MASSACHUSETTS NOTARY GUIDE
The Massachusetts Notary Journal: What the Law Requires
Massachusetts requires notaries to keep a journal of every notarial act. This guide explains what each entry must include, what you must never write down, how to protect your journal and how long to keep it, drawn from the statute and from more than 20 years of notarizing in Boston.
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AT A GLANCE
Required since 2017
M.G.L. c. 222, §§ 22 and 24
- One bound journal, or a compliant electronic one
- An entry for every notarial act
- Never record an SSN or card number
- Keep it 7 years after your commission
Who must keep a journal
What each journal entry must include
| Entry | What to record |
|---|---|
| Date and time | When the notarial act took place, recorded at the time of the notarization |
| Type of notarial act | Acknowledgment, jurat, signature witnessing or copy certification |
| The document | Its type, title or a description. One entry can cover several documents signed by the same person in one transaction or on one date |
| Each signer and witness | Their signature, printed name and address. If someone tells you they are a battered person, note that their address is not a public record |
| Evidence of identity | The type of ID, the issuing agency, the ID number and its issue or expiration date; or that you relied on a credible witness or personal knowledge |
| In person or remote | Whether the act was performed in person or remotely; for remote acts, the addresses of the notary and each signer and witness |
| Fee | Any fee charged, including any technology services fee |
| Location | Where the notarization took place |
Summarized from M.G.L. c. 222, § 22(c). Entries are not required for issuing a summons or subpoena or administering an oral oath.
What you must never record
- Social Security numbers. If an ID card shows one, write “SSN” in place of the number.
- Credit card numbers. The law prohibits recording them in the journal.
And when you decline to perform a notarial act, record the refusal and the reason for it.
Paper or electronic
Paper journal
A permanently bound book with numbered pages. You may keep only one paper journal at a time, so finish one before starting the next.
Electronic journal
Permanent and tamper-evident, kept according to the Secretary of the Commonwealth’s rules. You may keep more than one electronic journal, as long as each one complies.
Exclusive control
When you aren’t using it, the journal stays under your exclusive control, or that of a technology provider you designate by agreement. No other notary may use your journal.
Not your employer’s
Your journal belongs with you. It may not be surrendered to an employer when your employment ends.
Inspection, safeguarding and retention
- 1
Lawful inspection
A law enforcement officer conducting an official investigation may examine the journal, a court may subpoena it and the Secretary of the Commonwealth may direct its surrender. You may seek a judicial protective order.
- 2
Safeguard it
Protect the journal and your other notarial records. They may be surrendered or destroyed only as the law, a court order, a regulation or the Secretary requires.
- 3
When your commission ends
Destroy or deface your seal and stamps so they can’t be used, as soon as is feasible.
- 4
Keep it seven years
Keep your journal and records for seven years after your commission expires, is resigned or is revoked, under M.G.L. c. 222, § 24.
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Journal habits that protect you
- Fill in the entry before the signer leaves. The law requires recording at the time of the notarization, and you can’t ask for a signature later.
- Write the ID details exactly. A wrong expiration date or ID number is hard to correct after the fact.
- Use one entry per signer, per transaction. Listing every document signed in that transaction keeps the record clear.
- Note anything unusual. A refusal, a credible witness, a signature by mark or an interpreter is worth a brief note.
- Store it securely at home. Never leave a journal in a car or an unlocked office.
Frequently asked questions
Is a notary journal required in Massachusetts?
Yes. Since January 4, 2017, M.G.L. c. 222, § 22 has required Massachusetts notaries to keep a chronological official journal of their notarial acts. The main exceptions are notaries who are attorneys or work for attorneys, and government employees acting in their official role.
Can I keep my journal electronically?
Yes, if it is permanent, tamper-evident and meets the Secretary of the Commonwealth’s rules for electronic journals. A paper journal must be a permanently bound book with numbered pages, and you may keep only one paper journal at a time.
Should I write down the signer’s ID number?
Record the type of ID, the issuing agency, the ID number and its issue or expiration date. Never record a Social Security number or a credit card number; if an ID shows a Social Security number, write “SSN” instead.
Do I need an entry for every document?
One entry can cover several documents signed by the same person in a single transaction or on the same date. Each person who signs, and each witness, signs the journal.
What if I refuse to notarize?
Record the refusal and the reason for it in your journal.
Who can look at my journal?
Massachusetts law allows a law enforcement officer conducting an official investigation to examine it, a court to subpoena it and the Secretary of the Commonwealth to direct its surrender. A notary may ask a court for a protective order.
How long do I keep my journal?
Keep and safeguard it while you are commissioned, and for seven years after your commission expires, is resigned or is revoked, under M.G.L. c. 222, § 24.
Can my employer keep my journal if I leave?
No. The journal stays under your exclusive control and may not be surrendered to an employer when your employment ends. No other notary may use it.
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