GUIDE · UPDATED NOVEMBER 2026
What Is a Notary Public? A Massachusetts Guide
What notaries do, the five notarial acts, what they cannot do and how notarization fits with apostilles.
What does a notary public do?
A notary public is an impartial public official appointed by the state to help prevent fraud in the signing of important documents. In Massachusetts, notaries are appointed by the Governor for seven-year terms. A notary confirms the identity of the person signing, makes sure they understand the document and are signing willingly, performs the notarial act the document calls for, such as an acknowledgment or a jurat, and completes a certificate with their signature and seal. A notary is not a lawyer: a notary cannot prepare your document, choose its wording or explain its legal effect.
Key points
- A notary is an impartial witness for the state, not a party to your document.
- The core job is identifying signers and confirming they sign knowingly and willingly.
- Massachusetts notaries perform five notarial acts.
- A notary does not give legal advice or draft documents.
The five notarial acts in Massachusetts
Massachusetts law defines the acts a notary may perform in M.G.L. c. 222, § 1.
| Notarial act | What the notary does | Typical documents |
|---|---|---|
| Acknowledgment | Confirms the signer's identity and that they signed voluntarily | Deeds, powers of attorney, trusts |
| Jurat | Watches the signer sign and administers an oath or affirmation that the contents are true | Affidavits, sworn statements |
| Oath or affirmation | Administers a spoken oath or affirmation | Testimony, depositions, official statements |
| Signature witnessing | Confirms the signer's identity and watches them sign | Documents that require a witnessed signature |
| Copy certification | Certifies that a copy of a document that is not a public record is accurate and complete | Passport and driver's license copies |
The person signing chooses which act the document needs, usually based on the certificate wording or the recipient's instructions. See acknowledgment vs. jurat.
Why documents are notarized
Notarization adds a layer of trust. Because an impartial official verified who signed and that they signed willingly, courts, registries, banks and foreign governments can rely on the document. Some documents must be notarized by law, such as deeds recorded at a registry of deeds; others are notarized because the recipient requires it. See what documents need to be notarized in Massachusetts.
What a notary checks
- Identity. Usually a current government-issued photo ID. See notary ID requirements.
- Presence. The signer appears before the notary.
- Understanding and willingness. The signer understands the document and is not being pressured.
- Completeness. The document has no blanks that should be filled in.
Need a notary?
We come to you anywhere in Boston and across Massachusetts.
What a notary cannot do
- Give legal advice or prepare legal documents, unless the notary is also a licensed attorney.
- Notarize for close family or for documents they are named in or benefit from. See can a notary notarize for family members? and M.G.L. c. 222, § 16.
- Certify copies of public records such as birth, marriage or death certificates; those come from the issuing office.
- Verify that the contents are true or that the document is legally valid.
See What a Massachusetts Notary Can and Cannot Do for the full picture.
The notary's seal and journal
A Massachusetts notary's seal shows the notary's name as commissioned, the words "notary public" and "Commonwealth of Massachusetts" or "Massachusetts," the commission expiration date and a facsimile of the Commonwealth seal (M.G.L. c. 222, § 8). Notaries also keep a journal recording each notarial act. See Massachusetts notary journal requirements.
Notary, attorney or justice of the peace?
A notary verifies signatures; an attorney gives legal advice and prepares documents. Some attorneys are also notaries. In Massachusetts, justices of the peace may also take acknowledgments and administer oaths. See who can notarize a document?
Notarization and apostilles
A document notarized in Massachusetts for use in another country often needs an apostille from the Secretary of the Commonwealth, which certifies the notary's signature and seal. See apostille vs. notarization.
How to become a notary in Massachusetts
Applicants must be at least 18 and live or regularly work or do business in Massachusetts (M.G.L. c. 222, § 13). See how to become a notary in Massachusetts and Mass.gov.
Sources
- M.G.L. c. 222, § 1: definitions of notarial acts
- M.G.L. c. 222, § 8: notary seal
- M.G.L. c. 222, § 13: qualifications
- M.G.L. c. 222, § 16: prohibited acts
- Mass.gov: apply to become a notary public
Requirements can change. Always follow the current instructions from the Commonwealth.
Frequently asked questions
What is a notary public?
An impartial public official appointed by the state to verify the identity of people signing important documents, confirm they are signing willingly and perform notarial acts such as acknowledgments and jurats.
Who appoints notaries in Massachusetts?
The Governor, for a seven-year term.
Can a notary give legal advice?
No. Unless the notary is also a licensed attorney, a notary cannot prepare documents, choose their wording or explain their legal effect.
Does a notary verify that a document is true?
No. A notary verifies the signer's identity and willingness, not the truth or legality of the document's contents.
What is the difference between a notary and an apostille?
A notary verifies a signature. An apostille, issued by the Secretary of the Commonwealth, certifies the notary's signature and seal so the document is recognized in another country.
Where can I find a notary?
Many banks, shipping and business service stores and law offices have notaries, and a mobile notary can come to you. See how to get a document notarized in Boston.
Need a notary?
We come to you anywhere in Boston and across Massachusetts.