Mass. Gen. Laws ch. 222 § 27

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 222:27 - Notaries; use of tamper-evident technology in performan of notarial acts with respect to electronic records
(a) A notary public may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. Any technology approved by the state secretary pursuant to subsection (h) of section 28 and selected by a notary public shall require the notary public's electronic signature and electronic seal to be:
(i) unique to the notary public;
(ii) capable of independent verification;
(iii) retained under the sole control of the notary public; and
(iv) attached to or logically associated with the electronic record in a tamper-evident manner.
(b) A tangible copy of an electronic record shall be accepted as the equivalent of an original document for purposes of recording said copy; provided, however, that:
(i) the copy contains a notarial certificate that satisfies all requirements for an original document to be accepted for recording;
(ii) the copy satisfies all requirements for recording an original document set forth in chapters 183 and 185, as applicable; and
(iii) the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.

Mass. Gen. Laws ch. 222, § 27

Added by Acts 2023 , c. 2, § 33, eff. 1/1/2024.