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Bill > S2064


MA S2064

MA S2064
Regulating notaries public to protect consumers and the validity and effectiveness of recorded instruments


summary

Introduced
11/18/2015
In Committee
06/13/2016
Crossed Over
07/31/2016
Passed
09/29/2016
Dead
Signed/Enacted/Adopted
10/06/2016

Introduced Session

189th General Court

Bill Summary

Regulating notaries public to protect consumers and the validity and effectiveness of recorded instruments

AI Summary

This bill aims to strengthen regulations for notaries public to better protect consumers and ensure the validity of legal documents. It clarifies that acknowledgments of deeds and other instruments must be made by the grantor or their authorized representative. The bill also defines various notarial acts, such as acknowledgments, affirmations, jurats, and signature witnessings, and specifies the requirements for each, including the need for satisfactory evidence of identity for the person appearing before the notary. It outlines specific rules for notary seals and stamps, mandates the keeping of a notarial journal to record acts performed (with exceptions for attorneys and government employees), and details grounds for denying or revoking a notary commission, such as misrepresentation or criminal convictions. Furthermore, the bill prohibits non-attorney notaries from providing legal advice or implying they are attorneys, particularly in immigration matters, and establishes penalties for violations, including fines and potential imprisonment, as well as civil remedies for those harmed by misconduct. Finally, it clarifies that the failure to use specific forms or comply with certain procedural requirements will not invalidate an underlying document or its recording, and it exempts notaries from charging fees for notarizing absentee ballots and certain veteran benefit documents.

Committee Categories

Budget and Finance

Sponsors (0)

No sponsors listed

Last Action

Signed by the Governor, Chapter 289 of the Acts of 2016 (on 10/06/2016)

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