1-5-632. Unlawful acts — penalties
1-5-632. Unlawful acts — penalties. (1) It is unlawful to: (a) intentionally withhold from a notary public the notary public’s official stamp, journal, or certificate of commission of a notary public; (b) attach, photocopy, alter, or otherwise reproduce a notary public’s signature, stamp, or completed notarial certificate for use on a record other than the original record for […]
1-5-626. Fees for notarial acts — collection of fees
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) executing a verification on oath or affirmation (jurat); (d) certifying a transcript; (e) certifying a copy; (f) performing a certification of fact; or (g) performing another notarial act authorized […]
1-5-627. Database of notaries public
1-5-627. Database of notaries public. The secretary of state shall maintain an electronic database of notaries public: (1) through which a person may verify the authority of a notary public to perform notarial acts; (2) that indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic […]
1-5-628. Rulemaking
1-5-628. Rulemaking. (1) The secretary of state may adopt rules to implement this part. (2) Rules adopted regarding the performance of notarial acts with respect to electronic records, electronic notarization systems, or communication technology may not require or accord legal status or effect to the implementation or application of a specific system, technology, or technical specification. (3) The […]
1-5-629. Authority and venue for notarial acts
1-5-629. Authority and venue for notarial acts. (1) A notary public may perform a notarial act within the jurisdiction authorized in the notary’s commission from the secretary of state. (2) The venue for a notarial act is the state and the county where the notarial officer is physically located at the time the notarial act is performed. […]
1-5-630. Solemnization of marriage authorized
1-5-630. Solemnization of marriage authorized. As provided in 40-1-301 and subject to rules adopted by the secretary of state, a notary public may solemnize a marriage. History: En. Sec. 20, Ch. 123, L. 2019.
1-5-631. Evidence of authenticity of notarial act for record sent to foreign country
1-5-631. Evidence of authenticity of notarial act for record sent to foreign country. (1) The authenticity of the official seal and signature of a Montana notarial officer may be evidenced by a certificate of authority from the secretary of state confirming the authority of a Montana notarial officer to perform a notarial act on a record […]
1-5-616. Official signature and stamp
1-5-616. Official signature and stamp. (1) 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; […]
1-5-617. Stamping device
1-5-617. Stamping device. (1) A notary public is the sole owner of the notary public’s stamping device and 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 or for any other reason. (2) (a) On resignation from or the revocation […]
1-5-618. Audiovisual recordings — notary public journal — security and retention
1-5-618. Audiovisual recordings — notary public journal — security and retention. (1) (a) If a notarial act is performed using communication technology, the notarial officer shall make an audiovisual recording of the entire communication. (b) Except as provided in subsection (1)(d)(ii), a notarial officer must keep sole possession of an audiovisual recording. (c) (i) A notarial officer shall allow a […]