Wednesday, April 29, 2020
This bill has a number of requirements for remote notarization. The following is a summary of the requirements of the new law:
● Notary must witness signing of document by video and acknowledgment by principal
● Notary and Principal are physically within Massachusetts (Principal swears or affirms this to Notary)
● Principal discloses all other people in the room with Principal
● Principal provides Notary with proof of identity
○ Government issued
○ Photo ID
○ ID displayed on video and then image of front and back emailed or faxed to Notary or sent with document
● Original document sent to Notary by delivery or courier service
● Notary record retention 10 years
● If the document being notarized relates to the title to land the principal and notary must have a second video conference in which the principal verifies that the document received by the notary is the correct document. A second form of identification is also required.
● When notary affixes notary seal the recital must indicate that the document was remotely acknowledged
● Notary executes an affidavit in which the notary states compliance with all of the requirements under the statute and retains the affidavit for 10 years.
● Certain documents may only be notarized by a notary public who is also a lawyer or a paralegal working under the supervision of a lawyer.
Attorney Alan Pransky is also a notary and can assist people who have a need to have documents signed before a notary public.