MA Notary Acknowledgments and Certifications 2 — Questions and Answers
Question 1: Can a Massachusetts notary certify a copy of a vital record such as a birth certificate?
- Yes, for any document
- No, vital records issued by government agencies cannot be copy-certified by a notary (Correct answer)
- Yes, only if the original is presented
- Only with the Secretary of State's permission
Correct answer: No, vital records issued by government agencies cannot be copy-certified by a notary
Notaries may not certify copies of vital records (birth, death, marriage certificates) because only the issuing government agency can provide certified copies.
Question 2: What is a 'signature witnessing' notarial act?
- An act where the notary swears the signer's identity is genuine
- An act where the notary observes the signer sign the document and identifies them, without requiring an oath (Correct answer)
- An act identical to a jurat
- An act performed only for wills
Correct answer: An act where the notary observes the signer sign the document and identifies them, without requiring an oath
In a signature witnessing, the notary verifies the signer's identity and watches them sign the document, but does not administer an oath about the document's contents.
Question 3: When a Massachusetts notary affixes their seal to an acknowledgment, what does the seal confirm?
- That the document's contents are accurate
- That the notarial act was performed by an authorized Massachusetts notary (Correct answer)
- That the document has been recorded
- That the document is tax-exempt
Correct answer: That the notarial act was performed by an authorized Massachusetts notary
The notary seal authenticates the notarial certificate and confirms the act was performed by a duly commissioned Massachusetts notary.
Question 4: What should a Massachusetts notary do if the venue (state/county) on a pre-printed certificate is incorrect?
- Sign and seal it anyway
- Cross out the incorrect information, enter the correct venue, and initial the change (Correct answer)
- Refuse to notarize the document
- Ask the signer to obtain a new document
Correct answer: Cross out the incorrect information, enter the correct venue, and initial the change
The notary should correct any pre-printed venue information to accurately reflect the actual location where the notarization is being performed.
Question 5: What is required for a 'subscribing witness' notarial act in Massachusetts?
- The signer must appear before the notary
- A third party who witnessed the original signing appears before the notary and swears the principal signed the document (Correct answer)
- Two notaries must be present
- The document must be recorded at the registry
Correct answer: A third party who witnessed the original signing appears before the notary and swears the principal signed the document
In a subscribing witness notarization, the person who watched the original signing appears before the notary and takes an oath that they witnessed the principal sign.
Question 6: Can a Massachusetts notary add a loose notarial certificate to a document?
- No, certificates must always be printed on the document itself
- Yes, a loose certificate may be stapled to the document when space is insufficient (Correct answer)
- Only for real estate documents
- Only with court approval
Correct answer: Yes, a loose certificate may be stapled to the document when space is insufficient
When there is insufficient space on a document for the notarial certificate, a separate loose certificate page may be prepared and attached to the document.
Can a Massachusetts notary certify a copy of a vital record such as a birth certificate?