What a Massachusetts Notary Can and Cannot Do

The short answer

A Massachusetts notary public is an impartial official who identifies signers and performs a defined set of notarial acts: acknowledgments, oaths and affirmations, jurats, signature witnessings and copy certifications. A notary is not an attorney, cannot give legal advice, and must refuse to act in certain situations, including when the signer is a close relative. This guide summarizes what Chapter 222 of the Massachusetts General Laws allows and prohibits.

What a Massachusetts notary can do

• Take acknowledgments of deeds and other instruments.
• Administer oaths and affirmations, and complete jurats for affidavits.
• Witness signatures when a document asks only for a witnessed signature.
• Certify copies the notary makes or supervises, of originals presented in person.
• Notarize documents written in another language, because the notary certifies the act and the signer's identity, not the content.

For the certificate wording for each act, see our Massachusetts Notarial Acts Guide.

When a notary must refuse

Under Section 16 of Chapter 222, a notary may not perform a notarial act when:

• The signer is not physically present.
• The signer cannot be identified through satisfactory evidence of identity.
• The signer appears not to understand the consequences of the act, or is not acting voluntarily.
• The notary is a party to the document, or has a financial interest in it beyond the lawful fee.
• The signer is the notary's spouse, domestic partner, parent, guardian, child or sibling, including in-law, step and half relatives. There is a limited exception for wills and documents prepared by a Massachusetts attorney notary or a notary employed by that attorney.
• The document or certificate is blank or incomplete.

Identification

Satisfactory evidence of identity means at least one current identification document issued by a U.S. federal or state agency with the signer's photograph and signature, the oath of a credible witness who personally knows the signer, or the notary's personal knowledge. Non-citizens may use a valid passport or another government document showing nationality or residence.

Legal advice and immigration forms

A notary who is not an attorney cannot give legal advice or practice law. Under Section 17, a non-attorney notary may not give immigration advice or prepare and file immigration forms on someone's behalf, although they may translate and fill in forms at the person's direction after providing a written statement that begins "I am not an attorney licensed to practice law." Non-attorney notaries who advertise in another language must display, in that language, that they are not attorneys and cannot give advice on immigration or other legal matters. The term "notario" may not be used.

Real estate closings

A non-attorney notary may not conduct a residential real estate closing in Massachusetts unless employed by the closing attorney or the lender. Notaries may, of course, notarize signatures on real estate documents. See Loan Signing Agent vs. Notary.

Can a notary refuse?

A notary must generally perform a notarial act when the lawful fee is offered, but may refuse if the notary believes the act or transaction is unlawful, if the signer's demeanor raises a compelling doubt about whether they understand the document, if the act is prohibited, or if the volume of documents makes it impractical, in which case the notary must arrange to complete the remainder later. A notary is not required to investigate whether a document is lawful or accurate.

The notary journal

Every Massachusetts notary must record each notarial act in a journal, with limited exceptions. Entries include the date and time, the type of act, a description of the document, each signer's name, address and signature, how identity was established and any fee charged. Social Security and credit card numbers must never be recorded.

Remote online notarization

Massachusetts law authorizes remote online notarization, but it is not yet available in practice while the Secretary of the Commonwealth finalizes the required training and platform approvals. See Remote Online Notarization.

Common questions we hear

• Can a notary notarize for a family member? No, not for a spouse, domestic partner, parent, guardian, child or sibling, including in-law, step and half relatives.
• Can a notary tell me which notarial act I need? No. The signer or the receiving office decides.
• Can a notary notarize a document in Spanish or Chinese? Yes. The notary notarizes the signature, not the content.
• Can a notary certify a copy of my passport? Yes. See Certified Passport Copies.
• Can a notary notarize a blank document? No. Documents must be complete.