The purpose of a Notary Public has withstood the test of time ever since Christopher Columbus brought the first notary to the New World in October 1492*.  Throughout centuries, notarizing a document has slowly evolved as a trusted way to formalize a contract.  Early on, certain rules applied to a Notary Public throughout the years – such as requiring election by a state’s general assembly, formalization of contracts with a fancy embossed wax seal (with the impression of a coat of arms**) and ensuring that the Notary Public was a male.

How ironic that it would take a primordial event like warding off plague to modernize the practice and change the way we write and enforce contracts.

“Although temporary, this new law could be a precursor to modernizing our legal system,” Robert R. Pellegrini, Jr. Esq., president of PK Boston Law

To the relief of attorneys and anyone needing to notarize a legal document, Massachusetts’ Remote Notarization Act was passed on April 27th. Put in place by Massachusetts Governor Charlie Baker it aims to allow Massachusetts businesses to continue legal transactions unimpeded via video conference, at least temporarily.  Remote notarization can be applied to: 

  • A Power of Attorney 
  • Closing documents  
  • Mortgages
  • Wills
  • Real estate title transfers
  • Caregiver authorization affidavits 
  • “Other” legal matters

Remote Notarization Act

Purpose:
To sign documents at home while a notary and witnesses observe via video conferencing technology

Approved for:

  • Estate planning documents
  • Real estate transactions.

Current Status:
This is a temporary measure permitted while the Commonwealth remains in a state of emergency and for three business days after it is lifted.  

Filing:
The notary must make an audio and video recording and keep it for 10 years.

Real Estate:
Two videoconferences are required..  Otherwise, just one is necessary. Once the original comes back to the notary, the notary then must videoconference the signer.  During that conference, the signer must again swear or affirm that he is physically located in Massachusetts and disclose to the notary any persons in the room and show them on video.  Then and only then may the documents be notarized.  ALSO, for real estate documents, the signer must provide two forms of identification unless the signer is personally known to the notary.

Only a MA attorney or paralegal under direct supervision may notarize Estate Planning Documents

Rules:

All signatories must be located in MA

The signers must disclose anyone in the room and make that person visible to the notary

The notary must observe the person actually signing (can’t accept an acknowledgement)

The notary must still obtain satisfactory evidence of the identity of the signer

The notarial certificate must include language that the document was notarized remotely pursuant to the Remote Notarization Act and include the county where the notary was located.

The notary must complete an affidavit

After signing, the signer must have the originals delivered to the notary

THE NOTARIES AFFIDAVIT: must state that the notary has received a copy of each signer’s identification and visually inspected it during the call (if applicable); obtained the person’s oral consent to video-record the conference; taken each signer’s statement that she or he was present in MA; and note on the affidavit each other person who was present in the room and such individual’s relationship to the signer.  The affidavit must be retained for 10 years.  The affidavit does not have to be recorded.

PK Boston Law is a full-service law firm that offers legal counsel to real estate developers, contractors and businesses in the Greater Boston area.

Robert Pellegrini
President

The above information is designed to provide a helpful overview of a relevant topic. It does not constitute legal advice nor should it be construed as such. Please do not take action based on the above information without seeking formal legal advice. If you would like additional information, please contact Attorney Robert Pellegrini, Jr. at (508) 807-1131 or email us at info@pkboston.com

*ABCLegalDocs.com: Rodrigo de Escobedo of Segovia was the first notary in North America upon his arrival in October 1492. Escobedo landed with Christopher Columbus, having come to the New World on the flagship Santa Maria as Secretary of the Fleet. Escobedo witnessed documents for King Ferdinand of Aragon and Queen Isabella of Castile as their royal notary.

**American Association of Notaries