Virtual Notarization

On April 27, 2020, the Governor signed a new law into effect, “An Act Providing for Virtual Notarization to Address Challenges Related to COVID- 19,” now Chapter 71 of the Acts of 2020.

This Bulletin is intended to alert notaries public of a limitation contained in the bill as to who may perform certain notarial acts.

Section 6 of the bill limits the use of electronic video conference in real time for notarial acts to attorneys licensed in the Commonwealth of Massachusetts, or paralegals operating under the supervision of an attorney licensed in the Commonwealth of Massachusetts, for the following categories of documents:

• Documents involved with a conveyance of title to real estate;
• Wills;
• Nominations of a guardian or conservator;
• Caregiver authorization affidavits;
• Trusts;
• Durable powers of attorney; or
• Health care proxies or authorizations under the federal Health Insurance Portability and Accountability Act of 1996.

Please note, the Secretary of the Commonwealth does not regulate the conduct of notaries public. For specific questions, please review Chapter 71 of the Acts of 2020.