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Last Updated December

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19, 2024

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1. Qualifications: An applicant for appointment as a Montana Notary Public must (MCA 1-5-619[1] and [2]; ARM 44.15.101[2]):

   1. Be at least 18 years old;

   2. Be a citizen or permanent legal resident of the United States;

   3. 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;

   4. Hold a current professional license to practice the profession in Montana issued by an appropriate Montana authority;

   5. Be the spouse or legal dependent of military personnel assigned to active duty in Montana;

   6. Be able to read and write English;

   7. Have passed an examination (see “Exam,” below);

   8. Meet the education requirements (effective July 1, 2020; see “Course,” below); and

   9. Not have been disqualified for a commission pursuant to MCA 1-5-621.

2. 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]).

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.

   1. Online: The examination is administered online (NPH).

   2. Content: The exam must be based on the course of study described below (MCA 1-5-620[1]; ARM 44.15.101[4]).

   3. 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]).

   4. Passing Score: A passing score is 80% (ARM 44.15.101[4][a][i]).

4. Application

   1. Online Filing: Applicants for appointment as a Montana Notary Public must file their applications using Montana’s online filing system.

   2. 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]).

   3. 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.

   4. 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.

   5. 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.

   6. Status: Applicants can monitor the status of their application through the online filing system.

   7. 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.

5. Background Screening: Not required.

6. 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.

7. 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).

8. No Immunity or Benefit: “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]).

9. 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]).

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“The applicant shall submit with the application and fee, a bond on the form prescribed by the Secretary of State from an approved bonding company in the amount of $25,000 for the full four-year terms of the notary commission. The bonding company shall notify the secretary of state’s office within 30 business days if a claim is made against the bond or if the bond is canceled or otherwise not honored” (ARM 44-.15-.103).

Changes of Status

1. Information Change: “A notary public shall notify the Secretary of State within 30 calendar days of any change in the information on file with the Secretary of State, using the form prescribed by the Secretary of State, including the notary public’s:
   “(a) name;
   “(b) physical/residential address;
   “(c) mailing address;
   “(d) personal or work e-mail address;
   “(e) personal telephone number;
   “(f) alternate phone number or contact person;
   “(g) employer’s name, address, or telephone number; and
   “(h) use of electronic notarization technology” (ARM 44.15.106[1]).
   “Notaries are required by law to provide certain information as part of the application process, including their name, physical residence address, mailing address, personal telephone number, employment information, and whether eNotarization services are offered. This information must be updated as necessary during the term of office. You must notify the Secretary of State’s office within 30 days of any changes. An amended Certificate of Commission will be issued when your name or city of residence changes and you will have to obtain a new stamp showing the updated information” (NPH).
   Changes of information must be made using the Secretary of State’s online filing system.

2. Crime, Fraud, or Action Against Commission: “A notary public shall notify the Secretary of State within 30 calendar days of:
   “(a) being convicted of or entering a plea of guilty or no contest to a felony or crime involving fraud, dishonesty, or deceit;
   “(b) being found in any legal proceeding or disciplinary action to have acted fraudulently, dishonestly, or deceitfully; or
   “(c) having a notary commission denied, revoked, or restricted in a state other than Montana” (ARM 44.15.106[3]).

3. Resignation or Relocation Out of State: “A notary public shall notify the Secretary of State within 30 calendar days on a form provided by the Secretary of State:
   “(a) if the notary public resigns an active commission prior to the expiration date;
   “(b) if the notary public moves out of state and no longer meets the residency requirements to hold a commission; or
   “(c) if the notary does not intend to renew the commission and include the following information:
   “(i) the date on which the resignation is effective;
   “(ii) the location where the notary’s journals are to be stored; and
   “(iii) the notary’s future contact information if different from the information on file with the Secretary of State” (ARM 44.15.106[4]).

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1. 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]).

2. Requirements

   1. 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]).

   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 1-5-603[2]).

   3. Oath of Principal:/Affirmation: The certificate of notarial act for a verification on oath or affirmation reads, his record was signed and sworn to (or affirmed) before me on _______________ (date) by _______________ (name[s] of individual[s])” (MCA 1-5-610[3]). The notarial officer must witness the principal execute their signature.
      “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).

   4. 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).

3. “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).

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1. 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).

2. Requirements

   1. 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]).

   2. 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

   3. Witness Signature: The certificate of notarial act for a signature witnessing reads, “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)” (MCA 1-5-610[4]). The notarial officer must witness the principal execute their signature.

   4. 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]).

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In addition, Montana has several non-statutory notarial certificate forms for notarial acts on the Secretary of State’s website and in the “Montana Notary Public Handbook.” These notarial certificate forms follow or are referenced.

