Updates
- Amended by St.2023, c.2, §§ 29-32, effective June 27, 2023
(a) (effective June 27, 2023)
Except as provided in subsection (f), a notary public shall keep, maintain, protect and provide for lawful inspection a chronological official journal of notarial acts performed by the notary public. A journal may be created on a fixed tangible medium or in an electronic format. If the journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with the rules of the state secretary, including rules concerning the regular transfer of electronic journal entries to the secretary.
(b) (effective June 27, 2023)
A notary public shall keep not more than 1 tangible journal at any time. A notary may keep more than 1 electronic journal; provided, however, that each electronic journal shall conform to the requirements of subsection (a).
(c) (effective June 27, 2023)
For every notarial act, except for the issuance of a summons or subpoena or the administration of an oral oath, the notary public shall record in the journal at the time of the notarization:
(i) the date and time of the notarial act, proceeding or transaction;
(ii) the type of notarial act;
(iii) the type, title or a description of the document, transaction or proceeding; provided, however, that if multiple documents are signed by the same principal in the course of a transaction or during a single date, a single journal entry shall be sufficient;
(iv) the signature and printed name and address of each principal and witness, except that if a principal or witness informs the notary public that the principal or witness is a battered person, the notary public shall make a note in the journal that the person's address shall not be subject to public inspection; and
(v) a description of the satisfactory evidence of identity of each person, including:
(1) a notation of the type of identification document, the issuing agency, its serial or identification number and its date of issuance or expiration; provided, however, that if the identification number on the document is the person's social security number then, instead of including the number, the notary public shall write in the words ''Social Security number'' or the acronym ''SSN'';
(2) a notation if the notary public identified the individual on the oath or affirmation of a credible witness or based on the notary public's personal knowledge of the individual;
(3) a notation indicating whether the notarial act was conducted in person or remotely;
(4) the fee, if any, charged for the notarial act, including whether a technology services fee was charged and the amount of the technology services fee; and (5) the address where the notarization was performed; provided, however, that if the notarial act was performed remotely, the notary shall include the address of the notary and each principal and witness.
(d)
A notary public shall not record a social security or credit card number in the journal.
(e)
A notary public shall record in the journal the reason for not completing a notarial act requested by a principal.
(f)
A journal shall not be required for a notary public who is an attorney admitted to practice law in any jurisdiction or who is employed by any such attorney. If an attorney or person employed by an attorney elects to maintain a journal, this section shall not be construed to impair or infringe on the attorney-client privilege or the attorney work product doctrine.
A notary public who works for a government entity shall not be required to maintain a journal for the notarial acts performed in the course of that employment.
(g)
Except as provided in subsection (f), a journal may be examined without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order or surrendered at the direction of the state secretary. Nothing in this section shall prevent a notary public from seeking appropriate judicial protective orders.
(h)
A notary public shall maintain and safeguard a journal and all other notarial records and shall surrender or destroy such records only as directed by law, court order or regulation or at the direction of the state secretary.
(i) (effective June 27, 2023)
If not in use, a journal shall be kept under the exclusive control of the notary public or a third-party technology service provider designated by the notary public; provided, however, that there is a mutual agreement by both the notary public and the third-party service provider; and provided further, that a journal shall not be used by any other notary public or surrendered to an employer upon termination of employment.
Contact for Mass. General Laws c.222 § 22
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| Last updated: | March 29, 2023 |
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