§ 8 — Acknowledgment of instrument; printed or typed name; expiration date; official notarial seal or stamp

Massachusetts § 8

• Jurisdiction: Massachusetts
• Part III: COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
• Title I: COURTS AND JUDICIAL OFFICERS
• Ch. 222: JUSTICES OF THE PEACE, NOTARIES PUBLIC AND COMMISSIONERS

Text

Section 8. (a) When taking an acknowledgment of an instrument or administering an oath for an instrument filed in court, a justice of the peace, notary public or other person duly authorized shall print or type such justice of the peace, notary public or other person's name directly below such person's signature and affix thereto the date of the expiration of such person's commission in the following language: "My commission expires _____.''[ Subsection (b) effective until June 27, 2023. For text effective June 27, 2023, see below.](b) A notary public shall keep an official notarial seal or stamp that shall be the exclusive property of the notary public. A notary public shall not permit another to use such notarial seal or stamp. A notary public shall obtain a new seal or stamp upon renewal of the commission, upon receipt of a new commission or if the name of the notary public has changed. The notarial seal or stamp shall include: (i) the notary public's name exactly as indicated on the commission; (ii) the words "notary public'' and "Commonwealth of Massachusetts'' or "Massachusetts''; (iii) the expiration date of the commission in the following words: "My commission expires _____''; and (iv) a facsimile of the seal of the commonwealth. If a notarial seal that requires ink is employed, black ink shall be used. The requirements of this subsection shall be satisfied by using a stamp and a seal that, together, include all of the information required by this section. Failure to comply with this section shall not affect the validity of any instrument or the record thereof.[ Subsection (b) as amended by 2023, 2, Sec. 25 effective June 27, 2023. See 2023, 2, Sec. 84. For text effective until June 27, 2023, see above.](b)(1) A notary public shall keep an official notarial seal that shall be the exclusive property of the notary public. A notary public shall not permit another to use such notarial seal. A notary public shall obtain a new seal upon renewal of the commission, upon receipt of a new commission or if the name of the notary public has changed. The notarial seal shall include: (i) the notary public's name exactly as indicated on the commission; (ii) the words "notary public'' and "Commonwealth of Massachusetts'' or "Massachusetts''; (iii) the expiration date of the commission in the following words: "My commission expires ___''; and (iv) a facsimile of the seal of the commonwealth.(2) If a notarial seal that requires ink is employed, black ink shall be used. The seal of a notary public may be a digital image that appears in the likeness or representation of a traditional physical notary public seal. Only the notary public whose name and registration number appear on an electronic seal shall affix said seal. If the seal is electronically generated, it shall include the words "Electronically affixed''. The requirements of this subsection shall be satisfied by using a seal that includes all of the information required by this section.(3) A notary public shall attach or logically associate the notary public's electronic signature and electronic seal to an electronic record that is the subject of a notarial act by use of the digital certificate in a matter that is capable of independent verification and renders any subsequent change or modification to the electronic document tamper evident.