For the purposes of recording, the document must have written reference noting the intent to electronically sign and the act of the signatory described in accordance with MGL c.110G section 9 on the document, above the signature box.
The following documents ONLY will be accepted with electronic signatures:
- Order of Conditions
- Certificate of Compliance
- Order of Taking
- Approvals from DEP (usually in letter form)
- Order of Resource Area Delineation, Determination of Applicability, Denial or Order of Conditions, (Documents from Conservation Commissions or DEP)
- Extension permits (Conservation Commissions or DEP)
- Extension of Special Permits/Variance-Decisions (from Planning or Zoning Boards)
- Permits (issued by Conservation Commissions, DEP or Mass Water Resources Authority)
- Licenses (issued by DEP)
- Letters issued by Municipal Light Departments
- Cert of Dam Safety Permit (letter issued by state Conservation & Recreation)
Each city/town must record at the Registry of Deeds a Certificate of Vote from the municipal board or commission accepting the provisions of MGL CH. 110G regarding electronic signatures. See the Massachusetts Deed Indexing Standards, April 2020 Amendments for further information.
For the purposes of recording, above the signatory box, the document must have written reference noting the intent to electronically sign and the act of the signatory described in accordance with MGL CH. 110G § 9 on the document and the book and page reference of the Certificate of Vote recorded at the Registry.
MGL Ch. 110G, §7
- A record or signature may not be denied legal effect or enforceability solely because it is in electronic form
- A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
- If a law requires a record to be in writing, an electronic record satisfies the law.
- If a law requires a signature, an electronic signature satisfies the law.
MGL CH. 110G, §9
- An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
- The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by law.