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Required (MCA 1-5-609[1][ab][vii).
Notary Journal
Required (MCA 1-5-618[2][a]).
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The Montana Secretary of State appoints and commissions the state’s Notaries (MCA 1-5-619[3]), regulating their activities and maintaining records on them (MCA 1-5-621[1] and 1-5-628) and maintaining records on them.
Contact Information
Address: Office of Secretary of State
Notary and Certification Services
P.O. Box 202801
(1236 1301 E. 6th Avenue)
Helena, MT 59620-280159601Phone: 406-444-5379; 406-444-1877
Website: https://sosmt.gov/notary
Laws, Rules, and Guidelines
Laws
Montana Code Annotated: Most Notary statutes are in the Montana Code Annotated (MCA), Title 1, Chapter 5 (“Proof and Acknowledgment of Instruments Notaries Public”), which includes the “Revised Uniform Law on Notarial Acts.”
Citations: Citations to the Code in this chapter follow this convention: MCA, title, chapter, section, and any subsection or paragraph within the section, if applicable, in brackets. Example: MCA 1-5-612[1][b].
Rules
Administrative Rules of Montana: Rules implementing Montana’s Notary laws are found in the Administrative Rules of Montana (ARM), Title 44, Chapter 15 (“Notaries Public”).
Citations: Citations to the Rules in this chapter follow this convention: ARM, title, chapter, and rule number separated by periods, and any subsection or paragraph within the rule number, if any, separated by brackets. Example: ARM 44.15.101[2].
Guidelines: Other guidance for Notaries may be found in the “Montana Notary Public Handbook” (NPH) (2022 edition), issued by the Secretary of State and available on the website.
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Qualifications: An applicant for appointment as a Montana Notary Public must (MCA 1-5-619[1] and [2]; ARM 44.15.101[2]):
Be at least 18 years old;
Be a citizen or permanent legal resident of the United States;
Be a resident of Montana or be regularly employed at an office, business, or facility located within Montana by an employer registered and licensed to do business in the state;
Hold a current professional license to practice the profession in Montana issued by an appropriate Montana authority;
Be the spouse or legal dependent of military personnel assigned to active duty in Montana;
Be able to read and write English;
Have passed an examination (see “Exam,” below);
Meet the education requirements (effective July 1, 2020; see “Course,” below); and
Not have been disqualified for a commission pursuant to MCA 1-5-621.
Course: Required. Effective July 1, 2020, applicants for a new commission must have completed at least 4 hours of Notary education approved by the Secretary of State or by the commission of continuing legal education (MCA 1-5-620[3]). Effective July 1, 2020, applicants for a renewed commission within the previous 12 months must have completed at least 4 hours of Notary continuing education approved by the Secretary of State or by the commission of continuing legal education, or in each of the previous 3 years, at least 2 hours of Notary continuing education (MCA 1-5-620[3]).
Exam: Required. Effective October 1, 2019, an applicant for a new or renewed Montana Notary commission must pass an exam administered by the Secretary of State or by an entity approved by the Secretary.
Online: The examination is administered online (NPH).
Content: The exam must be based on the course of study described below (MCA 1-5-620[1]; ARM 44.15.101[4]).
Maximum Timeframe: The exam must be passed no more than 6 months before submitting the application for a commission (ARM 44.15.101[4][a]).
Passing Score: A passing score is 80% (ARM 44.15.101[4][a][i]).
Application
Online Filing: Applicants for appointment as a Montana Notary Public must file their applications using Montana’s online filing system.
Qualifying Questions: The applicant must indicate on the application that he or she qualifies for a commission (see “Qualifications,” above).
In addition, he or she must indicate whether he or she has pled guilty, pled no contest, or been convicted of a felony or crime involving fraud, dishonesty, or deceit within the last 10 years, has been found in any legal proceeding or disciplinary action within the last 10 years to have acted fraudulently, dishonestly, or deceitfully; and has had a Notary commission denied, revoked, or restricted in any state within the last 10 years (ARM 44.15.101[2][e] through [g]).Bond, Proof of Course and Exam: In addition to supplying the information required to qualify for a commission using the online system, applicants must upload copies of their Notary bond, proof of passing the examination, and proof of completing any required education.
Technology-Based Notarial Acts: If the applicant is also registering to perform notarial acts on electronic documents or remote online notarizations, the applicant must complete the required sections and upload any documents that may be required.
Fee: Payment of the $25 fee is also made online in the online filing system. The Secretary of State accepts credit and debit cards, and withdrawals from a checking account. The applicant will be prompted to choose the method of payment, enter the details, and submit the payment.
Status: Applicants can monitor the status of their application through the online filing system.
Commission Certificate: When the applicant’s commission has been approved, the applicant will receive a notification to view and print out the commission certificate from the system.
Background Screening: Not required.
Nonresidents: Nonresidents who have a place of employment or practice in Montana may become Montana Notaries (MCA 1-5-619; see “Qualifications,” above). In addition, Montana Notaries may operate in certain adjoining states; see “Bordering States with Reciprocity” under “Jurisdiction,” below.
Reappointment: The renewal process is the same as for first-time applicants. Renewing applicants must use the Secretary of State’s online filing system to renew their commissions.
“Requests for reappointment cannot be made more than 30 days before the expiration date of the current commission” (NPH).
Effective July 1, 2020, an applicant for a renewed commission must have satisfied the continuing education requirement (see “Course,” above).No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public, as provided in [MCA] 1-5-619, to perform notarial acts in any county in the state or in any bordering state if the border state recognizes the notary’s authority within that state. The “The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees” (MCA 1-5-605[4]).
Returned Checks: Effective September 19, 2014, a $15 fee will be charged for insufficient funds checks, checks returned from the bank unpaid, and returned e-checks. For each subsequent returned check from the same person, a $25 fee will be charged. These fees apply to checks returned because of insufficient funds, closed accounts, stop payments, incorrect dates, inconsistencies in amounts, incorrect signatures, and/or lack of signatures (ARM 44.2.205[1] and [2]).
There are two exceptions: (1) The payer of the check presents the Secretary of State with written confirmation from the payer’s financial institution that the check was returned because of an error on the part of the financial institution; and (2) the check is a returned e-check from the Secretary’s online payment processor that states the customer entered an invalid routing/account number (ARM 44.2.205[3]).
Notification to Perform Electronic and Remote Notarial Acts
Requirement: “Before a notary public performs the notary public’s initial notarial act using an electronic notarization system or a communication technology , a notary public shall:
“(a) notify the secretary of state that the notary public will be performing notarial acts using an electronic notarization system or a communication technology ; and
“(b) identify the electronic notarization system or communication technology, or both, that the notary public intends to use. If the secretary of state has established by rule the standards for the system or technology, the system or technology must comply with the standards. If the system or technology complies with the standards, the secretary of state shall approve the use of the system or technology” (MCA 1-5-615[3][a]-[b]).Electronic Notarization System: “‘Electronic notarization system’ means a set of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations that renders every electronic notarial act tamper-evident through the use of a security procedure and that meets the requirements of this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”] and implementing rules” (MCA 1-5-602[8]).
Communication Technology: “‘Communication technology’ means a real-time, two-way audio-visual electronic device or process that:
“(a) allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;
“(b) facilitates communication with a remotely located individual with a vision, hearing, or speech impairment when necessary under and consistent with applicable law; and
“(c) complies with this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”] and implementing rules” (MCA 1-5-602[4]).
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Statewide: “A notarial act may be performed in this state by … a notary public of this state” (MCA 1-5-604[a1][a]). “A notary public may perform a notarial act within the jurisdiction authorized in the notary's commission from the secretary of state” (MCA 1-5-629[a1]).
Bordering States with Reciprocity: “A commission to act as a notary public authorizes the notary public, as provided in 1-5-619, to perform notarial acts in … any bordering state if the border state recognizes the notary’s authority within that state” (MCA 1-5-605[4]). At present, Wyoming and North Dakota provide such recognition (NPH).
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Notarial Acts: Montana Notaries are authorized to perform the following notarial acts (MCA 1-5-602[13]; 1-5-604[1][a]):
Take acknowledgments;
Administer oaths and affirmations;
Take verifications on oath or affirmation (jurats);
Witness or attest signatures;
Certify or attest copies, and certify or attest that a tangible copy of an electronic record is an accurate copy of the electronic record (MCA 1-5-603[5]);
Certify or attest transcripts of depositions and affidavits;
Certify a fact (MCA 1-5-603[11][a]);
Certify an individual is alive (MCA 1-5-603[11][b]);
Certify a photograph (MCA 1-5-603[11][c]);
Perform marriage ceremonies (MCA 1-5-630);
Make or note protests.
In-Person Electronic, Remote, and Remote Online Notarial Acts: Montana Notaries who have additionally notified the Secretary of State that they will be performing technology-based notarizations are authorized to perform any of the notarial acts listed above electronically or remotely.
Acknowledgments
Definition
Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has willingly signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed the record as the act of the individual or entity identified in the record” (MCA 1-5-602[1]).
In a Representative Capacity: “In a representative capacity” means acting as:
“(a) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
“(b) a public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
“(c) an agent or attorney-in-fact for a principal; or
“(d) an authorized representative of another in any other capacity” (MCA 1-5-602[12]).
Requirements
Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the acknowledgment has the identity
claimed….” (MCA 1-5-603[1]).
Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual and was made knowingly and willingly for the purposes intended” (MCA 1-5-603[1]).
Representative Capacity: “A notarial officer who takes an acknowledgment … of an individual who signs a record in a representative capacity shall determine
“(i) from personal knowledge or satisfactory evidence of the identity of the individual that the individual appearing before the notarial officer has the identity claimed; and
“(ii) from the… from the record, personal knowledge, or presentment of an official record that the individual holds the title or capacity claimed and has knowingly and willingly signed the record in that capacity for the purposes
“(b) The notarial officer may refuse to perform the notarial act if the notarial officer is not satisfied that the official record or the presented record evidences the individual’s capacity to act as the principal’s representative on the record presented for notarization”intended” (MCA 1-5-603[4][a][ii]).
Willingness of Principal: “A notarial officer who takes an acknowledgment … of an individual who signs a record in a representative capacity shall determine … from the record, personal knowledge, or presentment of an official record that the individual … has knowingly and willingly signed the record in that capacity for the purposes intended” (MCA 1-5-603[4][a][ii]).
Declaration of Principal: “The notarial act of taking an acknowledgement requires the signer to personally appear before the notary and declare (acknowledge) that the signature is his/hers, but it does not require the notary to witness the act of signing. Often the party has previously signed the record before bringing it to the notary. In those cases, the requirements are met when the signer verbally acknowledges to the notary that he/she signed the document, and the notary has: (1) determined the signer was competent to sign the document and did so voluntarily; (2) properly identified the signer; and (3) verified the signature to be that of the signer (usually by comparing the signature on the document to the signature on the ID and the one made by the signer in the notary’s journal)” (NPH
“An acknowledgment … can also be made by an individual acting (signing) on behalf of another person or entity. This is called acknowledgments … in a representative capacity, and the person who is appearing before the notary will be signing on behalf of a business or corporation, a trust, with a Power of Attorney or with some other authorization that allows them to sign for another person or legal entity” (NPH).
