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November 26, 2024
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Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (MCA 30-3-510[2]).
Requirements: [A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (MCA 30-3-510[2]).“A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in 30-3-510(1)(b)” (MCA 1-5-603[5]).
“The notarial [act] of … noting a protest of a negotiable instrument may be performed only by notaries who are knowledgeable of the applicable associated legal requirements” (MCA 1-5-604[4]).
In-Person Electronic Notarial Acts
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Definition: “In-Person Electronic Notarization – IPEN –This type of notarization, sometimes called ‘eNotarization’ has been around for almost 20 years, and has been legal in Montana since 2015. Montana notaries must perform IPEN notarizations within the state of Montana. IPEN involves:
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Standards: “Once notarized, the title becomes a ‘negotiable instrument’ and ownership is readily transferred to the person holding the title. For this reason, Montana notaries are urged to be particularly conscientious when asked to notarize a title.
“● The preprinted notary certificates on most, if not all, of the older Montana titles do not accurately contain all the information required in a proper notarial certificate. You are responsible for ensuring the notarial certificate is complete. NOTE: The ‘venue’ is missing on most (though not all) older title forms. You must include the location where the notarization was performed: ‘State of Montana, County of __________.’
“● If there are two or more owners listed on a title, they do not have to have their signatures notarized at the same time or by the same notary, but all individual sellers’ signatures must be notarized. The sellers sign and print their names on the lines provided on the title; the first notary should use the ‘preprinted certificate’ and be sure to specify whose signature was notarized (‘Signed and sworn before me by John Smith (only)’). The subsequent notary completes a full notarial certificate either on the title (in the lien holder’s section, if there is enough room) or on a separate designated notarial certificate for [a] Montana Motor Vehicle Title....
“● The Montana Motor Vehicle Division will not accept a title with information that has been in any way corrected or crossed out without a Statement of Fact (MV100) form. The form will have to be completed and filed with the Title….
“● Notaries may place their seals in the lien holder section, just to the left of the signature in the notarial certificate on the older title forms. The notary stamp must not cover any information shown in the lienholder section. The new version has a space specifically designed for the new seal/stamp units that will be easier to use.
“● Not every state requires that its titles be notarized. When asked to notarize an out-of-state title, be sure to check to see: (1) if it needs to be notarized; and (2) whose signatures, if any, must be notarized” (NPH).Open Titles: Older versions of the Montana motor vehicle title bear wording forbidding notarization unless the title contains the name(s) of the purchaser(s). Titles without this information are considered “open.”
“A notary may disregard the open title admonition on the title (versions 2006 to 2010) and proceed with notarization of the vehicle owner’s (seller’s) signature — even though the purchaser’s name and address is not entered in section 1 of the title — if the notary has properly identified the signatory in accordance with the requirements of their commission. The notary is not required to interpret and/or enforce Montana title laws when acknowledging signatures on a Montana title document” (NPH, citing a message from the Motor Vehicle Division).Electronic Signatures: Effective March 25, 2011, Montana law permits the use of electronic signatures on a certificate of title or on a limited power of attorney assigning ownership of a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat or snowmobile. If an electronic signature is used, the requirement of acknowledgment before a Notary is waived (MCA 61-3-205[2]).
In-Person Electronic Notarial Acts
Applicable Law
Effective July 1, 2001, Montana enacted with amendments the Uniform Electronic Transactions Act (MCA 30-18-101 through 30-18-118), including its standard provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (MCA 30-18-110).
Montana has enacted the Revised Uniform Law on Notarial Acts provisions regarding notarizations on electronic records.
Jurisdiction: “Montana notaries may only perform eNotarizations within the borders of Montana” (website, “eNotarization and Remote Notarization”).Selection of Technology
Electronic Notarization System
Selection by Notary: “(a) A notarial officer may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records.
“(b) A person may not require a notarial officer to perform a notarial act with respect to an electronic record with an electronic notarization system that the notarial officer has not selected” (MCA 1-5-615[1]).Provider Duty: “An electronic notarization system provider shall take reasonable steps to ensure that a notary public opting to use the provider’s system has the knowledge to use it to perform electronic notarial acts in compliance with this part” (MCA 1-5-615[b][2]).
Technology Systems
Approval of System Providers: Required.
List of Approved System Providers: The Secretary of State maintains a list of technology systems currently approved for use by Montana Notaries at https://sosmt.gov/notary/technology-based-notarization-remote-r-o-n-ipen/.
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“(1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state if the notarial act performed in the jurisdiction of the tribe is performed by:
“(a) a notary public of the tribe;
“(b) a judge, clerk, or deputy clerk of a court of the tribe; or
“(c) any other individual authorized by the law of the tribe to perform notarial acts.
“(2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the notarial officer to perform a notarial act” (MCA 1-5-606).
Notarial Acts Under Federal
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Law
“(1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the notarial act performed under federal law is performed by:
“(a) a judge, clerk, or deputy clerk of a court;
“(b) an individual in the military service of the United States or performing duties under the authority of the military service if authorized to perform notarial acts under federal law;
“(c) an individual designated as a notarizing officer by the United States department of state for performing notarial acts overseas; or
“(d) any other individual authorized by federal law to perform notarial acts.
“(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
“(3) The signature and indicated title of an officer described in subsection (1) conclusively establish the authority of the officer to perform a notarial act” (MCA 1-5-607).
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