An acknowledgment should be dated; however, the date of the acknowledgment may be either before or after the date of execution appearing on the instrument (regardless of length of time).
The name of the notary or other official before whom the acknowledgment has been made should be legible. It is suggested that the name of the notary or other official taking the acknowledgment be typed or printed below the signature line for such notary or other official.
The date that a notary public’s commission expires should be indicated beneath the name of the notary public.
The following documents must be acknowledged in order to be recorded:
- Deeds (excepting conveyances from the United States) - see G.L. Chapter 183 § 29. Included in this category, based on the broad definition of deed, are easement deeds, mortgage deeds, deeds of trust, release deeds found in boundary line agreements, leases, notices of leases, options to purchase, options to lease, assignments of mortgages, collateral assignments of mortgages and collateral assignments of leases.
- Purchase and Sale Agreements; see G.L. Chapter 54 § 17A.
- Discharges and Partial Releases pursuant to G.L. Chapter 183 § 54, 54B and 54C.
- Powers of Attorney; see G.L. Chapter 183 § 32.
- Homesteads and releases of same; see G.L. Chapter 188.
- Receipts of federal revenue collectors for succession taxes; see G.L. Chapter 36 § 16.
- Subdivision Covenant Releases and Clerk's Certificates; see G.L. Chapter 41 § 81u.
- Tax redemptions; see G.L. Chapter 60 § 62.
- Incorporation certificates re Roman Catholic Church; see G.L. Chapter 68 § 44.
- Liens for failure to reimburse the Commonwealth of Massachusetts for removal of wharfs or piers; see G.L. Chapter 91 § 49B.
- Veteran's agent liens and discharges or satisfactions thereof; see G.L. Chapter 115 § 5A.
- Dissolutions of attachments by plaintiff, or his executor, administrator or attorney of record; see G.L. Chapter 223 § 132.
- Notices or other instruments required or required or permitted to be recorded by G.L. Chapter 254; see G.L. Chapter 254 § 30.
- Release of Notice of Contract.
- Planning Board Release.
- Declaration of Trust.
- Resignation of Trustee.
- Release of Damages (General Releases).
Instruments not on this list do not require acknowledgments in order to be registered.
The forms of certificates of acknowledgment and jurat, as well as the forms of official seals and stamps, set forth in Executive Order Revised No. 455 (03-13) 2004, extracts of which are attached, are acceptable for registration by the court’s registration districts.
Registration districts of the Land Court should not refuse to register documents either (a) because they bear official notarial seals and stamps which are not in the form, or do not contain the content, required by said Executive Order, or (b) because they do not contain the form of certificate of acknowledgment or jurat set forth in said Executive Order, provided, however, that those documents would have been acceptable for registration before the promulgation of Executive Order No. 455.
In case of any doubt as to the form of certificate of acknowledgment or jurat being used, district personnel should contact the Chief Title Examiner in Boston or his or her designee.
Extracts from Executive Order revised No. 455 (03-13)
“Standards of Conduct for Notaries Public”
Section 5(c).
“A notary shall keep an official notarial seal or stamp that is the exclusive property of the notary, which may not be used by any other person.
- A notary public shall obtain a new seal or stamp if the notary public renews his or her commission, receives a new commission, or changes his or her name.
- The notarial seal or stamp shall include: the notary public’s name exactly as indicated on the commission; the words “notary public,” “Commonwealth of Massachusetts” or “Massachusetts”, and “my commission expires on [commission expiration date]” or “commission expires on [commission expiration date]” or “commission expires [commission expiration date]”; and a facsimile of the great seal of the Commonwealth of Massachusetts.
- Each new notarial seal that uses ink shall, after the date of this Executive Order, use black ink.
- A notary public may satisfy the requirements of this section by using a stamp and a seal that together include all of the information required by this section.”
Section 5(d).
“A notary shall take the acknowledgment of the signature or mark of persons acknowledging for themselves or in any representative capacity by using substantially the following form:
On this [day] of [month], [year], before me, the undersigned notary public, personally appeared [name of document signer], provided to me through satisfactory evidence of identification, which were [type of identification], to be the person whose name is signed on the preceding or attached document, and acknowledged to me that [he/she/they] signed it voluntarily for its stated purpose
(as partner for [name of partnership], a partnership).
(as [title] for [name of corporation], a corporation).
(as attorney in fact for [name of principal], the principal).
(as [title] for [name of entity], [a/the] [type of entity]).
[Official signature and seal of notary]”
Section 5(e).
“A notary shall use a jurat certificate in substantially the following form in notarizing a signature or mark on an affidavit or other sworn or affirmed written declaration:
On this [day] of [month], [year], before me, the undersigned notary public, personally appeared [name of document signer], proved to me through satisfactory evidence of identification, which were [type of identification], to be the person whose name is signed on the preceding or attached document, and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of [his/her/their] knowledge and belief.
[Official signature and seal of notary]”