Oaths and Affirmations
- Definition: “‘Oath or
).
Oaths and Affirmations
Definition: “‘Oath or affirmation’ means a solemn verbal promise by which a person knowingly and willingly attests to the truthfulness of a statement and that is administered by a notarial officer” (MCA 1-5-602[16]).
Authority: “An Requirements
Identity of Principal: “A notarial officer who administers an oath or affirmation
shall determine from personal knowledge or satisfactory evidence of the identity of the individual that the person appearing before the notarial officer and taking the oath or affirmation has the identity claimed…” (MCA 1-5-603[7]).
Willingness of Principal: “A notarial officer who administers an oath or affirmation shall determine … that the person appearing before the notarial officer and taking the oath or affirmation … is knowingly and willingly making the statement with the intent to be bound by the statement” (MCA 1-5-603[7]).
Ceremony:The Notary may “vary the mode of swearing or affirming to accord with the witness’s beliefs whenever … satisfied that the witness has a distinct mode of swearing or affirming” (MCA 1-6-103).
Form of Oath: “An oath or affirmation in an action or proceeding may be administered by the person who swears or affirms expressing that person’s assent when addressed with ‘You do solemnly swear (or affirm, as the case may be) that the evidence you will give in this issue (or matter), pending between _______________ and _______________, is the truth, the whole truth, and nothing but the truth, so help you God’” (MCA 1-6-102).
Form of Affirmation: “Any person who desires it may instead of taking an oath make a solemn affirmation or declaration by assenting when addressed with ‘You do solemnly affirm (or declare), etc.’ …” (MCA 1-6-104).Requirements: “A notarial officer who administers an oath or affirmation shall determine
Verifications
Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (MCA 1-5-602[36]).
Requirements
Identity of Principal: “A notarial officer who takes a verification on oath or affirmation of a statement shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the
individual appearing before the notarial officer and
making the
verification has the identity
claimed….” (MCA 1-5-603[
2]).
Signature of Principal: “A notarial officer who takes a verification on oath or affirmation of a statement shall determine that the signature on the statement verified is the signature of the individual and was made knowingly and willingly for the purposes intended” (MCA 1-
“Although notaries are fully authorized to administer oaths as a separate notarial act, most of the time they are done in conjunction with a signature — a jurat. There is no standardized language mandated for various situations requiring an oath. In most cases the notary will receive instructions that will include the proper language for the specific oath that is to be administered” (NPH).
“A notarial officer who administers an oath in conjunction with taking a deposition … shall certify to the matters set forth by this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”], other laws, or the court of jurisdiction” (MCA 1-5-603[6]).
Verifications
Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (MCA 1-5-602[46]).
Requirements: “A notarial officer who takes a verification on oath or affirmation of a statement shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual and was made knowingly and willingly for the purposes intended” (MCA 1-5-603[2]).
Jurats: “A more complex process is taking a verification on oath or affirmation, also commonly known as performing a jurat. For some legal uses, the document would be inadmissible or useless if the jurat is not properly completed. Performing a jurat requires a notary to do two things: (1) Witness the person signing the document … and (2) Administer an oath, placing the person under penalty of perjury if the statements made in the document are proven false. A notary is not responsible for the truthfulness or accuracy of the document, and the person who takes the oath may, in fact, not be telling the truth. As long as you have administered an oath, you have done your job” (NPH).
“When determining whether to perform a jurat, remember you are looking for instructions to do two things: Witness a signature and administer an oath. Key words are ‘signed and sworn,’ ‘subscribed and attested,’ or ‘affirmed and executed’ (any combination of those six verbs indicating that an oath was administered and the document was signed in the notary’s presence)” (NPH).
“Suggested oath (or affirmation) to be administered when performing a jurat notarization: ‘Do you swear (or affirm) that the information contained in this document is true and complete to the best of your knowledge and ability?’” (NPH).“Certification (Verification) by Document Custodian”: One form of jurat is “certification by a document custodian,” or the certification of a copy of a document by the custodian (owner) of that document. Montana Notaries may only certify a copy of a document when the original is presented by the document’s custodian and the Notary personally makes the copy (website, “Apostilles and Authentication”).
“A customer may bring you a copy of a document and request that it be certified. In this situation, the notary should:
“● Require the customer to certify that the copy is a true and accurate copy of the original and sign the statement of certification
“● Place the customer under oath and perform a jurat notarization of the customer’s signature
“● Complete the journal entry and the notarial certificate” (NPH).
“‘Certification by a document custodian’ should not be used to certify copies of those public records that cannot be certified by a notary public” (NPH).
Signature Witnessings or Attestations
Definition: “‘Signature witnessing’ means the notarial act in which a notarial officer witnesses a principal execute a record knowingly and willingly for the purposes intended while appearing before the notarial officer” (MCA 1-5-602[31]).
Requirements: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed and has executed the record knowingly and willingly for the purposes intended” (MCA 1-5-603[3]).
“(4)(a) A notarial officer who … witnesses a signature of an individual who signs a record in a representative capacity shall determine:
“(i) from personal knowledge or satisfactory evidence of the identity of the individual that the individual appearing before the notarial officer has the identity claimed; and
“(ii) from the record, personal knowledge, or presentment of an official record that the individual holds the title or capacity claimed and has knowingly and willingly signed the record in that capacity for the purposes intended.
“(b) The notarial officer may refuse to perform the notarial act if the notarial officer is not satisfied that the official record or the presented record evidences the individual’s capacity to act as the principal’s representative on the record presented for notarization” (MCA 1-5-603[4]).
“Witnessing a signature is exactly that: You watch the signer sign the document. Occasionally someone will bring a document to you that has already been signed, although the preprinted form calls for you to witness the person sign the document. In situations like that, you must have the person sign the document again in your presence. It is not necessary for the signer to cross out the first signature; he or she should just sign again as close to the original signature as possible” (NPH).
“The key words to look for to determine if you are to witness the signature are ‘signed,’ ‘subscribed,’ or ‘executed’” (NPH).
The “Montana Notary Public Handbook” indicates that individuals signing on behalf of another individual or entity may have their signatures witnessed in their applicable signing capacity (see also “Representative Capacity,” below).
Copy Certifications
Definition: “(a) ‘Official record’ means a record or copy of a record attested by the officer or the officer’s deputy with legal custody of the record that is accompanied by a certificate that the officer has custody of the record.
“(b) The certificate must have been made under seal by:
“(i) a clerk of a court of record in the district or political subdivision where the record is kept; or
“(ii) a public officer with a seal of office and with official duties in the district or political subdivision where the record is kept” (MCA 1-5-602[17]).Requirements: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the original or official record or the item” (MCA 1-5-603[5]).
Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. A county clerk shall accept for recording a tangible copy of an electronic record containing an original notarial certificate as satisfying any requirement that a record be an original” (MCA 1-5-603[5]).
“A notary cannot certify a photocopy of a document unless the original document is provided to, and copied by, the notary personally” (website, “Apostilles and Authentications”).
“Montana notaries are prohibited from making and certifying copies of public documents which are considered official records that are issued by state or other government officials, unless the notary is employed by the entity issuing or holding the original record. If you are unsure whether you may properly certify a copy of a particular record or document, contact the Secretary of State’s office.
“Some documents will contain a warning that they are not to be copied. Such documents cannot be copy certified. Note: If you make a copy of a document and language appears indicating that the copy is void, you may not certify that copy” (NPH).
The “Montana Notary Public Handbook” identifies the following as public documents, copies of which may not be certified by a Notary Public: birth certificates, death certificates, marriage licenses, divorce decrees, court orders, adoption records, school transcripts, FBI fingerprint cards, motor vehicle titles, and any recorded document.
Depositions and Affidavits
- Definition: “‘Deposition’ means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine” (MCA 1-1-202[1]).
“‘Affidavit’ means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105 [see below]” (MCA 1-2-203[15-603[2]).
Oath of Principal: “A notary is not responsible for the truthfulness or accuracy of the document, and the person who takes the oath may, in fact, not be telling the truth. As long as you have administered an oath, you have done your job” (NPH).
Form of Oath: “Suggested oath (or affirmation) to be administered when performing a jurat notarization: ‘Do you swear (or affirm) that the information contained in this document is true and complete to the best of your knowledge and ability?’” (NPH).
“Certification (Verification) by Document Custodian”: One form of jurat is “certification by a document custodian,” or the certification of a copy of a document by the custodian (owner) of that document. Montana Notaries may only certify a copy of a document when the original is presented by the document’s custodian and the Notary personally makes the copy (website, “Apostilles and Authentication”).
“A customer may bring you a copy of a document and request that it be certified. In this situation, the notary should:
“● Require the customer to certify that the copy is a true and accurate copy of the original and sign the statement of certification
“● Place the customer under oath and perform a jurat notarization of the customer’s signature
“● Complete the journal entry and the notarial certificate” (NPH).
“‘Certification by a document custodian’ should not be used to certify copies of those public records that cannot be certified by a notary public” (NPH).
Signature Witnessings or Attestations
Definition: “‘Signature witnessing’ means the notarial act in which a notarial officer witnesses a principal execute a record knowingly and willingly for the purposes intended while appearing before the notarial officer” (MCA 1-5-602[31]).
“Witnessing a signature is exactly that: You watch the signer sign the document. Occasionally someone will bring a document to you that has already been signed, although the preprinted form calls for you to witness the person sign the document. In situations like that, you must have the person sign the document again in your presence. It is not necessary for the signer to cross out the first signature; he or she should just sign again as close to the original signature as possible” (NPH).Requirements
Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed….” (MCA 1-5-603[3]).
Willing Signature of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record … has executed the record knowingly and willingly for the purposes intended” (MCA 1-5-603[3]).
Representative Capacity: “A notarial officer who … witnesses a signature of an individual who signs a record in a representative capacity shall determine … from the record, personal knowledge, or presentment of an official record that the individual holds the title or capacity claimed….” (MCA 1-5-603[4][a][ii]).
Copy Certifications
Definition: “(a) ‘Official record’ means a record or copy of a record attested by the officer or the officer’s deputy with legal custody of the record that is accompanied by a certificate that the officer has custody of the record.
“(b) The certificate must have been made under seal by:
“(i) a clerk of a court of record in the district or political subdivision where the record is kept; or
“(ii) a public officer with a seal of office and with official duties in the district or political subdivision where the record is kept” (MCA 1-5-602[17]).Requirements
Full, True, and Accurate: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the original or official record or the item” (MCA 1-5-603[5]).
Original Document: “A notary cannot certify a photocopy of a document unless the original document is provided to, and copied by, the notary personally” (website, “Apostilles and Authentications”).
Prohibited Documents: “Montana notaries are prohibited from making and certifying copies of public documents which are considered official records that are issued by state or other government officials, unless the notary is employed by the entity issuing or holding the original record. If you are unsure whether you may properly certify a copy of a particular record or document, contact the Secretary of State’s office.