Sufficiency of Certificate

“A certificate of a notarial act is sufficient if the certificate meets the requirements of subsections (1) and (2) [see “Certificate Components,” above] and this subsection and:
“(a) is in the short form set forth in 1-5-610;
“(b) is in a form otherwise permitted by the law of this state;
“(c) is in a form permitted by the laws applicable in the jurisdiction in which the notarial act was performed; or
“(d) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in 1-5-610, 1-5-616, and this section or of the laws of this state other than specified in this part [MCA Title 1, Chapter 5, Part 6, “Notarial Acts”]” (MCA 1-5-609[34]).

Certificate Under Oath

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“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).

Security of Certificate

1. Tangible Record: “The certificate for a notarial act on a tangible record must be part of or securely affixed to the record” (MCA 1-5-609[2][a]).

2. Electronic Record: “The certificate for a notarial act on an electronic record must be attached to or logically associated with the record” (MCA 1-5-609[2][b]).

Missing or Incorrect Certificate

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1. Contemporaneous with Notarial Act: “The certificate must … be executed contemporaneously with the performance of the notarial act …” (MCA 1-5-609[1][a]).

2. Blank Spaces: “In preprinted notarial certificates with several blank spaces in them, try inserting the name of the signer and/or pronouns referring to the signer” (NPH).

3. Use of “Only”: When Notaries are completing a notarial certificate, “it is a good habit to enter the word ‘only’ in parentheses after entering the name(s) of the signer(s), so that additional names cannot be entered in an attempt to indicate that other signatures were notarized” (NPH).

4. Commission Information: “Because the combination seal/stamp includes the statutorily required information, you do not have to re-enter the information below your signature. You should line through that part of the certificate to indicate that you did not ‘just forget’ to complete it” (NPH).

5. Out-of-State Documents: “There is nothing that inherently prevents a Montana notary from notarizing documents that originated outside of Montana. Remember, however, that the notary must be careful to correctly identify the venue (the state and county where the notarization was actually performed) on the document. Many times this information will be entered on the pre-printed certificate (i.e., ‘State of Florida, County of Broward’) and the Montana notary will have to cross out the incorrect venue and enter the correct information (i.e., ‘State of Montana, County of _________’)” (NPH).

6. Certificate Labels: “We have created a series of notarial certificates that may be downloaded from our website and printed on 2” x 4” shipping labels and then affixed directly to the document” (NPH).

Correcting a Certificate

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1. Information or Omissions on Certificate: “A notary public may subsequently correct any information included on or omitted from a certificate executed by that notary if the change or correction can be evidenced by the information contained in the notary’s journal record of the

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1. transaction” (MCA 1-5-609[5][a]).
   “Any changes or corrections must be dated and initialed by the notary public and a corresponding notation of the changes must be made in the journal

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1. record” (MCA 1-5-609[5][a]).

2. Only Notary May Make Changes: “Only the notary public who performed the notarization may make or authorize a change or correction to a previously completed

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1. certificate” (MCA 1-5-609[5][c]).

2. Third Party Changes: “If a notary public authorizes a third party to change or correct the information included or omitted on a previously completed certificate, the authorization must be granted in writing and a copy of the message authorizing the change and a copy of the changed certificate must be attached to the notary public’s journal record for that transaction“ (MCA 1-5-609[5][c]).

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SEAL AND SIGNATURE

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1. Notarial Acts

   1. Inked Seal/Stamp Unit: “As of October 1, 2013, all Montana notaries are required to have an ink stamp unit, rectangular in shape and … that contains a seal … and the additional statutorily mandated information …” (website, “Montana Notary Seal/Stamp”).

   2. Ink Color: If the Notary’s official seal/stamp unit is a physical image, it must be in blue or black ink (MCA 1-5-616[2][b]; ARM 44.15.107[1][b]).

   3. Reproducibility: “The official stamp of a notary public must … be capable of being copied together with the record to which the official stamp is affixed or attached or with which the official stamp is logically associated” (MCA 1-5-616[2][cb]).

   4. Shape/Size: The combination seal/stamp unit prescribed by the Montana Secretary of State must be rectangular with an outer border of approximately 1 inch by 2½ inches, with a circular seal contained within (ARM 44.15.107[1][a], [1][c] and [1][e]).

   5. Components: Circular Seal: The following information must appear within the circular seal, which sits inside the rectangular border (ARM 44.15.107[1][c]):
      1. Name of Notary exactly as it appears on the certificate of commission;
      2. “Notarial Seal”;
      3. “State of Montana”.
      Rectangular Element:In addition to the information within the circular seal, the following information must appear within the official seal/stamp’s rectangular border to the right of the circular seal (ARM 44.15.107[1][d]):
      1. Name of Notary exactly as it appears on the certificate of commission;
      2. “Notary Public for the State of Montana”;
      3. “Residing at” immediately followed by the name of the city or town and state where the Notary lives;
      4. “My Commission Expires” immediately followed by the Notary’s commission expiration date, expressed as month (spelled out), day, and four-digit year.

