Amendment #779 to H4400

Update Notarization Fees

Representatives Gentile of Sudbury, Walsh of Framingham, Lewis of Framingham, Provost of Somerville and Ashe of Longmeadow move to amend the bill by adding the following section:

“SECTION X.

“Section 41 of Chapter 262 of the General Laws, as appearing in the 2016 official edition is deleted in its entirety and the following substituted in its place:

Section 41.   The fees of notaries public shall be as follows:

For the following notarial acts, the maximum fee shall be $10.00 per signature: (a) acknowledgments; (b) oaths and affirmations; (c) jurats; (d) signature witnessing; (e) copy certifications; (f) issuing summonses for witnesses pursuant to section 1 of chapter 233; and (g) issuing subpoenas.

For witnessing the opening of a bank safe, vault or box pursuant to section 32 of chapter 167, the maximum fee shall be $25.00.

Any amount received by a notary public as a direct result of a notarial act, by way of commission, fee, advantage, right, title, interest, cash, property, or other consideration shall not exceed the maximum fee specified herein, provided, however, that this clause shall not preclude a notary public who is  licensed as an attorney in the Commonwealth or is employed by an attorney so licensed from performing notarial acts relative to any document in connection with which the attorney receives a legal fee for professional services.

Notwithstanding the foregoing, no fee shall be charged by a notary public to notarize a signature on (a) an absentee ballot identification envelope or other voting materials for a municipal, state or federal election, or (b) on any application or claim by a United States military veteran for a pension, allotment, allowance, compensation, insurance or other veterans’ benefit”.".