A
Massachusetts Notary Public 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.
The notary is appointed by the Governor with the advice and consent of his 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. In Massachusetts, a notary public has the same authority as a district court judge in issuing a subpoena or summons to compel a witness to appear before the notary to testify. In addition, when you appear before a notary public and take an oath or affirmation, the oath or affirmation is as powerful as if it were made before a judge. If a person is found to be lying while under oath, he or she may be charged with perjury, which is a serious criminal offense. A notary may witness documents for use in other states and nations providing that the officer is physically in Massachusetts when performing the notarial act. In accordance with the Massachusetts Rules of Civil Procedure, and all other relevant laws, a notary public may also preside over depositions and perpetuate testimony for use as evidence in court. If a notary is simply notarizing the signature on an important document, the signer must appear before (in front of) the notary and produce satisfactory evidence of identification. If the signer is known to the notary, however, he or she does not need to produce proper identification because the notary's personal knowledge of the signers identity is considered "satisfactory evidence". In 2003 former 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 his/her official duties.  QUALIFYING OATHS OF OFFICE
 Massachusetts law requires that every applicant applying to become a Notary Public must take the Qualifying Oaths of Office within three months from the date of his or her appointment. The applicant must take the following Qualifying Oaths of Office, before acting in the capacity of a Massachusetts Notary Public: "I,
(name), do solemnly swear (affirm) that I will bear true faith and
allegiance
to the Commonwealth of Massachusetts, and will support the constitution thereof, so help me God (this I do under the pains and penalties of perjury)." "I, (name), do solemnly swear (affirm), 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 (this I do under the pains and penalties of perjury)." "I, (name), do solemnly swear (affirm) that I will support the Constitution of the United States." Appointees may take the qualifying oaths at the office of the Secretary of the Commonwealth located in the State House in Boston Massachusetts. Two Commissioners to Qualify Public Officers must administer the oaths and issue the commission certificate and a wallet identification card, which contains the commission expiration date. If the appointee is unable to go to the State House to take the qualifying oaths, he or she can arrange to take the oaths in a more convenient location. Once the appointee takes the qualifying oaths, he or she will be able to exercise the authority granted to Notaries Public in Massachusetts. The person will now be a sworn public official of and for the Commonwealth of Massachusetts. The new notary public should study the notary laws and perform his or her duties in full compliance with Executive Order 455 (04-04). Failure to comply with the law could result in the revocation of the commission and/or civil or criminal liability. Former
Governor Mitt Romney has issued Executive Order 455 (04-04)
that clarifies the
duties and conduct of the Commonwealth's appointed Notaries Public. The
order requires that the notaries use state-specific notarial
certificates (see examples below).
A
notary public must use the certificates depicted in the Order (or one
substantially the same) unless if
the following applies, as mandated pursuant to Exec. Ord. 455 (04-04)
§ 5:
Definitions of the most common notarial acts, pursuant to Exec. Ord. 455 (04-04) § 2, and examples of each corresponding notary certificate: "Acknowledgment"
shall mean a notarial act in which an individual, at a single time and
place:
Example:
(a)
appears in person before the notary public and presents a document;
(b) is identified by the notary public through satisfactory evidence of identity; and (c) indicates to the notary public that the signature on the document was voluntarily affixed by the individual for the purpose stated within the document and, if applicable, that the individual had authority to sign in a particular representative capacity.  "Copy certification"
shall mean a notarial act in which a notary public:
Example:(a) is
presented with a document;
(b)
copies or supervises the copying of the document using a photographic
or electronic copying process;
(c)
compares the document to the copy; and
(d)
determines that the copy is accurate and complete.
 "Jurat" means
a notarial act in which an individual, at a single time and place:
Example:(a)
appears in person before the notary public and presents a document;
(b) is
identified by the notary public through satisfactory evidence of
identity;
(c)
signs the document in the presence of the notary public; and
(d) takes an oath or affirmation before the notary vouching for the truthfulnees or accuracy of the signed document.  "Signature witnessing"
shall mean a notarial act in which an individual, at a single time and
place:
Example:(a)
appears in person before the notary public and presents a document;
(b) is
identified by the notary public through satisfactory evidence of
identity; and
(c)
signs the document in the presence of the notary public.
