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HOUSE DOCKET, NO. 860 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1699
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Brian W. Murray
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act making technical changes to the laws regulating a certain notarial act.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brian W. Murray10th Worcester1/17/2023 1 of 3
HOUSE DOCKET, NO. 860 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1699
By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1699) of
Brian W. Murray relative to making technical changes to the laws regulating a certain notarial
act. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act making technical changes to the laws regulating a certain notarial act.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 183 of the General Laws is hereby amended by striking out section
242 and inserting in place thereof the following new section:
3 Section 42. The forms set forth in the appendix to this chapter and in section 15 of
4chapter 222 for taking acknowledgments to deeds and other instruments and for certifying the
5authority of officers taking proofs or acknowledgments may be used but the existence of those
6forms shall not preclude the use of any other forms lawfully used as required or authorized by
7any general or special law or any regulation or executive order regulating notaries public,
8including forms that acknowledge the act of an individual executing a document in a
9representative capacity but fail to acknowledge the deed or instrument as the act of the principal
10or grantor.
11 SECTION 2. Section 1 of chapter 222 of the General Laws is hereby amended by striking
12out the definition of “Acknowledgment” and inserting in place thereof the following: 2 of 3
13“Acknowledgment”, a notarial act in which an individual, at a single time appears, in person,
14before a notary public, is identified by the notary public through satisfactory evidence of identity
15and presents a document to the notary public and indicates that the individual has executed the
16document for the purposes stated therein, and, if applicable, that the individual was authorized to
17sign in a particular representative capacity and did so as the act of the person or entity stated
18therein.
19 SECTION 3. Section 15 of said chapter 222 is hereby amended by striking out subsection
20(b) and inserting in place thereof the following subsection:
21 (b) A notary public shall take the acknowledgment of the signature or mark of persons
22acknowledging for themselves or in any representative capacity by using substantially the
23following form:
24 “On this ____ day of ___________, 20__, before me, the undersigned notary public,
25________________________ (name of document signer) personally appeared, proved to me
26through satisfactory evidence of identification, which were _______________________, to be
27the person whose name is signed on the preceding or attached document, and acknowledged to
28me that (he) (she) signed it for its stated purpose.
29 (as partner for ____________, a partnership)
30 (as ____________ for ______________, a corporation or other entity)
31 (as attorney in fact for ________________, the principal)
32 (as ___________ for _______________, (a) (the) _________________)
33 as the act of the (partnership)(corporation or other entity)(principal)( ). 3 of 3
34 _________________ (official signature and seal of notary public)”.
35 SECTION 4. Section 20 of said chapter 222 is hereby amended by removing the words
36“voluntary or free” from the third numbered paragraph of subsection (b).
37 SECTION 5. Form 13, as set forth in the appendix to chapter 183 of the General Laws, is
38hereby amended by removing the word “free.”
39 SECTION 6. Form 14, as set forth in the appendix to chapter 183 of the General Laws, is
40hereby amended by removing the word “free.”
41 SECTION 7. Form 15, as set forth in the appendix to chapter 183 of the General Laws, is
42hereby amended by removing the word “free.”