Massachusetts’ notary system is distinct due to its requirement that notary applicants be appointed by the governor with the advice and consent of the Executive Council. Additionally, Massachusetts permits remote online notarization (RON) for greater flexibility in how notaries perform their duties. Whether you are applying for the first time or renewing your commission, this guide will walk you through Massachusetts’ specific notary requirements, ensuring compliance with the state’s unique regulations.
1. Requirements to Become a Notary in Massachusetts
Becoming a notary public in Massachusetts requires meeting certain eligibility criteria and following a formal appointment process. Here's how to get started:
Eligibility Criteria
Before you begin the application process, ensure you meet the following criteria:
- You must be at least 18 years old.
- You must be a legal resident of Massachusetts, or if you are a non-resident, you must maintain a place of employment in the state.
- You must be able to read and write English.
- You cannot have any felony convictions unless your rights have been restored.
Step 1: Complete the Notary Application
In Massachusetts, you must complete a notary public application and submit it to the Massachusetts Governor’s Council. Non-residents must provide proof of employment within the state.
Step 2: Receive Appointment by the Governor
After submitting your application, it is reviewed by the Governor’s Council, which will make a recommendation to the governor. Once the governor approves your application, you are officially appointed as a notary public.
Step 3: Pay the Application Fees
The fee for becoming a notary in Massachusetts is $60. This fee must be submitted with your application to the Secretary of the Commonwealth's office.
Step 4: Take the Oath of Office
Once your appointment is confirmed, you will be required to take an Oath of Office before a court official or notary public.
Step 5: Purchase Your Notary Seal
After taking your oath, you must purchase a notary seal that meets Massachusetts’ legal requirements. The seal must include your name, the words "Notary Public," "Commonwealth of Massachusetts," and your commission expiration date.
Step 6: Receive Your Commission Certificate
After taking your oath and purchasing your seal, you will receive your commission certificate from the Massachusetts Secretary of the Commonwealth, confirming your official status as a notary public.
Frequently Asked Questions (FAQ) For New Notaries
1. How long does it take to become a notary in Massachusetts?
The process typically takes 4-6 weeks, as applications must go through the Governor’s Council and receive approval from the governor.
2. Where do I submit my notary application in Massachusetts?
Applications must be submitted to the Massachusetts Governor’s Council, with payment made to the Secretary of the Commonwealth’s office.
3. What happens if my application is denied?
If your application is denied, you will be informed of the reasons. You may correct any issues and reapply.
4. Do I need to maintain a notary journal in Massachusetts?
Yes, Massachusetts requires notaries to maintain a journal of all their notarial acts. This journal should include details such as the date of the act, the type of act, the name and address of the signer, and the form of identification used.
2. Requirements for Notary License Renewal in Massachusetts
In Massachusetts, notary commissions are valid for seven years, after which you must renew your license to continue performing notarial acts. Here’s what you need to know about renewing your commission:
Step 1: Submit Your Renewal Application
Renewal applications must be submitted to the Massachusetts Governor’s Council. The renewal process is similar to the initial application, and you must continue to meet the eligibility requirements.
Step 2: Pay the Renewal Fees
The renewal fee is $60, which must be submitted with your renewal application.
Step 3: Take a New Oath of Office
Upon approval of your renewal application, you must take a new Oath of Office before a court official or notary public. This step is required for your renewal to be valid.
Step 4: Update or Replace Your Notary Seal
If your notary seal has become worn or no longer meets state requirements, you will need to purchase a new one. Ensure that the updated seal reflects your renewed commission expiration date.
Frequently Asked Questions (FAQ) For Renewing Notaries
1. What happens if my notary commission expires before I renew?
If your commission expires, you must stop performing notarial acts immediately. You will need to reapply and complete the full application process again, including taking the Oath of Office.
2. Can I perform remote notarizations in Massachusetts?
Yes, Massachusetts allows for remote online notarization (RON). You must register with the state and use approved technology platforms that comply with Massachusetts’ remote notarization requirements.
3. What fees can I charge for notarial services in Massachusetts?
Massachusetts allows notaries to charge a reasonable fee for their services. Fees must be agreed upon with the client in advance.
4. What should I do if my notary seal or journal is lost or stolen?
If your notary seal or journal is lost or stolen, you must notify the Massachusetts Secretary of the Commonwealth immediately. You will need to order a replacement seal and report any lost or stolen entries from your notary journal.