“Some documents will contain a warning that they are not to be copied. Such documents cannot be copy certified. Note: If you make a copy of a document and language appears indicating that the copy is void, you may not certify that copy” (NPH).
The “Montana Notary Public Handbook” identifies the following as public documents, copies of which may not be certified by a Notary Public: birth certificates, death certificates, marriage licenses, divorce decrees, court orders, adoption records, school transcripts, FBI fingerprint cards, motor vehicle titles, and any recorded document.
Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. A county clerk shall accept for recording a tangible copy of an electronic record containing an original notarial certificate as satisfying any requirement that a record be an original” (MCA 1-5-603[5]).
Depositions and Affidavits
Definition
Deposition: “‘Deposition’ means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine” (MCA 1-1-202[1]).
Affidavit: “‘Affidavit’ means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105 [see below]” (MCA 1-2-203[1]).
Requirements
Certification: “A notarial officer who … certifies or attests to the transcript of the deposition shall certify to the matters set forth by this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”], other laws, or the court of jurisdiction” (MCA 1-5-603[8]).
Knowledge of Legal Requirements: “The notarial [act] of certifying or attesting a transcript of an affidavit or deposition … may be performed only by notarial officers who are knowledgeable of the applicable legal requirements” (MCA 1-5-604[4]).
Oath for Deposition: “A notarial officer who administers an oath in conjunction with taking a deposition … shall certify to the matters set forth by this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”], other laws, or the court of jurisdiction” (MCA 1-5-603[8]).
Fact Certifications
Definition: “‘Certification of fact’ means a notarial act in which a notary reviews public or vital records or other legally accessible data to ascertain or confirm any of the following facts:
“(a) date of birth, death, marriage, or divorce, or that an individual is alive;
“(b) name of parent, marital partner, offspring, or sibling;
“(c) that an event has occurred; or
“(d) any matter authorized by law or rule of this state for certification by a notary public” (MCA 1-5-602[3]).Requirements: “A notarial officer who … certifies or attests to the transcript of the deposition shall certify to the matters set forth by this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”], other laws, or the court of jurisdiction” a fact may review a public or private record to ascertain or verify that specific data is contained or shown on the record or memorialized in a publication that the notary believes to be reliable” (MCA 1-5-603[611]).
“The notarial [act] of certifying or attesting a transcript of an affidavit or deposition … may be performed only by notarial officers who are knowledgeable of the applicable legal requirements” (MCA 1-5-604[4]).
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Life Certifications
Definition: “‘Certification of fact’ means a notarial act in which a notary reviews public or vital records or other legally accessible data to ascertain or confirm any of the following facts:
“(a) date of birth, death, marriage, or divorce, or that an individual is alive;
“(b) name of parent, marital partner, offspring, or sibling;
“(c) that an event has occurred; or
“(d) any matter authorized by law or rule of this state for certification by a notary public” (MCA 1-5-602[3]).Requirements: “A notarial officer who certifies a fact may review a public or private record to ascertain or verify that specific data is contained or shown on the record or memorialized in a publication that the notary believes to be reliable” (MCA 1-5-603[11][a]).
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Description: “Individuals who are temporarily living in the United States frequently need to send forms back to their home country attesting to the fact that they are still alive and are eligible for certain benefits. Montana notaries are able to certify that a person is alive, but it is critical that the notary does not exceed that authority by completing a form issued by the other country that may contain additional certifications. When presented with a form that is intended to verify the living status of the individual, the notary must be able to read the form – which means that the form must be in English or have a translation attached.
Requirements
Principal is Living: “A notarial officer who certifies that an individual is alive shall verify from personal knowledge or satisfactory evidence that the individual appearing before the notarial officer is alive at the time of certification” (MCA 1-5-603[11][b]).
Steps for Life Certification: “When asked to certify that a person is alive, the notary must:
”● Require the personal appearance of the person.
”● Require the personal appearance of the person.
”● Verify the person’s identity carefully. You should request an immigrant visa or a green card as the preferred proof of identity.
”● Carefully read the document to ascertain that you are not attesting to something other than the fact that the person is alive.Certificate of Notarial Act: “You may use a downloadable loose certificate with Montana compliant language and attach it to the document if the form presented to you is written in a foreign language or contains attestations that are beyond your authority to confirm as a Montana notary public” (NPH).
Photograph Certifications
Requirements: “A notarial officer who certifies that an individual is alive a photograph shall verify from personal knowledge or satisfactory evidence that the individual appearing before the notarial officer is alive at the time of certification” photograph is an accurate representation of the individual or item represented” (MCA 1-5-603[11][bc]).
“Individuals who are temporarily living in the United States frequently need to send forms back to their home country attesting to the fact that they are still alive and are eligible for certain benefits. Montana notaries are able to certify that a person is alive, but it is critical that the notary does not exceed that authority by completing a form issued by the other country that may contain additional certifications. When presented with a form that is intended to verify the living status of the individual, the notary must be able to read the form – which means that the form must be in English or have a translation attached.
“When asked to certify that a person is alive, the notary must:
”● Require the personal appearance of the person.
”● Require the personal appearance of the person.
”● Verify the person’s identity carefully. You should request an immigrant visa or a green card as the preferred proof of identity.
”● Carefully read the document to ascertain that you are not attesting to something other than the fact that the person is alive.
“You may use a downloadable loose certificate with Montana compliant language and attach it to the document if the form presented to you is written in a foreign language or contains attestations that are beyond your authority to confirm as a Montana notary public” (NPH).
Photograph Certifications
Requirements: “A notarial officer who certifies a photograph shall verify from personal knowledge or satisfactory evidence that the photograph is an accurate representation of the individual or item represented” (MCA 1-5-603[11][c]).
Marriages
Authority: “As provided in [MCA] 40-1-301 and subject to rules adopted by the secretary of state, a notary public may solemnize a marriage” (MCA 1-5-630).
“A marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a notary public authorized pursuant to [MCA] 1-5-630, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court” (MCA 40-1-301).
Protests
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
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:
“● Physical presence of the signer(s) and the notary
”● Electronic document
”● Digital signatures of the signer and the notary
”● Digital notary seal” (website, “Technology Based Notarization”).
Remote Notarial Acts
Definition: “‘Remote notarization’ means a notarial act performed by means of communication technology on a tangible record that meets the standards adopted under this part” (MCA 1-5-602[25]).
Remote Online Notarial Acts
Definition: “‘Remote online notarization’ means a notarial act or notarization performed by means of communication technology and an electronic notarization system on an electronic record that meets the standards adopted under this part” (MCA 1-5-602[26]).
STANDARDS OF PRACTICE
Personal Appearance
Definition: “‘Appearing before’ means:
“(a) being in the same physical location as another person and close enough to see, hear, communicate with, and exchange identification credentials with that individual; or
“(b) interacting with another individual by means of communication technology in compliance with this part” (MCA 1-5-602[2]).
“Montana law defines personal appearance as either physical presence or appearance of the signer by means of communication technology (remote or remote online notarization). In order to lawfully complete a notarial certificate, you are always attesting that the notarial act occurred ‘before you’ and that you witnessed some particular action” (NPH; see also “Technology Requirements” under “Remote Notarizations,” below).Notarial and Remote Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear physically before the notarial officer or by communication technology as authorized in [MCA] 1-5-615 and rules adopted pursuant to [MCA] 1-5-628” (MCA 1-5-603[9][a]; see also “Technology Requirements” under “Remote Notarization,” below).
“[T]he person whose signature, oath, or acknowledgment is being notarized MUST personally appear to the notary at the time the notarial act takes place…. There are no exceptions to this requirement. It is impossible to be a witness to an event if it does not take place in your presence. ‘Notarizing’ without the personal appearance of the signer at the time of the notarial act is a direct violation of Montana law and can be just cause for revocation of your notarial commission” (NPH).
“Because you are not verifying a signature, there is no need for you to require the presence of any particular individual … in conjunction with the notarial act of certifying a copy” (NPH).
Identification
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Marriages
Authority: “As provided in [MCA] 40-1-301 and subject to rules adopted by the secretary of state, a notary public may solemnize a marriage” (MCA 1-5-630).
Marriage Certificate: “A marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a notary public authorized pursuant to [MCA] 1-5-630, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court” (MCA 40-1-301).
Protests
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]).
Knowledge of Legal Requirements: “The notarial acts of … noting a protest of a negotiable instrument may be performed only by notarial officers who are knowledgeable of the applicable legal requirements” (MCA 1-5-604[4]).
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
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:
“● Physical presence of the signer(s) and the notary
”● Electronic document
”● Digital signatures of the signer and the notary
”● Digital notary seal” (website, “Technology Based Notarization”).
Remote Notarial Acts
Definition: “‘Remote notarization’ means a notarial act performed by means of communication technology on a tangible record that meets the standards adopted under this part” (MCA 1-5-602[25]).
Remote Online Notarial Acts
Definition: “‘Remote online notarization’ means a notarial act or notarization performed by means of communication technology and an electronic notarization system on an electronic record that meets the standards adopted under this part” (MCA 1-5-602[26]).
STANDARDS OF PRACTICE
Personal Appearance
Definition: “‘Appearing before’ means:
“(a) being in the same physical location as another person and close enough to see, hear, communicate with, and exchange identification credentials with that individual; or
“(b) interacting with another individual by means of communication technology in compliance with this part” (MCA 1-5-602[2]).
“Montana law defines personal appearance as either physical presence or appearance of the signer by means of communication technology (remote or remote online notarization). In order to lawfully complete a notarial certificate, you are always attesting that the notarial act occurred ‘before you’ and that you witnessed some particular action” (NPH; see also “Technology Requirements” under “Remote Notarizations,” below).Notarial and Remote Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear physically before the notarial officer or by communication technology as authorized in [MCA] 1-5-615 and rules adopted pursuant to [MCA] 1-5-628” (MCA 1-5-603[9][a]).
“[T]he person whose signature, oath, or acknowledgment is being notarized MUST personally appear to the notary at the time the notarial act takes place…. There are no exceptions to this requirement. It is impossible to be a witness to an event if it does not take place in your presence. ‘Notarizing’ without the personal appearance of the signer at the time of the notarial act is a direct violation of Montana law and can be just cause for revocation of your notarial commission” (NPH).
“Because you are not verifying a signature, there is no need for you to require the presence of any particular individual … in conjunction with the notarial act of certifying a copy” (NPH).
Identification
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Montana is unique in authorizing each of the methods discussed below to verify an individual’s identity for traditional paper-based, in-person electronic, remote, and remote online notarial acts. |
Requirement: In taking an acknowledgment or verification on oath or affirmation, administering an oath or affirmation, or witnessing or attesting a signature, a notarial officer must determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer has the identity claimed” (MCA 1-5-603[1], [2], [3] and [7]).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (MCA 1-5-603[12][a]).
