HOUSE DOCKET, NO. 3486        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3437

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Marcos A. Devers

_________________

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 relative to notary publics.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Marcos A. Devers

16th Essex

1/16/2015

Chris Walsh

6th Middlesex

8/5/2019

Denise Provost

27th Middlesex

8/5/2019

Paul J. Donato

35th Middlesex

8/5/2019

Jay D. Livingstone

8th Suffolk

4/14/2015

Daniel J. Ryan

2nd Suffolk

8/5/2019


HOUSE DOCKET, NO. 3486        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3437

By Mr. Devers of Lawrence, a petition (accompanied by bill, House, No. 3437) of Marcos A. Devers and others relative to the furnishing of legal advice or services for a fee by a notary public not in good standing.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to notary publics.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 221 of the General Laws is hereby amended by inserting after section 46D, as appearing in the 2012 Official Edition, the following section:-

Section 46E. (a) No person acting in his or her capacity  as a notary public commissioned pursuant to chapter 222, not being a member, in good standing, of the bar of the commonwealth, shall furnish or offer to furnish legal advice or services for a fee.

(b) A violation of subsection (a) shall constitute an unfair or deceptive act or practice pursuant to chapter 93A.

(c) Whoever violates subsection (a) shall be punished for a first offense by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 2 and one-half years, or by a fine of not less than $1,000 but not more than $10,000, or by both such fine and imprisonment.

(d) This section shall not prohibit a person who is a member of the bar, in good standing, of any other state from appearing, by permission of the court, as attorney or counselor, in any case pending therein, if such other state grants like privileges to members of the bar, in good standing, of this commonwealth.

SECTION 2. Section 1 of chapter 222 of the General laws, as so appearing, is hereby amended by adding the following sentence:- Upon appointment of any person to office as a notary public, the secretary of state or an employee thereof shall inform such person of the penalties set forth in section 46E of chapter 221 for furnishing or offering to furnish legal advice or service for a fee without being a member, in good standing, of the bar of the commonwealth.