Massachusetts has adopted an emergency law to allow the remote notarization of documents within the commonwealth. On April 27, Gov. Charlie Baker signed An Act Providing for Virtual Notarization to Address Challenges Related to COVID-19 (the act) into law. The act is effective immediately but set to expire three days after the termination of the state of emergency declared by the governor on March 10. The act permits notarizations through electronic videoconferencing, provided certain requirements are met:
Documents properly executed in accordance with the act will remain valid after the act's expiration, repeal or amendment. A will notarized remotely will be valid for probate just as it would be if all persons had been physically present at the time of signing.
For participants who do not use videoconferencing regularly, the process may necessitate one or more practice runs and additional preparation. As a result, while remote notarization may be convenient or necessary in some cases, an in-person document execution conference, during which all parties observe social distancing, often may be the preferred option. If you have questions about whether remote notarization is advisable in a particular circumstance, please contact your Day Pitney attorney.
For more Day Pitney alerts and articles related to the impact of COVID-19, as well as information from other reliable sources, please visit our COVID-19 Resource Center.
COVID-19 DISCLAIMER: As you are aware, as a result of the COVID-19 pandemic, things are changing quickly and the effect, enforceability and interpretation of laws may be affected by future events. The material set forth in this document is not an unequivocal statement of law, but instead represents our best interpretation of where things stand as of the date of first publication. We have not attempted to address the potential impacts of all local, state and federal orders that may have been issued in response to the COVID-19 pandemic.
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