“A person whom you have known for a considerable period of time and would recognize anywhere, anytime can be identified on the basis of ‘personal knowledge.’ This is a subjective standard, but a notary should be guided by the understanding that, in the event of a legal challenge to the signer’s identity, the notary would have to positively identify the person in court, often many years after the notarization took place. Personal knowledge is generally considered the best form of identification, and thus requires no further proof of identity” (NPH).Satisfactory Evidence
Definition: Satisfactory evidence means that the signer is identified based on
one of the following:
An identification document that meets the requirements of statute
(MCA 1-5-603[12][b][i]).
The verification on oath or affirmation of a credible witness who meets the requirements of statute (MCA 1-5-603[
Satisfactory evidence of identity also may be proven to a notarial officer through one12][b][ii]).
One or more approved technologies described in MCA 1-5-603(12)(c)
.
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the
notarial officer if the individual is personally known to the notarial officer
through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (MCA 1-5-603[12][
a])
“Because you are not verifying a signature, there is no need for you … to identify anyone in conjunction with the notarial act of certifying a copy” (NPH).Identification Methods
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (MCA 1-5-603[12][a]).
“A person whom you have known .
“A person whom you have known for a considerable period of time and would recognize anywhere, anytime can be identified on the basis of ‘personal knowledge.’ This is a subjective standard, but a notary should be guided by the understanding that, in the event of a legal challenge to the signer’s identity, the notary would have to positively identify the person in court, often many years after the notarization took place. Personal knowledge is generally considered the best form of identification, and thus requires no further proof of identity” (NPH).Identification Documents: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual :
“(i) … by means of:
“(A) a passport, driver’s license, or government-issued nondriver identification credential, which may be current or expired, and if expired may not be expired for more than 3 years before the performance of the notarial act; or
“(B) another form of government identification issued to an individual, which:
“(I) may be current or expired, and if expired may not be expired for more than 3 years before the performance of the notarial act;
“(II) must contain the signature or a photograph of the individual; and
“(III) must be satisfactory to the notarial officer …” (MCA 1-5-603[12][b][i]).
According to the Secretary of State, “documentary evidence (i.e., driver’s license, passport, student ID, etc.) is not acceptable for identifying the signer” for a notarization performed by means of audio-video communication technology (website, “eNotarization and Remote Notarization”).Credible Witness: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual … by oath or affirmation of a credible witness:
“(A) physically present before the notarial officer and known to the notarial officer or whom the notarial officer can identify on the basis of a passport, driver’s license, or government-issued nondriver identification credential, which is current or expired, and if expired may not be expired for more than 3 years before the performance of the notarial act; or
“(B) appearing by means of communication technology and identified by the notarial officer as provided in [MCA 1-5-603] subsection (12)(c)” (MCA 1-5-603[12][b][ii]).
According to the “Montana Notary Public Handbook,” identification through a credible witness “is the most misunderstood, the most complicated, and the least likely to be available at the time the situation arises without having made prior arrangements (NPH).
“The credible witness must be … an unbiased third party who has no interest in, or benefit from, the transaction…. ” (NPH).Dynamic Knowledge-Based Authentication Assessment: Dynamic knowledge-based authentication assessment” means an identity assessment that is based on a set of questions formulated from public or private data sources that does not contain a question for which the principal provided a prior answer to the entity doing the assessment (MCA 1-5-602[6]).
Public Key Certificate:
“‘Public key certificate’ means an electronic credential that is used to identify an individual who signed an electronic record with the credential and is issued and managed by a third-party provider utilizing public key infrastructure technology” (MCA 1-5-602[22]).
“‘Public key infrastructure technology’ means a method of enabling a user of an unsecured public network, including the internet, to securely and privately exchange data and money through a public and private cryptographic key pair that is obtained and shared through a trusted certificate authority that provides for:
“(a) a digital certificate that is able to identify an individual or organization; and
“(b) a directory service that is able to store and, if necessary, revoke a digital certificate” (MCA 1-5-602[23]).
Identity Proofing: “Identity proofing” means a process or service by which a third person provides a notarial officer with a means to verify the identity of a principal by:
“(a) a review of personal information from public or proprietary data sources; or
“(b) biometric data including but not limited to facial recognition, voice analysis, or fingerprint analysis” (MCA 1-5-602[11]).Remote Presentation and Credential Analysis:
“‘Remote presentation’ means transmission to the notarial officer through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the notarial officer to:
“(a) identify the individual seeking the notarial officer’s services; and
“(b) visually review the identity credential and its data; and
“(c) perform credential analysis” (MCA 1-5-602[27]).“‘Credential analysis’ means a process or service operating according to criteria approved by the secretary of state through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources” (MCA 1-5-602[5]).
Additional Credentials or Information: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of the individual” (MCA 1-5-603[14]).
“Many times it will be necessary to use more than one piece of identification to conclusively identify a person. Notaries are cautioned that some forms of ID, such as bank cards, credit cards, and non-pictured government-issued cards (social security or Medicare cards) are not acceptable as primary identifiers, although they may in certain circumstances be used in conjunction with another ID to establish a person’s identity. Notaries are not expected to be authorities on all types of identification, but they are urged to use common sense and reasonable care when presented with identification that appears to have been altered or tampered with in some way, or when the picture or description of the person on the card does not match the person appearing before the notary” (NPH).Remote Notarial Acts
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Refusal of Services
Specific Grounds
Competence: “A notarial officer shall refuse to perform a notarial act if the notarial officer is not satisfied that
“(a)… the individual executing the record is competent or has the capacity to execute the
“(b) the individual executing the record is [not] signing knowingly or voluntarily”record…. (MCA 1-5-622[1][a]).
Willingness: “A notarial officer
shall refuse to perform a notarial act
if the notarial officer is not satisfied that … the individual executing the record is [not] signing knowingly or voluntarily” (MCA 1-5-622[
1][b]).
Electronic Notarization System and Communication Technology: “A notary public shall refuse a request that would require the notary to:
“(a) use an electronic notarization system or a communication technology that the notary does not know how to operate; or
“(b) use an electronic notarization system or communication technology that does not meet the requirements of this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”] or standards adopted by rule” (MCA 1-5-622[3]).Proof of Representative Authority: “The notarial officer may refuse to perform the notarial act if the notarial officer is not satisfied that the official record or the presented record evidences the individual’s capacity to act as the principal’s representative on the record presented for notarization” (MCA 1-5-603[4][b]).
General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than as provided in this part [MCA Title 1, Chapter 5, Part 6, ‘Notarial Acts’]” (MCA 1-5-622[2]).
Competence and Willingness
Competence: “A notary’s duty is not limited to determining the identity of the signer. Determining that the signer is competent and willing to sign the document is also required. The standard that a notary is held to for these determinations is one of ‘reasonable care.’ If the signer appears to be lucid and understand what is happening while the notarization is being performed, the standard of reasonable care for competency has likely been met” (NPH).
Duress: “Generally speaking, willingness can be inferred simply from the fact that the signer has requested that the notarization be performed. There are, however, situations where additional care must be taken by the notary; for example, when the signer appears to be under pressure or duress or under the influence of alcohol or other substances or when the notarization was requested by another party. In situations where there is a question of pressure being put on the signer, the notary should ask any others in the room to leave and then engage the signer in conversation about the transaction. There is a difference between a person being unwilling or pressured to sign a document and being unhappy about the circumstances that have made it necessary for him or her to sign that document. When in doubt, the notary can get an opinion from an attorney or medical professional familiar with the signer” (NPH).
Representative Capacity
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Signature by Mark
Definitions
Signature: “‘Signature’ or ‘subscription’ includes the mark of a person who cannot write if the person’s name is written near the mark by another person who also signs that person’s own name as a witness” (MCA 1-1-203[5]).
“‘Signature’ means a tangible symbol or an electronic signature that evidences the signing of a record” (MCA 1-5-602[30]).Electronic Signature: “‘Electronic signature’ means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record” (MCA 1-5-602[
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Applicable Law
9]).
“When notarizing a document that is being signed by someone other than the person or entity designated as the signer, the notary should determine:
The identity of the person who is actually signing the document
The capacity of the person to sign on behalf of the person or entity” (NPH).
“[M]ost documents’ notarial certificates do not anticipate that the document will be signed by someone other than the person or entity whose name appears on the document, so the notary will have to adjust the preprinted notarial certificate accordingly. You may wish to substitute a correct notarial block by lining through the pre-printed block and attaching a correct form with the signer’s permission” (NPH; see also “Completing Certificates” under “Certificate of Notarial Act,” below).
Signature by Mark
“‘Signature’ or ‘subscription’ includes the mark of a person who cannot write if the person’s name is written near the mark by another person who also signs that person’s own name as a witness” (MCA 1-1-203[5]).
“‘Signature’ means a tangible symbol or an electronic signature that evidences the signing of a record” (MCA 1-5-602[12]).
“‘Electronic signature’ means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record” (MCA 1-5-602[3]).
“‘Sign’ means, with present intent to authenticate or adopt a record:
“(a) to execute or adopt a tangible symbol; or
“(b) to attach to or logically associate with the record an electronic symbol, sound, or process” (MCA 1-5-602[11]).
“‘Signature’ is defined in Montana law as ‘a tangible symbol or an electronic signature that evidences the signing of a record.’ What this means to a notary is that a person who uses a mark, stamp, or electronic signing device to sign a document can have that signature notarized just as if it was signed with pen and ink… You need not indicate how the signature was made when completing the notarial certificate, but you should indicate that detail in your journal entry as ‘other information’” (NPH).
Signature by Proxy
“If an individual intending to execute a record is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert [on the notarial certificate] ‘Signature affixed by (name of the other individual) at the direction of (name of individual intending to execute the record)’ or words with similar intent” (MCA 1-5-623).
“[B]oth the signer and the person whom he/she directs to sign their name must be physically present during the notarization….The ‘signer’s signature’ in your journal should also be made by the third party, and you should include a notation indicating the signature of the named party was made by the third party at the direction of the named party. Remember, in all situations requiring another person’s assistance, that person must be an unbiased, independent third party who is not in any way a beneficiary to the transaction” (NPH).
Disqualifying Interest
Personal: “A notary public may not:
“(a) notarize the notary’s own signature;
“(b) notarize a record in which the notary is individually named or from which the notary will directly benefit by a transaction involving the record” (MCA 1-5-625[1]).Relatives: “In Montana, it is generally acceptable for a notary public to notarize the signature of a spouse or other relative as long as the notary is not personally named in the document being signed or would be a direct beneficiary of the transaction contemplated by the document. The Secretary of State’s office cautions that notaries should seriously consider the potential conflicts that may arise over documents which transfer property or rights (titles, deeds, wills, powers of attorney, etc.) among family members. ‘Just because you can, doesn’t mean you should’ are good words to apply in these situations” (NPH).
In certifying a deposition, the Notary must certify and state that the Notary is not a relative of the deponent or of the attorney or counsel of any of the parties (MCA 6-1-610[6]).Legal Entities: “A notary public who is a partner, stockholder, director, officer, or employee of a partnership or corporation and is individually named in the record or who signs a record as a representative of that partnership or corporation may not notarize the signature of any individual on that record” (MCA 1-5-625[2]).
