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Notarial Authority
Additional Duties
A Notary Public, in connection with the duties described
above, is authorized by law to swear in Special State Police Officers, and other officials on behalf of the Commonwealth.
More duties and responsibilities exist for Notaries, be sure to research the applicable
Massachusetts General Laws and review Executive Order 455 (04-04).
The Public Officer
A Notary Public, sometimes called a Notary or Notarial
Officer, is a Public Officer and Servant appointed under authority of law with power, among other things, to execute the above
listed authority on behalf of the Commonwealth.
In the Commonwealth of Massachusetts, the Notary is appointed
by the Governor with the advice and consent of Council. As set forth in Article IV of the Articles of Amendment to the
Constitution of the Commonwealth, a person commissioned as a Notary Public may perform notarial acts in any part
of the Commonwealth for a term of seven years, unless the commission is earlier revoked or the Notary resigns.
The Officer has the same authority as a District Judge
to issue a subpoena or summons to compel a witness to appear before the Notary to testify. In addition, when you appear
before the Officer and take an oath or affirmation, the oath/affirmation is as powerful as if it were made before a Supreme
Court Judge.
Two of the most important things needed for a Notary to act on
his authority is -- (1) personal appearance and (2) positive identification (or credible witness known to the Notary).
No law-abiding Notary should notarize a document otherwise. If the Notary knows a person personally, then the Notary does
not have to check their identification. However, the person still has to appear before the Officer.
A Massachusetts Notary may witness documents for use in other
states and nations providing the Notary is physically in Massachusetts when performing the notarial act.
In 2003 Governor Mitt Romney issued Executive Order 455 (04-04) which
commands the Notaries Public of the Commonwealth to act and perform their duties in a mandatory
way. The order clarifies the duties and responsibilities of the Public Officer and guides the Notary every step of the way
in executing their official duties.
The Oath of Office
After
a person becomes appointed into office by the Governor and his Council, the individual must take the oath
of office before two Commissioners authorized to administer oaths to qualify Public Officers. After taking the oath,
the individual becomes a Public Officer of the Commonwealth holding the office of Notary Public.
A Notary
Public takes the oath of office to (1) act ethical and within the law, and (2) to serve the Commonwealth of Massachusetts
and the Constitution thereof.
(The
Oath of Office):
"I do solemnly swear that I will bear true faith and allegiance to the Commonwealth of Massachusetts,
and will support the constitution thereof, so help me God."
"I do solemnly swear that I will faithfully and impartially discharge and perform
all the duties incumbent on me as a notary public according to the best of my abilities and understanding, agreeably, to the
rules and regulations of the Constitution and laws of the Commonwealth, so help me God."
"I do solemnly swear that I will support the Constitution of the United States."
Revised Massachusetts Notarial
Certificates
Governor Mitt Romney has issued Executive Order 455 (04-04) which clarifies the duties and conduct of the states appointed Notaries Public. The order requires
that the Notaries use state-specific Notarial certificates, which can be found by clicking on the link above.
A Notary Public must use the certificates unless if the following
applies, as mandated under the Executive Order § 5:
(j) This section does not require a Notary Public to use the forms set forth above if the form of an acknowledgment,
jurat, signature witnessing, or copy certification is required or allowed by the provisions of any court rule or court forms;
a Massachusetts General Law, including but not limited to, chapter 183, section 42 or the forms set forth in the appendix
thereto, or chapter 192, section 2; any Federal statute; or any regulation adopted pursuant to any such Massachusetts or Federal
statute.
(k) This section does not require a Notary Public to use the forms set forth above if the form
of acknowledgment, jurat, signature witnessing, or copy certification if a document contains an alternative form from another
State if the document is to be filed or recorded in, or governed by the laws of that other State.
(l) This section does not require a
Notary Public to use the forms set forth above if the form of acknowledgment,
jurat, signature witnessing, or copy certification appears on a printed form that contains an express prohibition against
altering that form.
IPS Notaries Are
Insured
Rest assured! Our
officers have Errors and Omissions Insurance (E&O) valued up to $10,000.00 authorized by the Western
Surety Company. (Note: Massachusetts law does not require a Notary Public to be bonded.)
Miscellaneous Laws Every
Notary Should Know
M.G.L. c. 268 § 33: Falsely Assuming to be Notary Public or Other Officers:
Whoever falsely assumes or pretends to be a justice of the peace, notary public, sheriff,
deputy sheriff, medical examiner, associate medical examiner, constable, police officer, probation officer, or examiner, investigator
or other officer appointed by the registrar of motor vehicles, or inspector, investigator or examiner of the department of
telecommunications and energy, or investigator or other officer of the alcoholic beverages control commission, or investigator
or other official of the bureau of special investigations, or examiner, investigator or other officer of the department of
revenue, and acts as such or requires a person to aid or assist him in a matter pertaining to the duty of such officer, shall
be punished by a fine of not more than four hundred dollars or by imprisonment for not more than one year.
M.G.L. c. 233 § 45:
Deposition for use in another state
A person may be summoned and compelled, in like manner and under the same penalties
as are provided for a witness before a court, to give his deposition in a cause pending in a court of any other state or government.
Such deposition may be taken before a justice of the peace or a notary public in the commonwealth, or before a commissioner
appointed under the authority of the state or government in which the action is pending. If the deposition is taken before
such commissioner, the witness may be summoned and compelled to appear before him by process from a justice of the peace or
a notary public in the commonwealth.
M.G.L. c. 267 § 1: False or Forged Records or Certificates of Notary Public.:
Whoever,
with intent to injure or defraud, falsely makes, alters, forges or counterfeits a public record, or a certificate, return
or attestation of a clerk or register of a court, public register, notary public, justice of the peace, town clerk or any
other public officer,.... shall be punished by imprisonment in the state prison for not more then ten years or in jail for
not more than two years.
M.G.L. c. 222 § 10: Destruction
of Notary's Records; Penalty:
Whoever 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.
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