 For your convenience, we have created a template of each new notarial certificate that can be easily downloaded into Microsoft Word® format by visiting our download center.  A Massachusetts Notary Public
has the authority to issue subpoenas. A subpoena may be issued to
order a person to do any of the following:
1. appear at court to give testimony (subpoena ad testificandum); 2. appear before a notary public, justice of the peace, or other officer authorized to administer oaths, at the taking of a deposition (deposition subpoena); 3. produce books, papers, documents, or other tangible things that may be used during a trial or hearing (subpoena duces tecum); 4. appear at a court or at a deposition AND produce books, papers, documents, or other tangible things that may be used as evidence. A Massachusetts Notary Public may also issue subpoenas that can command a person to appear before a hearing officer who is working for a state agency such as the Department of Transitional Assistance (DTA). DTA subpoenas are issued in accordance with 106 CMR 343.360(B). Pursuant to M.G.L. c. 233 § 1, a notary public, justice of the peace, or clerk of court, may issue summonses for witnesses in all cases pending before courts, magistrates, auditors, referees, arbitrators or other persons authorized to examine witnesses, and at hearings upon applications for complaints wherein a person may be charged with the commission of a crime. However, a notary public or justice of the peace shall not issue summonses for witnesses in criminal cases except upon the request of the attorney general, district attorney or other person who acts in the case in behalf of the commonwealth or of the defendant. The average notary public will never be asked to issue a subpoena or summons because it's a task that should be completed by a legal professional who is familiar with the court rules that detail how a subpoena or summons shall be issued. If the subpoena or summons fails to comply with a court rule or agency rule, the court or agency may invalidate it. Since our Network has degreed paralegals and licensed attorneys available, we can issue your subpoena or summons that will comply with the applicable laws/rules. This Network considers our notaries public to be "legal notaries" and not just "average notaries" because our notaries public also work as legal support professionals (i.e., paralegals) and have been trained in the law. (Notice: the two titles above are not official titles. They are used by our Network members only.) If you need a subpoena or summons issued, please click here and fill out the form. We will promptly respond to you and arrange for your subpoena or summons to be issued and served. Failure by any person without
adequate excuse to obey a subpoena
issued and served upon him may be deemed a contempt of the court in which the action is pending.   If you need to verify the status of a Massachusetts Notary Public, or have questions about the notary public process and duties, please call the Notary Public Department of the Governor's Office at: (617) 727-2836
You may also write to the Notary Public Office at the following address: Notary Public Office, Room 184
State House Boston, MA 02133 All notaries public serving for the Commonwealth of Massachusetts must read, understand and comply with Executive Order 455 (04-04) as amended, "Standards of Conduct for Notaries Public". 
M.G.L. c. 222 § 1: Appointment and Jurisdiction: Justices
of the peace and notaries public shall be appointed, and their
commissions shall be issued, for the commonwealth, and they shall have
jurisdiction throughout the commonwealth when acting under the sole
authority of such a commission. Unless otherwise expressly provided
they may administer oaths or affirmations in all cases in which an oath
or affirmation is required, and take acknowledgments of deeds and other
instruments.
M.G.L. c. 222 § 8:
Acknowledgment of Instrument; Printed or Typed Name; Expiration Date:
A
justice of the peace or notary public, when taking acknowledgment of
any instrument provided by law to be recorded, shall print or type his
name directly below his signature and affix thereto the date of the
expiration of his commission in the following language: "My commission
expires ____". Failure to comply with this section shall not affect the
validity of any instrument, or the record thereof.
M.G.L. c. 222 § 8A:
Duty to Print Name Below Signature on Probate Matters:
A
justice of the peace, notary public or other person duly authorized,
when taking an acknowledgment or administering an oath with relation to
an instrument filed in a proceeding in the probate court shall print or
type his name directly below his signature thereon. Failure to comply
with this section shall not affect the validity of any instrument or
the record thereof.
M.G.L. c. 222 § 9:
Acting as Notary After Expiration of Commission:
Whoever
presumes to act as a justice of the peace or notary public after
expiration of his commission, and after receiving notice of such
expiration, shall be punished by a fine of not less than one hundred
nor more than five hundred dollars.
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.
M.G.L. c. 222 § 12:
Exemptions From Maintaining Journal of Notary Transactions:
Notwithstanding
any general law, rule, regulation or order to the contrary,
attorneys-at-law and counselors-at-law as well as paralegal, legal
secretaries and other legal staff, who by virtue of their employment
perform notary duties shall be exempt from maintaining a journal of
their notary transactions.
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 for 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. 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 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 than ten years or in jail
for not more than two years.
M.G.L. c. 233 § 1:
Issuance of Summonses for Witnesses:
A
clerk of court of record, a notary public or a justice of the peace may
issue summonses for witnesses in all cases pending before courts,
magistrates, auditors, referees, arbitrators or other persons
authorized to examine witnesses, and at all hearings upon applications
for complaints wherein a person may be charged with the commission of a
crime; but a notary public or a justice of the peace shall not issue
summonses for witnesses in criminal cases except upon request of the
attorney general, district attorney or other person who acts in the
case in behalf of the commonwealth or of the defendant. If the summons
is issued at the request of the defendant that fact shall be stated
therein. The summons shall be in the form heretofore adopted and
commonly used, but may be altered from time to time like other writs.