Other Improper Interest: In certifying a transcript of a deposition or affidavit, the notarial officer must complete, sign and date a notarial certificate stating that the Notary is not a relative, agent, or employee of the deponent or the attorney or counsel of any of the parties, or that the officer is an interested party to the matter (MCA 1-5-610[8]).
Unauthorized Practice of Law
No Authority: “A commission as a notary public does not authorize an individual to:
“(a) assist persons in drafting legal records, give legal advice, or otherwise practice law;
“(b) act as an immigration consultant or an expert on immigration matters;
“(c) represent a person in a judicial or administrative proceeding relating to immigration to the United States or United States citizenship or related matters; or
“(d) receive compensation for performing any of the activities listed in this subsection (3)” (MCA 1-5-625[3]).Selecting Notarial Act: “As ministerial officials, notaries do not have the authority to decide on the appropriate type of notarization to perform. If the document does not have a pre-printed notarial certificate on it and the signer cannot indicate to you what is needed, then you may not proceed with the notarization” (NPH).
Advertisements
False or Deceptive Advertising: “A notary public may not:
…
“(e) engage in false or deceptive advertising;
“(f) advertise or represent that the notary public, unless also licensed as an attorney in this state, is able to assist persons in drafting legal records, give legal advice, or otherwise practice law ...; or
“(h) unless the notary public is an attorney licensed to practice law in this state, use the term ‘notario’ or ‘notario publico’” (MCA 1-5-625[1]).Mandatory Notice: “(a) A notary public who is not an attorney licensed to practice law in this state shall provide in advertising or other representations regarding an offering of notarial services, whether oral or written, used in broadcast media, print media, or on the internet a statement as provided in subsection (4)(b) or an alternate statement authorized or required by the secretary of state. The statement must be prominently displayed and in each language used in the advertisement or representation. If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of its size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
“(b) To meet the requirements of subsection (4)(a), a notary public who is not an attorney licensed to practice law in this state shall use either an alternate statement authorized or required by the secretary of state or the following statement: ‘I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities’” (MCA 1-5-625[4]).
Foreign-Language Documents
“The Secretary of State’s Office is frequently asked if Montana notaries may notarize a document that is written in a foreign language. And the answer is generally ‘Maybe.’ The language that a document is written in is not the most important factor in determining whether or not you can perform the requested notarial act. It is absolutely critical that you, first and foremost, READ the notarial certificate and clearly understand what you are being asked to do before you agree to the notarization. Many documents from foreign countries have notarial certificates that may be incorporated within the document – don’t just look at the bottom of the document or on the last page. Be particularly diligent when asked to notarize something written in a language you don’t read, but don’t reject the request on that basis alone. If the notarial certificate is not in English, you must have it translated before going forward…. Regardless of the language the document is written in, the notarial certificate must be in English in order for you, as a Montana notary public, to complete it. Even if you are fluent in another language, you must use English for all notarial acts” (NPH).
“You may certify copies of certain foreign language documents using the same process and criteria as you would for any other document” (NPH).
Motor Vehicle Titles
The signature(s) of the seller(s) on a Montana motor vehicle title must be notarized.
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”).
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/.
Remote and Remote Online Notarial Acts
Sign: “‘Sign’ means, with present intent to authenticate or adopt a record:
“(a) to execute or adopt a tangible symbol; or
“(b) to attach to or logically associate with the record an electronic symbol, sound, or process” (MCA 1-5-602[29]).
‘Mark’ is ‘Signature’: “‘Signature’ is defined in Montana law as ‘a tangible symbol or an electronic signature that evidences the signing of a record.’ What this means to a notary is that a person who uses a mark, stamp, or electronic signing device to sign a document can have that signature notarized just as if it was signed with pen and ink… You need not indicate how the signature was made when completing the notarial certificate, but you should indicate that detail in your journal entry as ‘other information’” (NPH).
Signature by Proxy
Authority: “If an individual intending to execute a record is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert [on the notarial certificate] ‘Signature affixed by (name of the other individual) at the direction of (name of individual intending to execute the record)’ or words with similar intent” (MCA 1-5-623).
Procedures: “[B]oth the signer and the person whom he/she directs to sign their name must be physically present during the notarization….The ‘signer’s signature’ in your journal should also be made by the third party, and you should include a notation indicating the signature of the named party was made by the third party at the direction of the named party. Remember, in all situations requiring another person’s assistance, that person must be an unbiased, independent third party who is not in any way a beneficiary to the transaction” (NPH).
Disqualifying Interest
Personal: “A notary public may not:
“(a) notarize the notary’s own signature;
“(b) notarize a record in which the notary is individually named or from which the notary will directly benefit by a transaction involving the record” (MCA 1-5-625[1][a]-[b]).Relatives
Cautions: “In Montana, it is generally acceptable for a notary public to notarize the signature of a spouse or other relative as long as the notary is not personally named in the document being signed or would be a direct beneficiary of the transaction contemplated by the document. The Secretary of State’s office cautions that notaries should seriously consider the potential conflicts that may arise over documents which transfer property or rights (titles, deeds, wills, powers of attorney, etc.) among family members. ‘Just because you can, doesn’t mean you should’ are good words to apply in these situations” (NPH).
Certifying Depositions: In certifying a deposition, the Notary must certify and state that the Notary is not a relative of the deponent or of the attorney or counsel of any of the parties (MCA 6-1-610[8]).
Legal Entities: “A notary public who is a partner, stockholder, director, officer, or employee of a partnership or corporation and is individually named in the record or who signs a record as a representative of that partnership or corporation may not notarize the signature of any individual on that record” (MCA 1-5-625[2]).
Other Improper Interest: In certifying a transcript of a deposition or affidavit, the notarial officer must complete, sign and date a notarial certificate stating that the Notary is not an agent or employee of the deponent or the attorney or counsel of any of the parties (MCA 1-5-610[8]).
Unauthorized Practice of Law
No Authority: “A commission as a notary public does not authorize an individual to:
“(a) assist persons in drafting legal records, give legal advice, or otherwise practice law;
“(b) act as an immigration consultant or an expert on immigration matters;
“(c) represent a person in a judicial or administrative proceeding relating to immigration to the United States or United States citizenship or related matters; or
“(d) receive compensation for performing any of the activities listed in this subsection (3)” (MCA 1-5-625[3]).Selecting Notarial Act: “As ministerial officials, notaries do not have the authority to decide on the appropriate type of notarization to perform. If the document does not have a pre-printed notarial certificate on it and the signer cannot indicate to you what is needed, then you may not proceed with the notarization” (NPH).
Advertisements
False or Deceptive Advertising: “A notary public may not … engage in false or deceptive advertising….” (MCA 1-5-625[1][e]).
Misrepresentation: “A notary public may not … advertise or represent that the notary public, unless also licensed as an attorney in this state, is able to assist persons in drafting legal records, give legal advice, or otherwise practice law…” (MCA 1-5-625[1][f]).
Notario Publico: “A notary public may not … unless the notary public is an attorney licensed to practice law in this state, use the term ‘notario’ or ‘notario publico’” (MCA 1-5-625[1][h]).
Mandatory Notice: “(a) A notary public who is not an attorney licensed to practice law in this state shall provide in advertising or other representations regarding an offering of notarial services, whether oral or written, used in broadcast media, print media, or on the internet a statement as provided in subsection (4)(b) or an alternate statement authorized or required by the secretary of state. The statement must be prominently displayed and in each language used in the advertisement or representation. If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of its size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
“(b) To meet the requirements of subsection (4)(a), a notary public who is not an attorney licensed to practice law in this state shall use either an alternate statement authorized or required by the secretary of state or the following statement: ‘I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities’” (MCA 1-5-625[4]).
Foreign-Language Documents
“The Secretary of State’s Office is frequently asked if Montana notaries may notarize a document that is written in a foreign language. And the answer is generally ‘Maybe.’ The language that a document is written in is not the most important factor in determining whether or not you can perform the requested notarial act. It is absolutely critical that you, first and foremost, READ the notarial certificate and clearly understand what you are being asked to do before you agree to the notarization. Many documents from foreign countries have notarial certificates that may be incorporated within the document – don’t just look at the bottom of the document or on the last page. Be particularly diligent when asked to notarize something written in a language you don’t read, but don’t reject the request on that basis alone. If the notarial certificate is not in English, you must have it translated before going forward…. Regardless of the language the document is written in, the notarial certificate must be in English in order for you, as a Montana notary public, to complete it. Even if you are fluent in another language, you must use English for all notarial acts” (NPH).
“You may certify copies of certain foreign language documents using the same process and criteria as you would for any other document” (NPH).
Motor Vehicle Titles
Standards: The signature(s) of the seller(s) on a Montana motor vehicle title must be notarized.
“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.
The Secretary of State has adopted rules for remote online notarization in the Administrative Rules of Montana, Title 44, Chapter 15.
Technology Systems
Requirement: “(1) Remote and remote online notarizations shall only be performed using technology that allows the individuals communicating to simultaneously see and speak to one another.
“(2) When performing remote notarizations, the signal transmission shall be live, real time” (ARM 44.15.108[1]-[2])).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/.
Location of Notary: “A notarial officer may perform a remote notarization or remote online notarization only if the notarial officer … is physically located in this state at the time the notarial act is performed” Jurisdiction: “Montana notaries may only perform eNotarizations within the borders of Montana” (website, “eNotarization and Remote Notarization”).
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[2]).
For the requirement and methods of identifying principals for a remote notarization or remote online notarization, see “Identification” above.
“Notaries should be aware of the types of identification technologies, but it is actually the communications technology provider who is responsible for identifying the signer using these technologies prior to the active remote session. Your system provider will train you in your responsibilities for using the identification methods their system employs. In many, if not most of the remote transactions, the notary will not be brought into the session until the technology-based identification process has been successfully completed. However, the notary will most often have the opportunity to review the identification credential presented by the signer for a final ID check” (NPH).
“The notary has final authority to accept or deny the identification for any remote or RON transaction” (NPH).Single Recorded Session: “A notarial officer may perform a remote notarization or remote online notarization only if the notarial officer … executes the notarial act in a single recorded session that complies with this part” (MCA 1-5-603[10][b][iii]).
Confirmation of Record: “A notarial officer may perform a remote notarization or remote online notarization only if the notarial officer … is satisfied that any record that is signed, acknowledged, or otherwise presented for notarization by the principal is the same record remotely notarized by the notarial officer” (MCA 1-5-603[10][b][iv]).
- Quality of Communication Technology
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/.
Remote and Remote Online Notarial Acts
Applicable Law
Montana has enacted the Revised Uniform Law on Notarial Acts provisions regarding notarizations on electronic records.
The Secretary of State has adopted rules for remote online notarization in the Administrative Rules of Montana, Title 44, Chapter 15.
Technology Systems
Requirement: “(1) Remote and remote online notarizations shall only be performed using technology that allows the individuals communicating to simultaneously see and speak to one another.
“(2) When performing remote notarizations, the signal transmission shall be live, real time” (ARM 44.15.108[1]-[2])).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/.
