A Notary Is Not A Lawyer
G.L. c. 222, § 16 — no notario, and no powers the office does not provide
In much of Latin America a notario publico is a trained lawyer holding a public office with real legal authority. In Massachusetts a notary public holds a commission, not a law license. The words look the same across the two systems and mean very different things, and Massachusetts has written that difference into the statute rather than leaving it to be discovered.
The term itself. A notary public may not use the term notario or notario publico, or any equivalent non-English term, in a business card, advertisement, notice or sign.
- A notary public may not claim powers, qualifications, rights or privileges that the office does not provide.
- A nonattorney notary may not influence a person to enter into or avoid a transaction involving a notarial act by that notary, apart from assistance the notary is qualified, trained or acting under an industry standard to give.
- A notary may not notarize a signature on a blank or incomplete document, or execute a certificate containing information the notary knows or believes to be false.
- A notary may not perform an official notarial act with the intent to deceive or defraud.
When the notary stops. A notary public does not perform a notarial act where the principal's demeanor gives the notary a compelling doubt about whether the principal knows the consequences of the transaction, or where in the notary's judgment the principal is not acting of the principal's own free will.
The practical shape of it is narrow. A notary confirms who signed and that they signed. A notary does not decide whether the document is the right document, whether it says what it needs to say, or whether signing it is sound. A notarized signature on a bad form is a witnessed signature on a bad form.
How a notary is commissioned in Massachusetts, what a notarial act requires, remote notarization, and the fees a notary may charge are set elsewhere and are not on this page. Nor does this page cover who may lawfully assist with an immigration matter, which is a federal question with its own accreditation system. Whether a particular person's help crossed the line is a question for a licensed Massachusetts attorney.
Sources for this section (1)
- G.L. c. 222, § 16 — Notarial acts that should not be performed; prohibited actions by notary public
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.