as good as its certificate. Registries, courts, the Secretary of the Commonwealth's apostille office and foreign authorities reject documents for errors that are easy to avoid.
Venue
"Commonwealth of Massachusetts, County of ___, ss." The county is where the signer appeared, not where the signer lives or where the property is located.
Every blank filled
A notary may not sign or seal an incomplete certificate. Inapplicable choices, such as "(he) (she)" or unused capacity lines, are struck through.
Signature, name and expiration
The notary signs, prints or types their name directly below the signature, and adds "My commission expires ___," as Section 8 requires for acknowledgments and court oaths.
Official seal
The seal shows the notary's name exactly as commissioned, the words "Notary Public" and "Commonwealth of Massachusetts" or "Massachusetts," and the commission expiration date. It must be clear and legible.
Attached certificates
When a document has no notarial wording, the notary attaches a separate certificate and identifies the document it belongs to, typically by title, date and number of pages.
Journal entry
The notary records the date and time, the type of act, the document, each signer's and witness's name, address and signature, and how each person was identified, as Section 22 requires.
Out-of-state, court and federal forms
The statutory forms are required "substantially," but Section 15 allows other wording in specific situations:
- Court rules and forms. A form required or allowed by a court rule, court form or court directive, including the rules and forms of the Land Court.
- Other laws. A form required by another Massachusetts law, a federal law or a regulation, such as the self-proving affidavit for wills in the Massachusetts Uniform Probate Code.
- Another state's form. A certificate from another state may be used when the document will be filed or recorded in that state or is governed by its laws. For example, a California deed signed in Boston can carry California's acknowledgment wording.
In every case, the notary must still personally identify the signer, perform the act the certificate describes and complete the certificate truthfully. A notary cannot sign wording that states something that did not happen, such as an oath that was never given. If an out-of-state certificate asks a Massachusetts notary to certify something Massachusetts law does not allow, the notary will attach a Massachusetts certificate instead.
When a notary must decline
Section 16 of Chapter 222 lists situations in which a Massachusetts notary may not perform a notarial act. A careful notary will stop the appointment if:
- The signer is not physically present.
- The signer cannot be identified through satisfactory evidence of identity.
- The signer's demeanor causes a compelling doubt about whether they understand the document.
- The notary believes the signer is not acting of their own free will.
- The notary is a party to or named in the document, with narrow exceptions.
- The notary has a financial interest in the document or would receive more than the permitted fee.
- The signer is the notary's spouse, domestic partner, parent, guardian, child or sibling, including in-law, step and half relatives.
- The certificate is incomplete, or would contain information the notary knows or believes to be false.
A notary may not refuse service because of a person's race, age, sex, gender identity, sexual orientation, religion, national origin, health, disability or status as a non-customer. Non-attorney notaries are also prohibited from giving legal advice or explaining the legal effect of a document; we can explain the notarial process, but questions about the document itself belong with an attorney.
Common mistakes that cause rejection
- Signing a jurat document in advance. Affidavits and signature witnessings must be signed in front of the notary. Leave the signature line blank.
- Missing capacity. A corporate deed acknowledged as if the officer signed personally may be rejected by the registry or title insurer.
- Blank spaces in the document. Fill in or strike blank spaces before the appointment; a notary may decline a document with significant blanks.
- Name mismatch. The document, ID and certificate should agree.
- Expired ID. Check your ID's expiration date when you book.
- Wrong county. The venue is where the notarization happened.
- Illegible seal. Apostille offices and foreign authorities reject smudged or partial seals.
- Choosing the wrong act. Ask the receiving party which certificate they need before the appointment.
- Notarizing a copy of a vital record. Order a certified copy from the issuing office instead.
- Missing pages. Bring the complete document, even if only one page is signed.
Documents going abroad
A document notarized in Massachusetts for use in another country usually needs an apostille or certification from the Secretary of the Commonwealth, which confirms the notary's commission. The office reviews the notarial certificate closely, so the requirements in this guide matter even more. We prepare the certificate correctly, obtain the apostille and, when required, handle embassy legalization and certified translation. Start with our apostille services or our guide to apostilles for diplomas and transcripts.
Are you a Massachusetts notary?
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Official sources
- M.G.L. c. 222, §15: notarial acts, certificate forms, signature by mark and alternate forms
- M.G.L. c. 222, §1: definitions, including satisfactory evidence of identity
- M.G.L. c. 222, §16: acts a notary may not perform
- Secretary of the Commonwealth: Apostilles, Certifications and the four types of notarial acts (PDF)
- Secretary of the Commonwealth: Notary public information
- Mass.gov: Massachusetts law about notaries public
This guide is general information about Massachusetts notarial practice, not legal advice. Laws change; consult the sources above or an attorney about your specific document.
Frequently asked questions
What are the four notarial acts in Massachusetts?
Acknowledgments, jurats, signature witnessings and copy certifications. Massachusetts notaries can also administer oaths and affirmations, issue witness summonses and subpoenas, and witness the opening of a safe deposit box.
What is the difference between an acknowledgment and a jurat?
An acknowledgment confirms the signer's identity and that they signed voluntarily, and the document may be signed beforehand. A jurat requires the signer to sign in front of the notary and swear or affirm that the contents are true.
Can I sign my document before the notary arrives?
For an acknowledgment, yes. For a jurat or signature witnessing, no; you must sign in the notary's presence. If you are unsure, wait and sign at the appointment.
What does "capacity" mean on a notarial certificate?
It is the role in which the signer is acting, such as President of a corporation, Trustee of a trust, attorney in fact for a principal or Personal Representative of an estate. Massachusetts acknowledgments include capacity lines for this purpose.
Does the notary verify that I have authority to sign for a company or trust?
No. The notary records the capacity you state and the document shows. Proof of authority, such as a corporate vote or trust certificate, is reviewed by the receiving party or the closing attorney.
What ID do I need for a Massachusetts notarization?
A current government-issued ID with your photo and signature, such as a driver's license or U.S. passport. Non-U.S. citizens may use a valid passport or other government document showing nationality or residence with a photo and signature.
Can a notary accept an expired ID?
For U.S. citizens, Massachusetts law requires a current ID. If yours has expired, renew it or ask whether a credible witness the notary personally knows is available.
Can a friend vouch for me if I don't have ID?
Only if they qualify as a credible witness: they must be unaffected by the document, personally known to the notary and personally know you. A friend the notary has never met does not qualify.
How does a signature by mark work?
The signer makes a mark in front of the notary and two witnesses unaffected by the document, both witnesses sign beside the mark, and the notary completes an acknowledgment, jurat or signature witnessing.
Can a notary sign for someone who cannot sign at all?
Yes, under Section 15(g), at the signer's direction, in front of two unaffected witnesses, with a notation of who was present, and only if the signer clearly understands the document and is acting freely.
Can a Massachusetts notary use another state's certificate?
Yes, when the document will be filed or recorded in that state or is governed by its laws, as long as the certificate accurately describes what the notary did.
Can a notary certify a copy of my birth certificate?
No. Birth, marriage and death certificates are public records; request a certified copy from the issuing office. We can obtain Massachusetts vital records for you.
Can a notary tell me which notarization I need?
A notary who is not an attorney cannot choose the notarial act for you. Ask the attorney, agency or institution that requested the document; the required wording is usually already printed on it.
Can a notary notarize for a family member?
No. Massachusetts prohibits notarizing for a spouse, domestic partner, parent, guardian, child or sibling, including in-law, step and half relatives, with a narrow exception for certain attorney-prepared documents.
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