Location of Notary: “A notarial officer may perform a remote notarization or remote online notarization only if the notarial officer … is satisfied that the quality of the communication technology is sufficient to make the determinations required for the notarial act under this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”] and any other applicable law of this state” physically located in this state at the time the notarial act is performed” (MCA 1-5-603[10][b][vi]).Proper Venue
Identification: “A notarial officer may perform a remote notarization or remote online notarization only if the notarial officer … identifies the venue as described in [MCA] 1-5-629” (MCA 1-5-603[10][b][vi]).
Recording and Journal: For the requirements that a Notary Public keep a journal and audio-visual recording of each remote and remote online notarial act, see “Records of Notarial Acts,” below.
Secure Authentication: “A notarial officer who performs principal through personal knowledge or satisfactory evidence” (MCA 1-5-603[10][b][ii]). For the requirement and methods of identifying principals for a remote notarization or remote online notarization, see “Identification” above.
“Notaries should be aware of the types of identification technologies, but it is actually the communications technology provider who is responsible for identifying the signer using these technologies prior to the active remote session. Your system provider will train you in your responsibilities for using the identification methods their system employs. In many, if not most of the remote transactions, the notary will not be brought into the session until the technology-based identification process has been successfully completed. However, the notary will most often have the opportunity to review the identification credential presented by the signer for a final ID check” (NPH).
“The notary has final authority to accept or deny the identification for any remote or RON transaction” (NPH).Single Recorded Session: “A notarial officer may perform a remote notarization or remote online notarization shall take reasonable steps to ensure that:
“(i) the notarial officer, the principal, and any required witness are accessing the communication technology or the electronic notarization system, or both, through an authentication procedure that is reasonably secure from unauthorized access;
“(ii) the principal and any required witness are viewing the same record; and
“(iii) all signatures, changes, and attachments to the record are made in real-time” only if the notarial officer … executes the notarial act in a single recorded session that complies with this part” (MCA 1-5-603[c10][b][iii]).Location Confirmation of Principal: “Subject to subsection (10)(b), a Record: “A notarial officer may perform a remote notarization or remote online notarization for a principal who is located:
“(i) in this state;
“(ii) outside of this state but within the United States; or
“(iii) outside the United States if:
“(A) the act is not known by the notarial officer to be prohibited in the jurisdiction in which the principal is physically located at the time of the act; and
“(B) the record is part of or pertains to:
“(I) a matter that is to be filed with or is before a public official or court, governmental entity, or other entity located in the territorial jurisdiction of the United States;
“(II) property located in the territorial jurisdiction of the United States; or
“(III) a transaction substantially connected with the United States” (only if the notarial officer … is satisfied that any record that is signed, acknowledged, or otherwise presented for notarization by the principal is the same record remotely notarized by the notarial officer” (MCA 1-5-603[10][ab][iv]).Governed by Montana Law: “A notarial act performed by means of communication technology is considered to have been performed in Montana and is governed by Montana law regardless of the physical location of the principal at the time of the notarization” Quality of Communication Technology: “A notarial officer may perform a remote notarization or remote online notarization only if the notarial officer … is satisfied that the quality of the communication technology is sufficient to make the determinations required for the notarial act under this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”] and any other applicable law of this state” (MCA 1-5-603[10][b][v]).
Proper Venue: “A notarial officer may perform a remote notarization or remote online notarization only if the notarial officer … identifies the venue as described in [MCA] 1-5-629” (MCA 1-5-603[d10][b][vi]).
...
Recording and Journal: For the requirements that a Notary Public keep a journal and audio-visual recording of each remote and remote online notarial act, see “Records of Notarial Acts
...
“Failure by a notarial officer to perform a duty or meet a requirement specified in this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”], except failure to comply with the provisions of 1-5-603(12) or 1-5-625(1)(a) through (1)(d) and (2), does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”] does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this state, other than this part, or the laws of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (MCA 1-5-624).
...
,” below.
Secure Authentication: “A notarial officer who performs a remote notarization or remote online notarization shall take reasonable steps to ensure that:
“(i) the notarial officer, the principal, and any required witness are accessing the communication technology or the electronic notarization system, or both, through an authentication procedure that is reasonably secure from unauthorized access;
“(ii) the principal and any required witness are viewing the same record; and
“(iii) all signatures, changes, and attachments to the record are made in real-time” (MCA 1-5-603[10][c]).Location of Principal: “Subject to subsection (10)(b), a notarial officer may perform a remote notarization or remote online notarization for a principal who is located:
“(i) in this state;
“(ii) outside of this state but within the United States; or
“(iii) outside the United States if:
“(A) the act is not known by the notarial officer to be prohibited in the jurisdiction in which the principal is physically located at the time of the act; and
“(B) the record is part of or pertains to:
“(I) a matter that is to be filed with or is before a public official or court, governmental entity, or other entity located in the territorial jurisdiction of the United States;
“(II) property located in the territorial jurisdiction of the United States; or
“(III) a transaction substantially connected with the United States” (MCA 1-5-603[10][a]).Governed by Montana Law: “A notarial act performed by means of communication technology is considered to have been performed in Montana and is governed by Montana law regardless of the physical location of the principal at the time of the notarization” (MCA 1-5-603[
...
10][d]).
Validity of Notarial Acts
“Failure by a notarial officer to perform a duty or meet a requirement specified in this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”], except failure to comply with the provisions of 1-5-603(12) or 1-5-625(1)(a) through (1)(d) and (2), does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”] does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this state, other than this part, or the laws of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (MCA 1-5-624).
Withholding Records
“A notary public may not … except as otherwise allowed by law, withhold access to or retain possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (MCA 1-5-625[1][g]).
...
“A Notary may not: … affix the notary public's official signature or stamp to any record that does not contain the notary public's completed notarial certificate, unless otherwise directed by statute or rule” (MCA 1-5-625[d]).
“Simply affixing your seal and signing your name does not constitute a proper notarization in the state of Montana — EVER!!!” (NPH)
CERTIFICATE OF NOTARIAL ACT
...
General Requirement: “A notarial act must be evidenced by a certificate completed by a notarial officer” MCA 1-5-609[1]).
“Simply affixing your seal and signing your name does not constitute a proper notarization in the state of Montana — EVER!!!” (NPH)[a]).Specific Requirements: “(b) The “The certificate must:
“(i) be executed contemporaneously with the performance of the notarial act;
“(ii) specify the notarial act performed;
“(iii) identify the venue as described in [MCA] 1-5-629;
“(iv) identify the name of the principal, the type of record and issuing entity that is copied, or the information the notarial officer has certified under 1-5-603(11);
“(v) be signed and dated by the notarial officer. If the notarial officer is a notary public, a clerk of court, a deputy clerk of court, a clerk and recorder, a deputy clerk and recorder, the state registrar, or the authorized agent of the state registrar, the certificate must be signed in the same manner as on file with the secretary of state.
“(vi) contain the title of the office of the notarial officer; and
“(vii) contain the impression or electronic image of the notary public’s official stamp or the notarial officer’s seal” (MCA 1-5-609[1][b]).Remote Notarial Certificate: “A certificate of a remote notarization or remote online notarization must include the information specified in subsection (1)(b), indicate that the notarial act was performed using communication technology, and include any other information required by rule” (MCA 1-5-609[3]).
...
Acknowledgment by Individual (website, “Templates for Notary Certificates”) State of Montana The attached record _______________ (description of record), consisting of ______ pages was acknowledged before me on _______________ (date) by _______________ (name[s] of signer[s]). (Affix stamp above) _______________ (Notary Signature This certificate is to be attached to the record described above. (Affix stamp above) Any evidence that it has been detached or removed may render the notarization invalid or unacceptable. |
...
Acknowledgment by Representative (website, “Templates for Notary Certificates”) State of Montana The attached record _______________ (description of record), consisting of ______ pages was acknowledged before me on _______________ (date) by _______________ (name[s] of signer[s]) as _______________ (title or capacity) of or for _______________ (named person or entity). (Affix stamp above) _______________ (Notary Signature (Affix stamp above) This certificate is to be attached to the record described above. Any evidence that it has been detached or removed may render the notarization invalid or unacceptable. |
Verification on Oath or Affirmation (MCA 1-6-610[3]) State of Montana This record was signed and sworn to (or affirmed) before me on _______________ (date) by _______________ (name[s] of individual[s]). _____________ (Signature of notarial officer) |
Verification on Oath or Affirmation (website, “Templates for Notary Certificates”) State of Montana The attached record _______________ (description of record), consisting of ______ pages was signed and sworn to or affirmed before me on _______________ (date) by _______________ (name[s] of signer[s]). (Affix stamp above) This certificate is to be attached to the record described above. Any evidence that it has been detached or removed may render the notarization invalid or unacceptable. |
or removed may render the notarization invalid or unacceptable. |
Jurat (NPH) State of Montana On this ________ day of ____________, 20, _______________ personally appeared before me and having been duly sworn did herein execute the above record for the purposes stated. _______________ (Notary Signature) (Affix seal/stamp as close to |
Signature Witnessing or Attestation (MCA 1-6-610[4]) State of Montana |
This record was signed before me on ________ |
_______ (date) by _____ |
__________ |
(name[s] of individuals[s]). _____________ |
( |
Signature of notarial officer) |
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Signature Witnessing or Attestation by Representative (MCA 1-6-610[ |
5]) State of Montana This record was signed before me on _______________ (date) by _______________ (name[s] of individuals[s]) as (title or capacity) of or for (name of party on behalf of whom the record was executed). _____________ (Signature of notarial officer) |
Signature Witnessing or Attestation (website, “Templates for Notary Certificates”) State of Montana The attached record _______________ (description of record), consisting of ______ pages was signed before me on _______________ (date) by _______________ (name[s] of signer[s]). (Affix stamp above) _______________ (Notary Signature (Affix stamp above) This certificate is to be attached to the record described above. Any evidence that it has been detached or removed may render the notarization invalid or unacceptable. |
Signature Witnessing or Attestation (NPH) In the County of __________, State of __________, On this __________ day of _______________, _____, before me, the undersigned Notary Public, personally appeared _______________, who was personally known to me, proved to me through documentary evidence, or identified by a credible witness to be the person named in the foregoing, and executed the same. _______________ (Notary Signature) (Affix seal/stamp as close to _______________ Printed Name |
Copy Certification by Notary (MCA 1-6-610[56]) State of Montana I certify that this is a true and correct copy of _______________ (identification of record) in the possession of, or issued by, _______________ (custodian or issuer) and made by me on _______________ (date). _____________ (Signature of notarial officer) |
Copy Certification of a Tangible Record (website, “Templates for Notary Certificates”) State of Montana I certify that the attached record consisting of _____ pages a true and correct copy of the _______________ (identification of record), and original record in the possession of, or issued by, _______________ (custodian or issuer) and made by me on ____________ (date). (Affix stamp above) _______________ (Notary Signature This certificate is to be attached to the record described above. (Affix stamp above) Any evidence that it has been detached or removed may render the notarization invalid or unacceptable. |
