Massachusetts (MA)
Remote Online Notaries Professional Liability Insurance in Massachusetts
Massachusetts permanent RON law, codified at MGL c.222, § 28, enables notaries to perform acts using communication technology for principals located anywhere in the world. The Commonwealth requires rigorous identity proofing—specifically two different types of verification (KBA and credential analysis)—and mandates a 10-year retention of audiovisual recordings. Massachusetts notaries who perform RON typically protect themselves with Errors and Omissions (E&O) insurance that covers the unique cyber and digital risks of remote work.
Remote Online Notaries in Massachusetts at a glance
- Statutory Citation
- MGL c.222, § 28
- Identity Proofing
- 2 Different Types
- Recording Retention
- 10 years
- Authority
- MA Secretary of the Commonwealth
Effective for permanent RON as of January 1, 2024.
Usually KBA and credential analysis.
Audiovisual recordings must be stored for a decade.
Oversees all notarial commissions and regulations.
MA RON Statutes and Identity Proofing
Effective January 1, 2024, Massachusetts notaries can perform remote acts if they are physically located in the Commonwealth at the time of the act. The law requires 'satisfactory evidence' of identity, which for remote acts means either personal knowledge or at least two different types of identity proofing processes.
Most Massachusetts notaries use a combination of automated credential analysis (to verify a photo ID) and knowledge-based authentication (KBA) questions to meet this statutory burden. The technology used must allow for real-time, simultaneous audio-visual communication.
Massachusetts Recording and Journal Requirements
Massachusetts law requires that the notary public, or someone acting on their behalf, creates an audiovisual recording of the performance of the notarial act. This recording must be maintained for at least ten years from the date of the act.
In addition to the recording, MA notaries must maintain a journal of all notarial acts. For remote acts, the journal entry must indicate that the act was performed using communication technology and specify the type of technology used. These records are critical for the notary's legal defense in the event of a dispute.
Insurance and Risk Mitigation in MA
The transition to RON in Massachusetts brings new liabilities, such as the potential for technical errors during the digital signing or the loss of stored data. Standard E&O policies may not automatically include these digital-first risks.
Massachusetts notaries are encouraged to seek insurance policies that explicitly cover 'electronic notarization' and to ensure their coverage amounts are sufficient to handle potential claims related to high-value real estate or legal documents often handled via RON.
Remote Online Notaries FAQs for Massachusetts
General guidance, not legal advice. Confirm current rules with the Massachusetts Division of Insurance or talk with a licensed US Professional Insure agent.