2. In-Person Electronic Notarial Acts: The definition of “official stamp” cited above indicates that an official stamp may be an “electronic image” of the Notary’s or notarial officer’s official stamp. This means the requirements for the format of an official stamp on tangible records apply to Notaries and notarial officers who perform in-person electronic notarial acts.
   “The notarial seal/stamp on eNotarizations must comply with the standards for tangible seals/stamps…. When performing eNotarizations, the notarial certificate and official stamp must be attached to, or logically associated with, the document/record bearing the notarized signature” (website, “eNotarization and Remote Notarization”).

   “The design and content of an electronic seal/stamp must be the same as the ink stamp” (NPH).

3. Remote (Paper and Electronic) Notarial Acts: The requirements for the format of an official stamp on tangible records apply to Notaries and notarial officers who perform all forms of remote notarial acts.

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1. Requirement: “A notarial act must be evidenced by a certificate completed by a notarial officer… The certificate must: … be signed and dated by the notarial officer” (MCA 1-5-609[1][ab][v]).

2. Notaries Public: “If the notarial officer is a notary publicpublic…, the certificate must be signed in the same manner as on file with the secretary of state” (MCA 1-5-609[1][b][v]).

3. Standards: “The official signature of a notary public must:
   “(a) be filed with the secretary of state on a form prescribed by the secretary of state;
   “(b) be reasonably similar to the official signature on file with the secretary of state;
   “(c) if executed on a tangible record, be in blue or black ink;
   “(d) if executed on an electronic record, be an electronic image of the official signature submitted to the secretary of state; and
   “(e) be affixed to all tangible and electronic records” (MCA 1-5-616[1]).

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1. Journal

   1. Notarial Acts: Required. “A notary public shall maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs” (MCA 1-5-618[2][a]).

   2. In-Person Electronic Notarial Acts: Required (MCA 1-5-618[2][a]).

   3. Remote Notarial Acts: Required (MCA 1-5-618[2][a]).

2. Recording of Remote Acts: Required.
   “All remote and remote online notarizations shall be recorded electronically” (ARM 44.15.108[3]).
   “(1)(a) If ]).
   “If a notarial act is performed using communication technology, the notarial officer shall make an audio-visual recording of the entire communication.
   “(b) Except as provided in subsection communication” (MCA 1-5-618(d)(ii), a notarial officer must keep sole possession of an audio-visual recording” (MCA 1-5-618[1][a]-[b]).

Journal Purpose

“A properly kept notary journal is the very best insurance that a notary can have. It provides prima facie evidence that the notarial information on a document is true and correct and that the signer had personally appeared to the notary and had been properly identified when the notarization took place” (NPH).

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“An entry in a journal must be made contemporaneously with performance of the notarial act” act….” (MCA 1-5-618[3]).

Inspection and Copies of Journal

1. 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]).

2. 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]).

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Security of Journal

1. 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]).

2. 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 of employment without the approval of the secretary of state” (MCA 1-5-618[5][b]).

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1. 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” (ACM ARM 44.15.110[1][a]).

2. 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 ARM 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).

3. 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]).

4. Notary’s Death or Incompetency of Notary: “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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1. 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]).

2. Notary Recitation: All recordings of remote and remote notarizations shall include a recitation by the Notary that includes the following (ARM 44.15.108[5]):

   1. Name of Notary: The recording must include the Notary’s name.

   2. Commission Expiration Date: The recording must include the Notary’s commission expiration date.

   3. 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.

   4. Date and Time: The recording must include the date and time the notarial act is being performed.

   5. 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.

   6. Type of Remote Act: The recording must include the type of notarial act that is being performed.

   7. Record Type or Title: The recording must include the type or title of record that is being notarized.

   8. Medium: The recording must include whether the notarial act is being performed on a tangible or electronic record.

   9. Identification of Remote Principal: The recording must include how the individual for whom the notarial act has been identified.

      1. 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]).

      2. 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.

      3. 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]).

   10. Competence or Capacity: If a record is being executed, The 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.

3. 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]).legal conflicts that prohibit the individual’s participation in a remote notarization” (ARM 44.15.108[6]).

Security of Recordings

“Except as provided in subsection MCA 1-5-618(d)(ii), a notarial officer must keep sole possession of an audiovisual recording” (MCA 1-5-618[1][b]). MCA 15-618(d)(ii) authorizes a current or former notarial officer to transmit the audiovisual recording to a repository approved by the secretary of state.”

