Montana - U.S. Notary Reference
Last Updated October 1. 2025
QUICK FACTS
Notary Jurisdiction
Statewide (MCA 1-5-604[1][a] and 1-5-605[4]).
Bordering States: “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).
Notary Term Length
Four years (MCA 1-5-619[5]).
Notary Bond
$25,000 (MCA 1-5-619[4][d]).
Notary Seal
Required (MCA 1-5-609[1][b][vii).
Notary Journal
Required (MCA 1-5-618[2][a]).
ADMINISTRATION AND RULES
Commissioning Official
The Montana Secretary of State appoints and commissions the state’s Notaries (MCA 1-5-619[3]), regulating their activities (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
(1301 E. 6th Avenue)
Helena, MT 59601Phone: 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.
COMMISSION AND APPOINTMENT
Notary Commission Process
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]).
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: “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]).
Online Search
Information on a Montana Notary may be found by searching the Secretary of State’s database of Notaries Public on the Secretary’s website (website, “Find a Notary”).
Jurisdiction
Statewide: “A notarial act may be performed in this state by … a notary public of this state” (MCA 1-5-604[1][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[1]).
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).
Term Length
“The secretary of state shall issue a commission for a 4-year term as a notary public to an applicant for a new or a renewed commission who has complied with this section” (MCA 1-5-619[5]).
Bond
Notaries must “obtain an assurance in the form of a surety bond or its functional equivalent in the amount of $25,000. The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the secretary of state. The surety or issuing entity is liable under the assurance if a notary public violates a law with respect to notaries public in this state. The surety or issuing entity shall give 30 days’ notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state not later than 30 days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state” (MCA 1-5-619[4][d]).
“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
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.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]).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]).
NOTARIAL ACTS
Authorized Acts
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 … 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” (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]).
Acknowledgment 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).
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]).
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).
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 1-5-603[2]).
Oath/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).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]).
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.
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, 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 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]).
Life Certifications
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 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).
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
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[12][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]).
“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 … 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).
Refusal of Services
Specific Grounds
Competence: “A notarial officer shall refuse to perform a notarial act if the notarial officer is not satisfied that … the individual executing the record is competent or has the capacity to execute the 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).
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[9]).
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]).