Massachusetts Notary Requirements and E&O Insurance

Is a notary bond required in Massachusetts?

No. Massachusetts does not require notaries public to post a surety bond. Notaries are public officers appointed by the Governor with the advice and consent of the Governor’s Council, and administered through the Secretary of the Commonwealth. The qualification process relies on the executive appointment and legislative-style council confirmation rather than on a bond.

Massachusetts notary law is in Chapter 222 of the General Laws. Under Section 13, an applicant must be at least 18 and reside — or have a regular place of work or business — within the Commonwealth. The Governor has discretion over appointments, reappointments, and renewals, and the Governor or Governor’s Council may decline to renew a commission if a notary engages in official misconduct or is otherwise unsuitable.

Because there is no bond, the public-protection role a bond plays elsewhere is handled through the appointment, oversight, and discretionary-renewal system, and through the notary’s own accountability under Chapter 222.

How to become a notary in Massachusetts

1. Confirm eligibility. You must be at least 18 and reside, or have a regular place of work or business, in Massachusetts.
2. Complete the notary public application (available from the Secretary of the Commonwealth) and agree to comply with Chapter 222 of the General Laws.
3. Submit the application for review; appointment requires approval by the Governor and the Governor’s Council.
4. After approval, qualify with the Secretary of the Commonwealth and pay the $60 fee. You do not pay this fee until you are notified that the application has been approved.

Bond vs. E&O insurance in Massachusetts

Massachusetts requires no bond, so the only optional protection product is errors and omissions (E&O) insurance. E&O is not required by the state; it protects the notary’s own finances against claims and defense costs arising from honest mistakes made while notarizing. A Massachusetts notary who wants that protection can carry E&O coverage, but neither a bond nor E&O insurance is a condition of appointment or renewal.

Renewing your Massachusetts commission

A Massachusetts commission runs seven years. To keep serving, a notary applies for reappointment before the term expires; reappointment, like the original appointment, is at the Governor’s discretion with the Governor’s Council. The Governor or Council may decline reappointment for official misconduct or unsuitability, so notaries should apply in good time and confirm current requirements with the Secretary of the Commonwealth.

Remote online notarization in Massachusetts

Massachusetts authorizes remote online notarization. The Secretary of the Commonwealth’s Commissions Section publishes the current rules, including the registration and technology requirements notaries must meet to perform remote online notarial acts. Because these requirements are administered separately from the base commission, confirm the current remote-notarization process with the Secretary of the Commonwealth before notarizing remotely.