Copy Certification of an Electronic Record (NPH, website, “Templates for Notary Certificates”) State of Montana I certify that the foregoing and annexed record entitled _______________ (title of record), dated ____________ (date), and consisting of _____ (pages or size of file) is a true and correct copy of an electronic record printed directly for the electronic file by me on ____________ (date). (Affix stamp above) _______________ (Notary Signature This certificate is to be attached to the record described above. (Affix stamp above) Any evidence that it has been detached or removed may render the notarization invalid or unacceptable. |
Copy Certification by Document Custodian (NPH) I certify that this is a true and correct copy of _______________ (itle title or description of original document) in my possession and made by me on _______________ (date). Signed _______________ State of Montana This record was signed and sworn to before me on _______________ (date) by _______________ (printed name of signer[s])). _______________ (Notary Signature) (Affix seal/stamp as close to |
Remote or Remote Online Notarization for a Principal State of Montana This record was (acknowledged) (signed) (signed and sworn to or affirmed) before me by use of communication technology on _______________ (date) by _______________ (name of principal(s)), who declared that (he) (she) (they) (is) (are) located in _______________ (place where principal(s) was/were physically located at the time of notarial act) and that this record is part of or pertains to a matter that is to be filed with or is before a court, governmental entity, or other entity located in the United States or involves property located in, or a transaction substantially connected with, the United States. _____________ (Signature of notarial officer) |
Remote or Remote Online Notarization for a Principal State of Montana This record was (acknowledged) (signed) (signed and sworn to or affirmed) before me by use of communication technology on _______________ (date) by _______________ (name of principal(s)), who declared that (he) (she) (they) (is) (are) located in _______________ (place within the United States where principal(s) was/were physically located at the time of notarial act). _____________ (Signature of notarial officer) |
Remote or Remote Online Notarization (website, “Templates for Notary Certificates”) State of Montana The attached record entitled ____________ (identification of record) was acknowledged/signed/signed and sworn to or affirmed before me by use of communication technology on ____________ (date) by ____________ (name[s] of signer[s]) who declared that he/she/they is/are located in _______________ at the time of the notarization and that this record is part of or pertains to a matter that is to be filed with or is before a court, governmental entity, or other entity located in the United States or involves property located in, or a transaction substantially connected with, the United States. (Affix stamp above) _______________ (Notary Signature (Affix stamp above) |
Certification of Fact or Event (MCA 1-5-610[11]; website, “Templates for Notary Certificates”) State of Montana I certify that I have confirmed that _______________ (information that is being verified) is true and correct based on a review of _______________ (the source of the information) made by me on _______________ (date). _____________ (Signature of notarial officer) |
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“Every notarial act performed by a notary public is done under the notary’s oath of office, and the statement made on every notarial certificate completed by a notary public is done under that oath. If the notarial certificate states that the document was ‘signed before’ the notary, that’s exactly what the notary’s official testimony is claiming: The document was signed in the notary’s presence. If the notary certificate contains the words ‘subscribed and sworn to before me,’ that, too, means the document was signed in the notary’s presence and the notary administered an oath to the signer, who swore under penalty of perjury that the statements and information contained in the document were true and correct to the best of his or her knowledge. The words contained in the notarial certificate are not mere formalities; they are the notary’s ‘witness statement’ telling what happened, where it happened, when it happened, and who was involved. The accuracy and completeness of every notarial certificate is a fundamental expectation of the office” (NPH).
Representative Capacity Certificates
“[M]ost documents’ notarial certificates do not anticipate that the document will be signed by someone other than the person or entity whose name appears on the document, so the notary will have to adjust the preprinted notarial certificate accordingly. You may wish to substitute a correct notarial block by lining through the pre-printed block and attaching a correct form with the signer’s permission” (NPH; see also “Completing Certificates” under “Certificate of Notarial Act,” below).
Certificate Variations
“Understand that you will most likely see variations in the pre-printed notarial certificates, but you should be able to figure out what type of notarial act is being anticipated and how to fill in any blanks. Some pre-printed notarial certificates, instead of providing blank spaces for you to enter information, will provide multiple choices for certain details; in these cases you should either circle the appropriate information or cross through the other options. If you are unable to determine the type of notarial act or if you do not understand what information is to be entered in a particular space, then you should request assistance before attempting to complete the notarization” (NPH).
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SEAL AND SIGNATURE
Definitions
Official Stamp: “‘Official stamp’ means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record” (MCA 1-5-602[18]).
Stamping Device: “‘Stamping device’ means:
“(a) a physical device capable of affixing to or embossing on a tangible record an official stamp; or
“(b) an electronic device or process capable of attaching [an official stamp] to or logically associating an official stamp with an electronic record” (MCA 1-5-602[33]).
Official Stamp Requirement
Notarial Acts
Notaries Public: Required.
“(1) (a) A notarial act must be evidenced by a certificate completed by a notarial officer.
“(b)Notaries Public: Required.
The certificate must … contain the impression or electronic image of the notary public’s official stamp or the notarial officer’s seal” (MCA 1-5-609[1][a][vii]).Other Notarial Officers: Required (MCA 1-5-609[1][a][vii]).
In-Person Electronic Notarial Acts
Notaries Public: Required (MCA 1-5-609[1][a][vii]).
Other Notarial Officers: Required (MCA 1-5-609[1][a][vii]).
Remote Notarial Acts
Notaries Public: Required for both paper and electronic remote notarial acts (MCA 1-5-609[1][a][vii]).
Other Notarial Officers: Required (MCA 1-5-609[1][a][vii]).
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The below typical, actual-size examples of rubber stamp, embossing, traditional and electronic Notary seals official stamps are allowed by Montana law. Other formats may also be permitted.
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“A journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records” (MCA 1-5-618[2][b]).
Paper Journal
Permanently Bound: “The format of a journal maintained on a tangible medium must be a permanent, bound register designed to deter fraud” (MCA 1-5-618[2][b]).
Types of Tangible Journals: The “Notary Public Handbook” discusses the different types of paper journals. With “line-style” journals, “The pages face each other and the information is written across the gutter. Since the information is contained on two separate pages, and entries are made on both sides of a page, this type of journal is very tamper-resistant. It is often chosen by notaries who routinely notarize a high volume of documents. The use of ditto marks is acceptable for everything but the signature. If multiple documents for the same signer are recorded at the same time and more than one line is used, a diagonal line may be drawn across the spaces and the signer may place his signature there rather than signing each separate line” (NPH).
“Block-styled” journals “have a single block for every notarial act, although in some situations, more than one document signed by the same person may be grouped in one entry in the journal” (NPH).
Electronic Journal
Permanent, Tamper-Evident: “A journal maintained in an electronic format must be in a permanent, tamper-evident electronic format that complies with the rules adopted by the secretary of state” (MCA 1-5-618[2][b]).
Commercially Produced: “Electronic journals must be commercially produced and create chronological, sequential, and non-modifiable records that can be accessed upon demand and turned over in digital format to the Secretary of State’s office in accordance with §1-5-615, MCA if necessary” (NPH).
“Because this is a relatively new technology, there are many developers and vendors introducing new products. Before investing in a particular product, it is the notary’s responsibility to determine that the electronic journal meets the minimum criteria established. There are, and will likely continue to be, many ‘apps’ that claim to be electronic journals but do not offer the security and tamper-evident qualities that are mandated for electronic journals” (NPH).
Multiple Journals
Some notaries may wish to keep one journal at work and another for personal use. Others may want to use both an electronic and a paper journal. A notary will be expected to produce any and all journal records as appropriate upon request of an authorized party” (NPH).
Journal Entries
Required Entries: “An entry in a journal must be made contemporaneously with performance of the notarial act and contain:
Description of Document:
“(a) the date and time of the notarial act;
“(b) a description of the record, including the date of the record if indicated, and the type of notarial act;
“(c) the full name and address of each principal;
“(d) the signature of each principal, except (i) transcripts of depositions and certified copies do not require the signature of the individual for whom the notarial act is performed; and (ii) if the notarial act is performed using communication technology, the journal record must reference the storage location of the audio-video recording in lieu of the signature of the principal;
“(e) if the identity of the principal is based on personal knowledge, a statement to that effect;
“(f) if the identity of the principal is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance or expiration of any identification credential;
“(g) if the notarial act is performed using an electronic notarization system or communication technology, or both, a notation identifying the system or technology, or both; and
“(h) the fee, if any, charged by the notary public” (MCA 1-5-618[3]).An entry in a journal must contain (MCA 1-5-618[3]):
Date and Time: The date and time of the notarial act.
Description of Record: A description of the record, including the date of the record if indicated, and the type of notarial act.
“Typically, this is the date of the document (if indicated) and the type of the document such as ‘contract,’ ‘deed,’ ‘power of attorney,’ ‘affidavit,’ etc. If more than one document is being notarized, each document should be described. The date may be the date the document was issued or the date it was signed and is usually printed on the document before it is signed. If no date appears on the document, you may consider the date of notarization as the date of the document. If you are unable to determine the type of document, the signer should be able to tell you what [type of document] is being signed” (NPH).Signer’s Principal Name , and Address and Signature: “This is absolutely the most important entry in the journal. This proves that the signer personally appeared to you at the time the notarization was performed. Whenever : The full name and address of each principal.
“Whenever possible, the printed name and address should be entered by the signer; the signature, of course, must always be entered by the signer. The signer should be advised to enter his or her name the same way it appears on the document being notarized. It does not matter whether the signer uses a business or home address” (NPH).Method of Identification: “If you know the signer well, enter PERSONAL KNOWLEDGE. If you are relying on DOCUMENTARY PROOF, you should enter the issuing entity, the type of document (ex: ‘Montana DL’), and the date the ID was issued or expires. DO NOT ENTER THE NUMBER OF ANY ID DOCUMENT. If you rely on a CREDIBLE WITNESS, your journal should reflect that you performed two separate notarial acts, including the oath of the credible witness and the acknowledgment, signature, or jurat of the signer” (NPH).
Additional Information: “Use this always be entered by the signer. The signer should be advised to enter his or her name the same way it appears on the document being notarized. It does not matter whether the signer uses a business or home address” (NPH).
Signature of Principal: The signature of each principal, except:
Transcripts of depositions and certified copies do not require the signature of the individual for whom the notarial act is performed.
If the notarial act is performed using communication technology, the journal record must reference the storage location of the audio-video recording in lieu of the signature of the principal.
“This is absolutely the most important entry in the journal. This proves that the signer personally appeared to you at the time the notarization was performed” (NPH).
Personal Knowledge: A statement that the identity of the principal is based on personal knowledge, if applicable.
Satisfactory Evidence: A brief description of the method of identification and the identification credential presented, if any, including the date of issuance or expiration of any identification credential, if the identity of the principal is based on satisfactory evidence.
Technology-Based Notarial Acts: A notation identifying the system or technology, or both, for notarial acts performed using an electronic notarization system or communication technology.
Notary Fee: The fee, if any, charged by the Notary.
