MT Notary cheat sheet

A notarial act is an official act by a notarial officer involving a record, including acknowledgments, jurats, verifications on oath or affirmation, signature witnessing, and copy certifications.

A record is information inscribed on a tangible medium or stored in an electronic or other medium and retrievable in perceivable form.

Personal knowledge means familiarity with an individual gained through interactions sufficient to ensure identity, not merely knowing the individual's name.

Satisfactory evidence of identity includes personal knowledge or a credible identification document containing a photograph, signature, and physical description.

A notarial officer includes a notary public and any other officer authorized by Montana law to perform notarial acts.

To sign means to execute or adopt a tangible symbol, or attach an electronic symbol or process, to a record with present intent to authenticate it.

Verification on oath or affirmation is a notarial act in which a person states that a record is true and the officer administers an oath or affirmation.

The term state includes a state of the United States, the District of Columbia, Puerto Rico, and U.S. territories and possessions.

The Montana Secretary of State commissions notaries public, issues commissions, and administers the state notary program.

A Montana notary commission lasts four years and expires on the expiration date stated on the commission.

An applicant must be at least 18 years old and submit the application required by the Secretary of State.

The applicant affirms support for the constitutions and faithful performance of notarial duties as part of the commissioning process.

A notary renews by submitting a new application to the Secretary of State before or after expiration, but an expired notary lacks authority until recommissioned.

The notary's official name and commission expiration date must match the records maintained by the Secretary of State.

A person whose commission has expired, been suspended, or been revoked may not perform notarial acts until authority is restored.

A notarial certificate must be attached to or logically associated with the record, signed and dated by the notarial officer, and state the officer's name and title.

An acknowledgment certificate states that the signer personally appeared, was identified, and acknowledged executing the record before the officer on a stated date.

A jurat certificate states that the signer subscribed and swore or affirmed to the truth of the record before the officer on a stated date.

A signature-witnessing certificate states that the signer signed the record in the notarial officer's presence on a stated date.

A copy-certification certificate states that the copy is a true and correct copy of a record in the notarial officer's custody.

If the signer acts as an agent, officer, partner, attorney in fact, or other representative, the certificate should state the representative capacity.

Montana notaries use an official seal or stamp containing the notary's name, the words Notary Public, State of Montana, and the commission expiration date.

The certificate date is the date the notarial act is performed and should match the date the officer signs the certificate.

A notary may not perform a notarial act on the notary's own signature or on a record to which the notary is a party.

A notary may not notarize a record in which the notary has a direct beneficial interest.

A notary may not perform a notarial act with intent to deceive or defraud.

A notary may not use a false or misleading title, seal, or identification as a notary.

A notary may not perform notarial acts after the commission expires or while the commission is suspended or revoked.

A notary may not certify a copy of a public record or a record not in the notary's custody.

The Secretary of State may deny, revoke, suspend, censure, or impose a civil penalty for violations of Montana notary law.

Performing a notarial act without authority may result in criminal penalties under Montana law.

Electronic notarization uses an electronic signature and electronic seal on an electronic record.

Remote notarization requires real-time audio-video communication between the notary and the signer.

A remote notary must use identity-proofing methods approved by the Secretary of State to verify the signer's identity.

An electronic notarial certificate must be linked to the electronic signature and seal and must be tamper-evident.

A notary performing remote notarization must maintain a journal of each remote act as required by Secretary of State rule.

The notary's physical location at the time of the remote act determines whether Montana law authorizes the notarial act.

An electronic signature must be attributable to the signer and the notary and must be used with intent to sign the record.