Massachusetts Enacts New Law to Allow For 100% Remote Notarization

Governor Healey has signed into law, Chapter 2 of the Acts of 2023 (available at: Chap. 2 of the Acts of 2023 – Supp Budget (mass.gov)), which amend M. G. L. c. 222, Sections 23 through 33, allowing documents to be notarized online and completely digitally, without requiring physical stamps and signatures. This legislation outlines specific requirements for valid online notarization. The law goes into effect January 1, 2024.

The new law goes far beyond the temporary remote notarization practices permitted during the COVID-19 pandemic. Under the new statute, a notary public who desires to conduct remote acknowledgements must register with the Secretary of State and identify the online communication technology they intend to use, and may be to required complete online notarization training.

The law’s most significant changes allow remote notarization by a notary public in Massachusetts, where the signatory is not in Massachusetts including foreign countries. Additionally, an electronic image may now serve as a notarial seal. During the recent public health emergency, remote notarization was allowed only when both the signatory and notary public were located in Massachusetts, and a physical copy of the relevant document signed with wet ink was required.

In order to prevent fraud, the new law requires a notary public to: (i) have personal knowledge of the identity of the remotely located individual, (ii) identify the remotely located individual by oath or affirmation of a party who is unaffected by the document or transaction at issue, or (iii) identify the remotely located individual using at least two different forms of identification.

Before the law goes into effect, the Secretary of State is likely to adopt regulations to facilitate implementation.  Also, the process associated with recording notarized documents will require input and procedures from the Massachusetts Registry of Deeds and the Land Court.

We will advise as these new regulations and procedures are implemented.