does a massachusetts attorney who is a notary need to maintain a notary book

by Consuelo Jacobson 9 min read

A notary public shall record in the journal the circumstances for not completing a notarial act. A journal shall be recommended as the best practice, but not required, for a notary public who is an attorney licensed to practice law in the Commonwealth of Massachusetts or employed by such attorney.

Notwithstanding any general law, rule, regulation or order to the contrary, attorneys-at-law and counselors-at-law as well as paralegals, 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.

Full Answer

Does Massachusetts require a notary journal?

(f) A journal shall be recommended as the best practice, but not required, for a notary public who is an attorney licensed to practice law in the Commonwealth of Massachusetts or employed by such attorney.

Do notaries have to keep a journal?

In California, Notaries are required to keep their journals for as long as they remain Notaries. Once they stop being a Notary, they must turn their journals in to the county clerk in the county in which the Notary's current oath of office is on file.Jun 1, 2017

Can attorneys notarize documents in Massachusetts?

Only a notary who is an attorney licensed to practice law in the Commonwealth or a paralegal under the direct supervision of such attorney may notarize estate planning documents.Apr 27, 2020

Can a notary witness and notarize the same document in Massachusetts?

No. In most states, a notary public cannot act in both capacities as a notary public and the impartial witness at the same time in the performance of a notarial act.

Why does a notary keep a log?

Why is that? It is an important tool that provides a written record of the Notary's official acts. It contains details of the transaction in the event a notarized document is lost, altered, or if facts concerning the notarization are challenged in court.Oct 16, 2014

What items must be recorded in your permanently bound journal?

Each notary public shall record in such journal the following: the month, day, and year of notarization; the type of notarization such as acknowledgment or jurat; the type of document; the name and address of the signer; the identification used by the signer; the notary fee; and the signature of the signer.

Who can notarize closing documents in Massachusetts?

Unauthorized Practice of Law

512 (2011). The Act codifies the rule of law that a non-attorney notary may only notarize documents but may not conduct a real estate closing. Only licensed attorneys may conduct real estate closings in Massachusetts.
Sep 23, 2016

Does Massachusetts allow online notary?

On April 27, 2020, Massachusetts enacted legislation allowing remote online notarization during the COVID-19 pandemic. Remote online notarization ("RON") is intended to spare all parties the requirement to meet in person for a notarization during the pandemic.Apr 29, 2020

How do I notarize a document in Massachusetts?

How do I notarize a document in Massachusetts?
  1. Step 1: Require Personal Appearance.
  2. Step 2: Check Over The Document.
  3. Step 3: Carefully Identify The Signer.
  4. Step 4: Record Your Journal Entry.
  5. Step 5: Complete The Notarial Certificate.
  6. A Last Note: Never Give Advice.
Jul 31, 2019

How much can a notary charge in MA?

Massachusetts does not limit the fee notaries can charge to witness and notarize your signature. Many notaries wll notarize your signature for free, but some places like UPS stores may charge you up to $10.

Is a scanned copy of a notarized document legal?

Are scanned documents legal? Even though you can physically scan a notarized document, this does not necessarily mean the other party is going to accept it. If you are planning on scanning a notarized document, you should reach out to the other party ahead of time to see if he or she will accept it.Aug 10, 2021

Can you notarize for a family member in Massachusetts?

Not All States Permit Notarizing For Relatives

For example, Florida and Massachusetts do not allow notarizing the signatures of a Notary's spouse, parents or children, and Massachusetts extends this prohibition to domestic partners, half- and step-relatives.
Dec 14, 2016

Requirements to Be A Notary in Massachusetts

There are basic qualifications for a person to become a Notary in Massachusetts. Applicants must be 18 years old, reside in the state or regularly...

Massachusetts Notary Process

1. Make sure you meet all of Massachusetts’s eligibility requirements. 2. Complete the application. 1. Include a copy of your up-to-date resume. 2....

What Can I Do With My Massachusetts Commission?

You will be able to notarize anywhere in the state of Massachusetts.You can notarize for everyone, excluding yourself. You cannot notarize your own...

General Notary Public Information

Anyone who is interested in serving the public as an impartial witness should become a Notary. Notaries properly identify signers, and verify that...

What chapter does a notary perform?

A notary shall perform any notarial act described in this executive order for any person requesting such an act who tenders the fee set forth in section 41 of chapter 262 of the General Laws unless:

What is a non-attorney notary public?

(a) A non-attorney notary public shall not assist a non-attorney in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act, rendering legal advice, or otherwise engage in the practice of law.

What does "notarized" mean?

" Notarial act " and " notarization " shall mean any act that a notary public is empowered to perform under this executive order.

What is notary performance?

a notary’s performance of any act prohibited, or failure to perform any act mandated, by this executive order, or by any other law, in connection with a notarial act; or. a notary’s performance of an official act in a manner found to be grossly negligent or against the public interest.

How long can a notary public serve?

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.

What is the duty of a notary public?

(a) A notary public has neither the duty nor the authority to investigate, ascertain, or attest to the lawfulness, propriety, accuracy, or truthfulness of a document or transaction involving a notarial act.

How long does it take to change a notary's address?

Within 10 days after the change of a notary public's residence, business, mailing address, or name, the notary shall send to the Office of the Secretary of State a signed notice of the change, giving both the old and new information.