Inspection and Copying of Recordings

“(c)(i) A notarial officer shall allow a person to inspect or obtain a copy of an audio-visual audiovisual recording if:
“(A) the requester specifies the month, year, type of record, and name of the principal for the notarial act, in a signed tangible or electronic request;
“(B) the notarial officer does not surrender possession or control of the original recording;
“(C) the requester is shown or given a copy of only the recording specified; and
“(D) the notarial officer is satisfied that the requester has reasonable purpose directly relating to the notarization.
“(ii) A recording may be examined and copied without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order, or surrendered at the direction of the secretary of state” (MCA 1-5-618[1][c]).

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“(d)(i) Except as provided in subsection [MCA 1-5-618] subsection (1)(d)(ii), a notarial officer shall retain an audio-visual audiovisual recording for 10 years from the date of the recording.
“(ii) A current or former notarial officer may transmit the audio-visual recording audiovisual recording to a repository approved by the secretary of state” (MCA 1-5-618[1][d]).

Disposition of Recordings

1. Revocation of Commission: Upon revocation of a notary public's commission, the notary shall transmit the …. audiovisual recordings to a repository approved by the secretary of state” (MCA 1-5-618[11]).

2. Death or Incompetency of Notary: 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 … audiovisual recordings shall transmit all … recordings to a repository approved by the secretary of state” (MCA 1-5-618[

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FEES FOR NOTARIAL ACTS

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1. Taking an acknowledgment: $10;

2. Witnessing a signature: $10;

3. Taking a verification on oath or affirmation: $10;

4. Certifying a transcript: $10

5. Certifying a copy: $10;

6. Performing a certification of fact: $10;

7. Performing another notarial act authorized by law: $10 (unless charging a fee for the act is expressly prohibited by that law).

Ancillary Fees

1. Electronic Notarization System or Communication Technology: “(a) Subject

   1. Authorization: “Subject to [MCA 1-5-626] subsections (2)(b) through (2)(d), a notary public may charge an additional fee, as provided by rule, to

   : (i)

   1. … perform a notarial act using an electronic notarization system or communication

   technology; or (ii) travel to perform a notarial act.
   “(b) notary public shall

   1. technology…” (MCA 1-5-626[2][a]).

   2. Requirements: A Notary who charges a fee for use of an electronic notarization system or communication technology must explain to the person requesting the notarial act that

   :
   “(i)

   1. the fee is in addition to

   a fee specified in subsection (1); and
   “(ii)

   1. the maximum fee allowed by law for the notarial act and the amount of the fee is

   an amount

   1. not determined by law.

   
   “(c)

   1. The person requesting the notarial act must agree in advance on the amount of the additional

   fee”

   1. fee (MCA 1-5-626[2][a]-[b]); see also ARM 44.15.109[b]).

2. Travel

   1. Authorization: “Subject to [MCA 1-5-626] subsections (2)(b) through (2)(d), a notary public may charge an additional fee, as provided by rule, to

   :
   

   1. …

   
   “(ii)

   1. travel to perform a notarial act” (MCA 1-5-626[2][a][ii]).

   2. Requirements: As with charging an ancillary fee to use an electronic notarization system or communication technology, a Notary who charges a fee for travel must explain to the person requesting the notarial act that the fee is in addition to the maximum fee allowed by law for the notarial act and the amount of the fee for travel is

   an amount

   1. not determined by law. The person requesting the notarial act must agree in advance on the amount of the additional fee

   2. Maximum Travel Fee: “A fee charged for travel must be equal to or less than the standard mileage rates allowed by the internal revenue service” (MCA 1-5-626[2][d]; see also ARM 44.15.109[1][a]).

3. Copy of Journal Entry or Audio-Visual Recording: “A notary public may also charge a fee to recover the actual cost of providing a copy of a journal entry or audio-visual recording of a notarial act performed using communication technology” (MCA 1-5-626[3]; see also ARM 44.15.109[1][c]).

List of Fees

“If a notary public charges fees … for performing notarial acts, the notary public shall display in English a list of the fees the notary public will charge” (MCA 1-5-626[4]).

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1. Address:

   Secretary of State
   Notary and Certification Services
   P.O. Box 202801
   1301 6th Avenue
   Helena, MT 59620-2801

2. Telephone: 1-406-444-1877

3. Procedure (website, “Apostilles and Authentications”)

   1. 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.

   2. Original Document: The original notarized document(s) must be submitted.

   3. Notarization: Documents must be properly notarized, or they will not be authenticated.

   4. Request Form: A completed “Apostille or Authentication Request” form (available on the website) must be submitted with the request.

   5. Return Delivery: A stamped self-addressed envelope must be included in all mailed requests.

   6. 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.

   7. 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[1]; website, “Certification Request Form”).

   8. Processing Time: Normal processing time is three to five days.

4. 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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