You might be wondering: Does Massachusetts allow electronic notaries? Well, it depends on the type of document you’re signing and how the parties are communicating electronically. First, an electronic notary must be a licensed attorney or a paralegal under the supervision of an attorney. In addition, he or she must have sight and sound capabilities. And both parties must be physically in Massachusetts. Second, the principal must provide the Notary with sufficient proof of identity, sign, and deliver the document to the Notary. Finally, the principal must acknowledge and affirm the notary in a subsequent video conference.
Notary public must be able to communicate electronically in real time with sight and sound capabilities
In Illinois, the Secretary of State has issued guidance requiring notaries to use two-way, real-time audio-video communication with signors. This allows the notary to view and examine the signor’s credentials in real-time. The notary must record this communication and keep it for three years. A Notary public must also make copies of documents for back-up purposes. This technology is also used for credential analysis, a process that uses software or hardware to ensure that a government-issued identification credential is genuine.
The new law makes it easier for notaries to perform remote notarizations. This is one of the primary reasons that notaries need to be able to interact with their clients in real-time. Currently, only certain states permit remote notarizations, such as New York. In addition, the Notary Act requires the notary and the customer to be physically in the same state during the notarial act.
Notary public must be licensed attorney or paralegal acting under supervision of an attorney
If a notary public acts without supervision of a licensed attorney, the practice of law is unauthorized. Although notary publics are generally not able to give legal advice, they may transcribe documents for clients and sell blank legal forms and general printed legal information. They may also perform certain notarial services for a fee. However, they cannot advise clients on legal forms or advise their clients on how to complete them.
In addition to witnessing, a notary can issue summonses for witnesses in civil or criminal cases. Although this is not a common duty for a notary, it is still important to know that a notary can issue summonses.
Notary public must keep affidavit for 10 years
As a Notary public in Massachusetts, you have an obligation to retain all documentation related to the notarial act you performed. This includes any affidavits, videoconference recordings, and copies of identification documents. However, this act does not require you to file these documents with land courts or the registry of deeds.
If you use videoconferencing, however, you must be physically present in Massachusetts. When signing documents in a videoconference, the signer must disclose any person present in the room with the principal. The signer should also make that person visible to the notary, so that the notary can witness execution of the document. A document may also be notarized with a remote notarization, but it must be executed in a physical location in Massachusetts.
If your circumstances change, you must notify the Secretary of State within 10 days. This notification must include both the old and new information. In addition, the commission may be revoked due to official misconduct or other good cause. This can happen if the notary commits malpractice or is found guilty of another offense. In these circumstances, the Governor can revoke the commission.
Requirements for electronic notarization
To be able to perform electronic notarization in Massachusetts, you must first verify that you are physically located in the state. This may require you to make a videoconference or disclose whether someone else is in the same room as you. Once this has been completed, the notary will stamp your document.
Notary services in Massachusetts may be done on a computer using an application that allows you to perform e-notarization. This technology is widely available, and you can even use it to notarize documents without having to visit a real notary. If you choose to use this service, you will need a computer with a web cam capability and a document review application. This process provides the same legal standing as “wet” notarization and can be combined with electronic signatures.
For more information, check out the Massachusetts Notary’s website. It includes information about notaries in Massachusetts, including duties, oaths, and forms. You can also visit the National Notary Association for information on notaries in Massachusetts and in every state.