More Details About the Massachusetts Notary Process

Learn how much it cost and how long it takes to become an MA Notary Public.

Requirements to be a Notary in Massachusetts

Find out how you can qualify for a Notary commission in the Bay State.

General Notary Public Information

Have more questions about being a Massachusetts Notary? We have your answers.

Are you ready to get started?

Get everything you need with a full Massachusetts Notary Supply Package.

What information is required for a notary?

CA law (GC 8206 [a]) requires the following information for each Notary journal entry: 1. Date, time and type of each official act; 2. Character (type or title) of every document sworn to, affirmed, acknowledged or proved before the Notary; 3. Signature of each person whose signature is notarized, including the signature of any subscribing witness and the mark of a signer ; 4. Statement regarding the type of satisfactory evidence relied on to identify the signer; 5. Fee charged for the notarial act ; 6. If the document is a power of attorney, deed, quitclaim deed, deed of trust or other document affecting real property, the right thumbprint or any other available print) of the signer. State Notary law does not require you to line through, cross out or write "NA" in unused sections for optional information in your journal entry, but you may do so if you choose to.

How to notarize a document?

If your state does not provide guidance, the NNA recommends including the following information in each entry: 1 The date and time of the Notary act (the date and time indicates when the signer appeared before the Notary Public) 2 The type of notarization performed (for example, “acknowledgment” or “jurat” or "verification by oath") 3 ŽThe location where the notarization took place 4 The title or type of document or transaction (for example, “deed” “personal letter” or “Affidavit of Identity”) and the date on the document, if any (for example, a date appearing at the top of the document or date of signing appearing opposite a signature line) 5 The printed name and address of each signer (in some states, witnesses’ names are required for certain documents, such as wills, deeds, mortgages) 6 The method used to identify each signer (personal knowledge, type of ID document, or credible witness (es)) 7 The fee charged for the notarization, if any 8 The signature of each signer (some states require the signatures of witnesses if used) 9 The right thumbprint of the signer (California requires this for all real estate-related documents and/or powers of attorney. However, in states where a thumbprint is not required by law for the journal entry, the signer may choose to decline to provide a thumbprint.) 10 Any other pertinent information (for example, “John Smith signed as President of XYZ Corporation”)

What is a Texas notary journal entry?

Hello. Texas Notary journal entries are public records and "open for public examination and inspection at all reasonable times." (CPRC 121.012 [e]; see also GC 406.014 [b]). Texas Notaries must provide a certified copy of any notarial record to any person requesting a copy upon payment of the fees allowed by law. (The fee for providing a copy of a record or paper kept in the Notary's office is 50 cents per page) (GC 406.014 [c] and 1 TAC 87.42) Failure to respond to a request for public information may be grounds for disciplinary action against the Notary. (1 TAC 87.43) The Secretary of State suggests that all requests for copies of entries in a Notary’s record book be made in writing through a certified letter to the Notary’s official address on file, thereby providing evidence for a complaint if the Notary fails to comply

Do notaries have to keep sequential journal?

Hello. California Notaries are required to keep a sequential journal, so you should not go back and use the skipped spaces for new entries. You may want to write "unintentionally skipped" in the missed areas just to have a record of what happened.

Do you have to leave a blank page in your commission journal?

Hello. No, you may continue to use your current journal in sequential order. You do not need to leave a blank page in the journal when you renew your commission.

Do you have to record address for Oregon notary act?

Hi Tami. Oregon requires Notaries to record the full name and contact address of each individual for whom the notarial act is performed. (ORS 194.300 [3]) You are not required to record the address where the notarization took place.

Do you need a journal entry for a notary in Illinois?

Hello. In Illinois, a journal entry is only required for certain notarizations. Under a pilot program in effect from June 1, 2009, through June 30, 2018, Illinois Notaries must create a separate “Notarial Record,” which includes a thumbprint, each time a notarization is performed on certain conveyances for residential real property in Cook County. Depending on the circumstances, each Notarial Record must then be surrendered to the Notary’s employer or to the Cook County Recorder of Deeds. Other types of notarizations do not require a journal entry in Illinois. However, state officials have said that a Notary may keep a journal for his or her own record keeping if desired.

Do notaries have to keep a record book?

Again, it’s important to note that not all states require notaries to keep a record book. And the requirements for those that do vary from state to state. In Arizona, for instance, notaries are required to keep ...

Do notaries need to keep a journal?

Notary Journal Requirements by State. Depending on the notary’s state of commission, he or she may be legally required to keep a record book or journal of the notarial acts they’ve performed.

When did Clay start Superior Notary Services?

In 2000 Clay started Superior Notary Services and revolutionized the notary public field by pioneering the mobile signing service. By offering Corporate notaries that travel to the location of the client’s choosing, Clay set the industry-standard in convenience.

What is the purpose of a journal?

The purpose of a journal is to create a record of each notarial act performed by the notary public. If doubts or questions ever arise in regards to a notarized document, there’s a paper trail to prove the act was performed.

What if the notary says it costs more?

A notary should not charge more than $1.25 for a signature. If a notary says it costs more, call the Governor's Legal Counsel, 617-725-4030.

Find Legal Aid

You may be able to get free legal help from your local legal aid program. Or email a question about your own legal problem to a lawyer.