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Montana Laws on Notaries Public

1-5-602. Definitions. As used in this part, the following definitions apply:
(1) “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.
(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) “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.
(4) “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.
(5) “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, certifying or attesting a transcript of an affidavit or deposition, and noting a protest of a negotiable instrument.
(6) “Notarial officer” means a notary public or other individual authorized to perform notarial acts.
(7) “Notary public” means an individual commissioned to perform a notarial act by the secretary of state.
(8) “Official stamp” means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.
(9) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(11) “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.
(12) “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
(13) “Stamping device” means:
(a) a physical device capable of affixing to or embossing on a tangible record an official stamp; or
(b) an electronic device or process capable of attaching to or logically associating an official stamp with an electronic record. The notarial official stamp, whether applied to the record physically or electronically, is considered to be a seal for the purposes of admitting a document in court.
(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(15) “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.

 

1-5-603. Requirements for certain notarial acts — personal appearance — identification methods. (1) 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 and that the signature on the record is the signature of the individual.
(2) A notarial officer who takes a verification on oath or affirmation of a statement shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
(3) 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.
(4) 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 record or the item.
(5) 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).
(6) A notarial officer who administers an oath in conjunction with taking a deposition and certifies or attests to the transcript of the deposition shall certify to the matters set forth by this part, other laws, or the court of jurisdiction.
(7) (a) 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 real-time, two-way video and audio communication technology as authorized in 1-5-615 and 1-5-628.
(b) Except as provided in subsection (7)(c), subsection (7)(a) modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq.
(c) Subsection (7)(a) does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
(8) 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.
(9) 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:
(a) by means of:
(i) a passport, driver’s license, or government-issued nondriver identification card, 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
(ii) another form of government identification issued to an individual, which:
(A) may be current or expired, and if expired may not be expired for more than 3 years before the performance of the notarial act;
(B) must contain the signature or a photograph of the individual; and
(C) must be satisfactory to the notarial officer; or
(b) by verification on oath or affirmation of a credible witness personally appearing 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 card, which is current or expired, and if expired may not be expired for more than 3 years before the performance of the notarial act.
(10) 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.

 

1-5-619. Notary public qualifications — commission — renewals. (1) An applicant for a commission as a notary public must:
(a) be at least 18 years old;
(b) be a citizen or permanent legal resident of the United States;
(c) be a resident of or have a place of employment or practice in this state;
(d) be able to read and write English; and
(e) be eligible to receive a commission as provided in subsection (2).
(2) To be eligible for a commission, an applicant shall pass an examination as provided in 1-5-620 and may not have been disqualified as provided in 1-5-621.
(3) An individual qualified under subsections (1) and (2) may apply to the secretary of state for a commission as a notary public.
(4) An applicant for a commission, including an applicant to renew an existing commission, shall:
(a) complete an application and provide information required by rule by the secretary of state;
(b) pay a filing fee set by rule;
(c) execute an oath of office and comply with requirements adopted by rule by the secretary of state;
(d) obtain an assurance in the form of a surety bond or its functional equivalent in the amount of $10,000. 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.
(e) submit the application, bond, and nonrefundable filing fee to the secretary of state within 30 days before or after the effective date of the surety bond or the expiration of the previous commission.
(5) 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.
(6) An individual may not have more than one Montana notary public commission in effect at the same time.

 

1-5-620. Examination of notary public. (1) An applicant for a commission as a notary public who does not hold a commission in this state shall pass an examination administered by the secretary of state or by an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (2).
(2) The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures, and ethics relevant to notarial acts.

 

1-5-621. Grounds to deny — terms for refusing to renew, revoking, suspending, or conditioning notary public commissions. (1) The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as a notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:
(a) failure to comply with the provisions of this part;
(b) a fraudulent, dishonest, or deceitful misstatement or omission in the application submitted to the secretary of state for a commission as a notary public;
(c) pending release from supervision, a conviction of the applicant or notary public of any felony or crime involving fraud, dishonesty, or deceit, although conviction of a criminal offense is not a complete bar to receiving a commission if the individual’s full rights have been restored;
(d) admission by the applicant or notary public or a finding in any legal proceeding or disciplinary action of the applicant’s or notary public’s fraud, dishonesty, or deceit;
(e) failure by the notary public to discharge any duty required of a notary public, whether the provisions of this part, rules of the secretary of state, or any state or federal law;
(f) use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary does not have;
(g) violation by the notary public of a rule of the secretary of state regarding a notary public;
(h) denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; and
(i) failure of the notary public to maintain an assurance, as provided in 1-5-619.
(2) If the secretary of state denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with the Montana Administrative Procedure Act.
(3) The authority of the secretary of state to deny, refuse to renew, revoke, suspend, or impose conditions on a commission as a notary public does not prevent an individual from seeking and obtaining other criminal or civil remedies provided by law.

 

1-5-616. Official stamp. The official stamp of a notary public must:
(1) include the notary public’s name, title, city of residence, commission expiration date, or other information required by the secretary of state;
(2) if a physical image, be in blue or black ink in a format prescribed by the secretary of state; or
(3) 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.

 

1-5-617. Stamping device. (1) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the stamping device to perform a notarial act.
(2) (a) On resignation from or the revocation or expiration of the notary public’s commission or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing the stamping device against use in a manner that renders the stamping device unusable.
(b) On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render the stamping device unusable by destroying, defacing, damaging, erasing, or securing the stamping device against use in a manner that renders the stamping device unusable.
(3) The notary public or the notary public’s personal representative or guardian shall promptly notify the secretary of state’s office on discovering that the stamping device is lost or stolen.

 

1-5-626. Fees for notarial acts — collection of fees. (1) A notary public may charge a fee not to exceed $10 for each notarial act:
(a) performing an acknowledgment;
(b) witnessing a signature;
(c) verifying on oath or affirmation;
(d) certifying a transcript; or
(e) certifying a copy.
(2) A notary public may charge an additional fee, as provided by rule, to travel to perform a notarial act if:
(a) the notary public explains to the person requesting the notarial act that:
(i) the fee is in addition to a fee specified in subsection (1);
(ii) the fee is an amount not determined by law; and
(iii) the person requesting the notarial act agrees in advance on the amount of the additional fee; or
(b) the fee charged is equal to or less than the standard mileage rates allowed by the internal revenue service.
(3) If a notary public charges fees under this section for performing notarial acts, the notary public shall display in English a list of the fees the notary public will charge.
(4) A notary public who is employed by a private entity may enter into an agreement with the entity under which fees collected by the notary public under this section are collected by and accrue to the entity.
(5) A public official may collect the fees described in this section for notarial acts performed in the course of employment by notaries public who are employed by the public body.

 

 


Inside Montana Laws on Notaries Public