The Massachusetts legislature and governor recently enacted a supplemental budget bill that includes new laws allowing for use of remote online notarizations. The bill passed is entitled “Chapter 2 of the Acts of 2023” and includes supplemental appropriations for 2023. Inserted into the bill’s language are several sections that modify existing laws on notarial acts and create a new ability to satisfy personal appearance of a signer using remote communication technology.
The bill will require two methods of identity proofing any signer similar to other state requirements, including options such as a Knowledge-Based Authentication Assessment to satisfy those requirements. Notaries will be required to register with the state before completing notarizations using communication technology. The state secretary is required to establish standards for approval of technology providers and to maintain a registry of approved providers for both the communication technology used to complete remote notarizations and identity proofing.
Notaries will be required to indicate on a completed notarial certificate when a notarial act is performed remotely using communication technology and must identify the county that the notary is physically present in while performing the notary act. The attorney conducting a mortgage closing is also required to register their bar number on the notarial certificate as part of the remote notarization.
While some provisions of the updated notarial laws will be effective 90 days after the bill is effective, other provisions will not be effective until January 1, 2024. As a result of the provisions that would not be effective until January 1, 2024, the ability to complete a remote online notarization in Massachusetts will not be available until January 1, 2024.
