Massachusetts laws on notaries public can be found in Laws of Massachusetts.  Pursuant to ALM Constitution Amend. Art. LVII, notaries public in the state of Massachusetts are appointed by the governor.  A notary public holds the office for a period of seven years.  A notary public can be removed by the governor with the consent of the council.  Consent of the council is obtained upon the address of both houses of the legislature[i].

Pursuant to ALM Constitution Amend. Art. LVII, women are eligible to be appointed as notaries public.  Upon the change of name, she should re-register under her new name and should pay required fee established by the general court.

Pursuant to ALM GL ch. 9, § 15A, a notary public, whose name has been changed by marriage or decree of court and has failed to re-register as required by law, continues to act as such after such change of name, the state secretary, upon the application can issue a certificate validating all the acts done after such change of name.  Additionally, a notary public whose commission has expired, continues to act as such after expiration, the state secretary, upon the application of such person can issue a certificate validating all the acts done after expiration.  In order to obtain certificate of validity, the notary public must the pay a fee of five dollars[ii].

Pursuant to ALM GL ch. 222, § 1, notaries public and their commissions have jurisdiction throughout the commonwealth when acting under the sole authority of such a commission.  Notaries public can administer oaths or affirmations in all cases in which an oath or affirmation is required.  Additionally, notaries public can take acknowledgments of deeds and other instruments[iii].

Pursuant to ALM GL ch. 222, § 10, a person knowingly destroying, defacing or concealing the records or official papers of a notary public shall forfeit not more than one thousand dollars and is liable for damages to any person injured by such act[iv].

Pursuant to ALM GL ch. 262, § 41, the fees of notaries public are limited to:

• for the protest of a bill of exchange, order, draft, promissory note or check for non-acceptance or non-payment and the amount is five hundred dollars or more, the fee is limited to one dollar;
• for the protest of a bill of exchange, order, draft, promissory note or check for non-acceptance or non-payment and the amount is less than five hundred dollars, the fee is limited to fifty cents;
• for recording a bill of exchange, order, draft, promissory note or check, the fee is limited to fifty cents;
• for noting the non-acceptance or non-payment of a bill of exchange, order, draft or check or the non-payment of a promissory note, the fee is limited to seventy-five cents; and
• for each notice of the non-acceptance or non-payment of a bill, order, draft, check or note, given to a party liable for the payment, the fee is limited to twenty-five cents;

Pursuant to ALM GL ch. 262, § 41, the fees which a notary public can demand is further limited.  The whole cost of protest, including necessary notices and the record, when the bill, order, draft, check or note is of the amount of five hundred dollars or more, the fee should not exceed two dollars.  Additionally, when the whole cost of protest, including necessary notices and the record, when the bill, order, draft, check or note is less than five hundred dollars, the fee should not exceed one dollar and fifty cents.  Moreover, the whole cost of noting, including recording and notices should in no case exceed one dollar and twenty-five cents[v].

[i] ALM Constitution Amend. Art. LVII.

[ii] ALM GL ch. 9, § 15A.

[iii] ALM GL ch. 222, § 1.

[iv] ALM GL ch. 222, § 10.

[v] ALM GL ch. 262, § 41.