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 […]
1-6-101. Officers who may administer oaths
1-6-101. Officers who may administer oaths. Every court, judge, clerk of any court, justice, notary public, and officer or person authorized to take testimony in any action or proceeding or to decide upon evidence has power to administer oaths or affirmations. History: En. Sec. 360, p. 118, Bannack Stat.; re-en. Sec. 418, p. 219, L. 1867; re-en. […]
1-6-102. Form of ordinary oath
1-6-102. Form of ordinary 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 …. […]
1-6-103. Variation of oath to suit witness’s belief
1-6-103. Variation of oath to suit witness’s belief. The court shall vary the mode of swearing or affirming to accord with the witness’s beliefs whenever it is satisfied that the witness has a distinct mode of swearing or affirming. History: En. Sec. 3432, C. Civ. Proc. 1895; re-en. Sec. 8051, Rev. C. 1907; re-en. Sec. 10695, R.C.M. […]
1-5-625. Prohibited acts — advertising requirements
1-5-625. Prohibited acts — advertising requirements. (1) 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, including as provided in subsection (2); (c) certify a copy of an official record issued by […]
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 […]
1-5-619. Notary public qualifications — commission — renewals
1-5-619. Notary public qualifications — commission — renewals. (1) To hold a commission as a notary public, an individual must: (a) be at least 18 years old; (b) be a citizen or permanent legal resident of the United States; (c) (i) be a resident of Montana; (ii) be the spouse or legal dependent of military personnel assigned to active duty in […]
1-5-620. Examination and education of notary public — fee
1-5-620. Examination and education of notary public — fee. (1) An applicant for a new or renewed commission as a notary public 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 […]