Optional Entries: “Use [the additional information] space to include any information that may be pertinent to the situation. It is especially helpful to note anything unusual or additional that occurred or was a part of the transaction. Many journal entries will not require any additional information. Electronic journals often capture GPS data and allow you to take a picture of the signer, to provide additional proof of where the notarization took place and who signed the document” (NPH).
Thumbprints:“Many journals will have spaces for fingerprints or thumbprints. Montana law does not require thumbprints, but there is no prohibition against notaries including a finger or thumbprint as further proof of the signer’s presence and identity” (NPH).
Prohibited Entries: “A notary public may not record in the journal a social security number, passport number, driver’s license number, birth date, or any other information prohibited by the secretary of state. A notary public may include other information descriptive of the record, including the number of pages in a document, whether the document was written in a foreign language, or other information pertaining to the record that is not otherwise prohibited by law or rule” (MCA 1-5-618[4]).
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Inspection and Copies of Journal
All Persons: “(6)(a) Any person may inspect or obtain a copy of an entry in a notary public’s journal if:
“(i) the person specifies in a signed tangible or electronic request the month, year, type of record, and name of the principal;
“(ii) the notary public does not surrender possession or control of the journal;
“(iii) the person is shown or given a copy of only the entry specified; and (iv) the notary is satisfied that a person requesting the inspection or copy does not have a criminal or other illegal purpose for inspecting the entry or obtaining the copy.
“(b) A journal may be examined and copied without restriction:
“(i) by a law enforcement officer in the course of an official investigation;
“(ii) if subpoenaed by court order; or
“(iii) at the direction of the secretary of state” (MCA 1-5-618[6]).Employers: “An employer may retain a copy of the journal of an employee who is a notary after the notary’s employment ceases if the journal contains records of notarial acts performed within the scope of the notary’s employment” (MCA 1-5-618[5][b]).
Ownership of Journal
Sole Control: “Except as provided in [MCA 1-5-619] subsection (9)(b), a notary public shall keep sole control of the journal and all other notarial records and surrender or destroy them only as authorized by law or rule, by court order, or at the direction of the secretary of state” (MCA 1-5-618[5][a]).
Sole Use: “A notary public may not allow the notary’s journal to be used by any other notary and may not surrender the journal to an employer upon termination
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of employment without the approval of the secretary of state” (MCA 1-5-618[5][b]).
Lost or Stolen Journal
“A notary public shall promptly notify the secretary of state on discovering that the notary public’s journal is lost or stolen” (MCA 1-5-618[7]).
Disposition of Journal
Current and Former Notaries Public: “(1) A notary public must retain the notary’s journal(s) at all times while holding an active commission unless the notary has satisfied the requirements set forth by (a).
“(a) A notary who transmits control of the notary’s journal(s) to the notary’s employer shall complete the form prescribed by the Secretary of State and signed by the notary and the notary’s employer indicating:
“(i) the physical location where the journal(s) will be kept;
“(ii) the name, phone number, and email of the employer or the custodian of the records; and
“(iii) the notary’s authorization for the designated custodian to release the records in
accordance with 1-5-618(6), MCA, and the custodian’s agreement to accept the responsibility and conditions.
“(2) When conditions” (ACM 44.15.110[1][a]).Resignation, Non-Renewal of Commission: “When a notary voluntarily resigns or chooses not to renew a commission, the notary may choose to transmit the notary’s journal(s) to an approved repository by submitting the form prescribed by the Secretary of State and signed by the notary indicating:
“(a) the physical location where the journal(s) will be kept;
“(b) the name, phone number, and email of the proposed custodian of the records; and
“(c) the notary’s authorization for the designated custodian to release the records in accordance with 1-5-618(6), MCA, and the custodian’s agreement to accept the responsibility and conditions” (ACM 44.15.110[2]).
“Notaries have the choice of either retaining their journals themselves or sending their journals to the Secretary of State’s office for retention” (website, “Montana Notary Journals”).
“It is the notary’s personal responsibility to maintain possession of all journals created during the entire time the notary holds an active commission. A notary does not have to change journals when the commission is renewed; one journal may, in fact, contain the records for several years if the notary does only a few notarizations” (NPH).Revocation of Commission: “Upon revocation of a notary public’s commission, the notary shall transmit the notary’s journal and audio-visual recordings to a repository approved by the secretary of state” (MCA 1-5-618[11]).
Notary’s Death or Incompetency: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the notary public’s journal or audio-visual recordings shall transmit all journals and recordings to a repository approved by the secretary of state” (MCA 1-5-618[10]).
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Informed Consent: “Prior to performing any remote and remote online notarization, the notary public shall inform all individuals participating in the notarization that the notarization will be electronically recorded” (ARM 44.15.108[4]).
Notary Recitation: “All All recordings of remote and remote notarizations shall include a recitation by the notary public Notary that includes the following :
“(a) the notary public’s name;
“(b) the notary public’s commission expiration date;
“(c) (ARM 44.15.108[5]):Name of Notary: The recording must include the Notary’s name.
Commission Expiration Date: The recording must include the Notary’s commission expiration date.
Declaration by Individuals: The recording must include a declaration that all individuals participating in the remote notarization have been informed by the notary public that the notarization will be electronically recorded
“(d).
Date and Time: The recording must include the date and time the notarial act is being performed
“(e).
Location of Remote Act: The recording must include the state and county in which the notary public is located when the notarial act is being performed
“(f).
Type of Remote Act: The recording must include the type of notarial act that is being performed
“(g).
Record Type or Title: The recording must include the type or title of record that is being notarized
“(h).
Medium: The recording must include whether the notarial act is being performed on a tangible or electronic record
“(i).
Identification of Remote Principal: The recording must include how the individual for whom the notarial act has been identified
“(j) if a record is being executed, an acknowledgement that the person for whom the notarial act is being performed has the competency or capacity to execute the record” (ARM 44.
Personal Knowledge: “If the individual for whom the notarial act is being performed is being identified by personal knowledge, the recording of the remote notarization shall include an explanation by the notary public as to how the notary public has come to know the individual for whom the notarial act is being performed and the length of time the notary public has known the individual” (ARM 44.15.108[7]).
Credible Witness: “If the individual for whom the notarial act is being performed is being identified by credible witness, the recording of the remote notarization shall include:
“(a) a statement by the notary public as to how the credible witness was identified” (ARM 44.15.108[8][a]).
In addition, the credible witness must explain how the credible witness has come to know the individual for whom the notarial act is being performed and the length of time the individual has been known, and the witness’s sworn statement identifying the principal must be recorded.Identification Technologies: “If the individual for whom the notarial act is being performed was identified by means of identification technologies, the notary shall state the two or more types of technologies used” (ARM 44.15.108[9]).
Competence or Capacity: If a record is being executed, The recording must include an acknowledgement that the person for whom the notarial act is being performed has the competency or capacity to execute the record.
Signer Recitation: “All recordings of remote notarizations shall include a recitation by the individual for whom the notarial act is being performed that includes the following:
“(a) the individual’s name;
“(b) where the individual legally resides;
“(c) a declaration that the signature made on the record being notarized is that of the individual;
“(d) the date the individual signed the record being notarized;
“(e) a declaration that the signature made on the record being notarized was made by the individual knowingly or voluntarily; and
“(f) if the individual is located outside of the United States at the time of the remote notarization, a declaration that the individual is unaware of any legal conflicts that prohibit the individual’s participation in a remote notarization” (ARM 44.15.108[6]).
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Recording Requirements
Document Formatting Requirements: “Unless accompanied by the appropriate fee required in [MCA] 7-4-2637, a document submitted for recording must:
“(a) be legibly printed or typed in blue or black ink on white paper that is either 8 ½ x 11 inches or 8 ½ x 14 inches in size;
“(b) provide the names of the parties to the conveyance on the first or second page of any document with more than one page;
“(c) provide a description of the property if the document conveys an interest in real property;
“(d) have all signatures, initials, dates, or handwriting in blue or black ink;
“(e) except as provided in subsection (1)(f) and except for page numbers, initials, or other designations, have margins that are clear of all markings in the following dimensions:
“(i) at least 3 inches at the top of the first page and at least 1 inch at the top of the second and any subsequent pages;
“(ii) at least 1 inch on the bottom of each page;
“(iii) at least ½ inch on the sides of each page; and
“(f) include the name and mailing address of the person to whom the document is to be returned in the upper left-hand corner of the first page between the ½-inch side margins of each document submitted and may include legibly printed or typed transactional information” (MCA 7-4-2636[1]).
“(3)(a) An acknowledgment by a notary is exempt from the color and margin requirements of this section.
“(b) Page numbers, the name and mailing address of the person to whom the document is to be returned, and other administrative information or designations may appear in the margins.
“(c) If the notarial seal is made by impression of an embosser, the seal is exempt from the margin requirements of this section.
“(4) An officially certified court or other government document, whether from an in-state or out-of-state office, is exempt from the provisions of this section” (MCA 7-4-2636[1]).Acknowledgment or Proof Required: “Unless an instrument belongs to a class provided for in either 70-21-205 or 70-21-207, before the instrument can be recorded, its execution must be acknowledged as provided in subsection (1) or proved as provided in subsection (2).
“(1) Execution of the instrument must be acknowledged, as acknowledgment is defined in 1-5-602:
“(a) by the person executing it; or
“(b) if executed by a corporation, by its president, vice president, secretary, or assistant secretary or by any other person duly authorized by resolution by the corporation to act on behalf of the corporation.
“(2) Execution of the instrument must be proved by a subscribing witness or as provided in 1-5-302 and 1-5-303. Proof of execution as provided for in this subsection must be notarized as provided in Title 1, chapter 5” (MCA 70-21-203).
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Authenticating certificates for Notaries, both “authentications” and apostilles, are issued by the Montana Secretary of State’s office. County clerks are not involved (website, “Apostilles and Authentications”).
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and Authentications”).
Address:
Secretary of State
Notary and Certification Services
P.O. Box 202801
1301 6th Avenue
Helena, MT 59620-2801Telephone: 1-406-444-1877
Procedure (website, “Apostilles and Authentications”)
Mailed and In-Person Requests: Persons requiring authentication may mail or present in person
their request for an authentication. If documents are presented in person, an appointment is required.
Original Document: The original notarized document(s)
must be submitted.
Notarization: Documents must be properly notarized, or they will not be authenticated.
Request Form: A completed “Apostille or Authentication Request” form (available on the website)
must be submitted with the request.
Return Delivery: A stamped self-addressed envelope
must be included in all mailed requests.
Review of Documents: To help avoid delays in processing requests, the Secretary’s office will review and approve documents prior to their presentation or mailing for authentication. Documents submitted for review and approval must be emailed to the Secretary’s office.
Fees: $10 per document for an authentication or an apostille, by check or money order payable to “Montana Secretary of State” (ARM 44.15.105; website, “Certification Request Form”).
Processing Time: Normal processing time is three to five days
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School Transcripts: In order for a certified copy of a school transcript or grade report to be authenticated by the state, an authorized school official (e.g., principal, registrar) must certify the document (NPH).
The following sample wording for a school official certifying an original school document may be used:
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