Massachusetts attorney-closing notice
Tewksbury Notary acts as a notary signing agent only. Massachusetts law (M.G.L. c. 222, § 17 and Executive Order 455) reserves real estate closings for licensed Massachusetts attorneys. We notarize signatures on prepared mortgage and real estate documents in conjunction with a Massachusetts attorney or lender. We do not conduct closings, draft or complete legal documents, or provide legal advice. Read full notice.
What a notary public can and cannot do in Massachusetts.
A guide to what notaries do, what they are NOT allowed to do and the legal definitions every Massachusetts resident should understand. Based on the Commonwealth’s Executive Order 455, written for people who do not read law for a living.
Six powers granted to a Massachusetts notary public.
Under Executive Order 455, a notary is a public servant performing a public duty. These are the six things they are empowered to do.
Administer oaths and affirmations
Witness someone swear or affirm that something is true under penalty of perjury. Used for affidavits, depositions and sworn statements.
Perform acknowledgments
Confirm that you signed a document voluntarily and that the signature is yours. Used on deeds, contracts and powers of attorney.
Perform jurats and witness signatures
Watch you sign a document AND administer an oath that the contents are true. Used on affidavits and self-proving will affidavits.
Issue subpoenas
Compel a witness to appear or produce evidence in legal proceedings. Used by attorneys when a notary’s authority is required.
Protest commercial paper
Formally certify that a check or other negotiable instrument was dishonored. Mostly used in commercial banking disputes.
Witness safe deposit box openings
Be present when bank safe deposit boxes are opened, often after a death or court order. Provides an impartial record of contents.
Four notarial acts. Each one with a different purpose.
If you are not sure which one you need, look at the document. It will say. If it does not say, ask the person or institution requesting the notarization.
Acknowledgment
You confirm to the notary that you signed the document voluntarily. Signing in front of the notary is not required.
Jurat
You sign in front of the notary AND swear or affirm that the contents are true under penalty of perjury.
Oath
You vow truthfulness invoking a deity. Equivalent to an affirmation but with a religious component.
Affirmation
You vow truthfulness without invoking a deity. Legally identical to an oath. Choice is yours.
More notary terms you might hear.
Beyond the four notarial acts, here are the other terms that come up during a notary appointment.
Notary Public
A person commissioned to perform official notarial acts under Article IV of the Articles of Amendment of the Massachusetts Constitution. Sworn to act impartially.
Notarial Act
Any act a notary public is empowered to perform under Executive Order 455. Includes acknowledgments, jurats, oaths, affirmations and the other powers listed above.
Credible Witness
An honest, reliable, impartial person who personally knows the signer and vouches for their identity under oath when official ID is unavailable.
Journal of Notarial Acts
A permanently bound book that creates and preserves a chronological record of every notarization performed. Required by Massachusetts law.
What a notary cannot do.
The other half of the story. Notaries are bound by clear limits, both for your protection and theirs. A notary who crosses these lines faces penalties for unauthorized practice of law or official misconduct.
Cannot give legal advice
A notary is not an attorney. We do not interpret documents, advise on signing or recommend specific legal action.
Cannot exceed statutory fees
Our office charges $45 per signature for in-office work, by appointment. Mobile travel fees are quoted separately by distance and time of day. All pricing is disclosed before service.
Cannot notarize without ID
Satisfactory evidence of identity is required. No exceptions for casual acquaintances or signers without proper documentation.
Cannot decline based on customer status
If a notary works at a bank, they cannot refuse to notarize for someone who is not a client of that bank. Public servants serve the public.
Cannot notarize while outside MA
A Massachusetts notary must be physically present in Massachusetts at the time of the notarization, even when documents are intended for use elsewhere.
Cannot notarize for personal benefit
A notary cannot notarize a document in which they have direct financial or beneficial interest. Conflict of interest rules apply.
Acceptable forms of identification.
Massachusetts notaries are required to verify identity through “satisfactory evidence.” Bring one of these to your appointment.
Common questions about Massachusetts notaries.
What is the difference between an acknowledgment and a jurat?
Will a Massachusetts notary refuse to notarize my document?
How much does a Massachusetts notary charge?
Does a Massachusetts notary need to keep a journal?
Will a Massachusetts notary witness documents for use in other states?
Will a Massachusetts notary give legal advice?
A note on legal advice. The information on this page summarizes Massachusetts notary law for educational purposes. It is not legal advice. For questions about your specific document or situation, please consult a licensed Massachusetts attorney. Source: Massachusetts Secretary of the Commonwealth, Notary Public Laws.
Book a notary who knows the law.
Walk into our Tewksbury office or book a mobile visit anywhere across the Merrimack Valley. Same-day appointments are usually available.