M.G.L. c. 233 § 26:
Notice of Taking Deposition:
After
service of process in an action, or after a submission to arbitrators
or referees, either party may apply to a justice of the peace or a
notary public, who shall issue a notice to the adverse party to appear
and propose interrogatories before said justice or any other justice of
the peace or before said notary or any other notary public at the time
and place appointed for taking the deposition.
M.G.L. c. 233 § 29:
Verbal Notice of Deposition; Waiver of Notice, etc.:
The
justice or notary who takes the deposition may give a verbal instead of
the written notice. If the adverse party or his attorney in writing
waives notice, or if the defendant does not enter his appearance in the
action within the time required by law, no notice shall be required.
M.G.L. c. 233 § 30:
Oath and Examination of Deponent:
The
deponent shall be sworn or affirmed to testify the truth, the whole
truth and nothing but the truth, relative to the cause for which the
deposition is taken. The deponent shall then be examined by the justice
of the peace or notary public, and may be examined by the parties, and
the testimony may be taken in writing or by any recording device,
including an electronic device, which will accurately preserve such
testimony.
M.G.L. c. 233 § 32:
Mode of Taking Deposition:
The
deposition shall be written by the justice of the peace or notary
public or deponent or by a disinterested person in the presence and
under the direction of the justice or notary, shall be carefully read
to or by the deponent, and then subscribed by him.
M.G.L. c. 233 § 33:
Certification of Deposition:
The
justice or notary shall annex to the deposition a certificate of the
time and manner of taking it, the person at whose request and the cause
in which it was taken, the reason for taking it, and that the adverse
party attended, or if he did not attend what notice was given to him.
M.G.L. c. 233 § 34:
Delivery and Preservation of Deposition:
The
deposition shall be delivered by the justice or notary to the court,
arbitrators, referees or other persons before whom the cause is
pending, or shall be enclosed and sealed by him and directed to it or
them, and shall remain sealed until opened by it or them.
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. 233 § 46:
Application to Take Deposition to Perpetuate Testimony:
If
a person desires to perpetuate his own testimony or the testimony of
another person, he shall apply in writing to two justices of the peace
or notaries public, or a justice of the peace and a notary public, one
of whom shall be an attorney at law, requesting them to take his
deposition or the deposition of the person whose testimony he desires
to perpetuate, and stating briefly and substantially his title, claim
of interest in or to the subject relative to which he desires the
evidence perpetuated, the names of all other persons interested or
supposed to be interested therein and the name of the witness proposed
to be examined.
M.G.L. c. 233 § 47:
Notice of Taking Deposition; Compelling Testimony:
The
justice or notaries shall thereupon cause notice of the time and place
appointed for taking the deposition to be given to all persons named in
said statement as interested in the case, in the manner provided in
sections twenty-six to twenty-nine, inclusive; and if in the opinion of
the justices or notaries no sufficient provision is made by law for
giving notice to parties adversely interested, they shall cause such
reasonable notice to be given as they consider proper. A person may be
summoned and compelled to give a deposition in perpetuation of his
testimony in like manner and under the same penalties as are provided
for a witness before a court.
M.G.L. c. 210 § 2:
Written Consent of Certain Persons; Form of Consent; I.D. of Father:
A decree of adoption shall not
be made, except as provided in this chapter, without the written
consent of the child to be adopted, if above the age of twelve; of the
child's spouse, if any; of the lawful parents, who may be previous
adoptive parents, or surviving parent; or of the mother only if the
child was born out of wedlock and not previously adopted. A person
whose consent is hereby required shall not be prevented from being the
adoptive parent.
Such written consent shall be executed no sooner than the fourth calendar day after the date of birth of the child to be adopted. It shall be attested and subscribed before a notary public in the presence of two competent witnesses, on of whom shall be selected by said person. The agency or person receiving custody shall act as guardian of the child until such time as a court of competent jurisdiction appoints a guardian or grants a petition for adoption. Execution of such consent shall be carried out in a manner which shall preserve privacy and confidentiality. A copy of said consent shall be filed with the department of social services. A consent executed in accordance with the provisions of this section shall be final and irrevocable from date of execution. . . Notice: Many more laws exist in Massachusetts that relate to the duties of a Massachusetts Notary Public. Be sure to research the laws and applicable court rules. If you're a notary public, it's your obligation to discharge your duties competently. In fact, you are presumed to know the law that deals with your official duties. (Go to top) MEMBERSHIPS    ----
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