Massachusetts § 27 - Tamper-evident technologies to perform notarial acts; recording of documents

§ 27. Tamper-evident technologies to perform notarial acts; recording of documents

Section 27. (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.