MT Notary key terms

An act that a notary public is authorized by Montana law to perform, such as taking an acknowledgment, administering an oath or affirmation, or certifying a copy of a record.

A person commissioned by the Montana Secretary of State to perform authorized notarial acts and to certify that those acts were performed properly.

The person whose signature is notarized or who appears before a notary public to have a notarial act performed for that person's benefit.

The official authority granted by the Secretary of State that allows a person to act as a notary public for a specified period.

The period set by statute during which a notary's commission remains valid; the notary must stop performing notarial acts when it expires.

The written form, fee, and supporting information a person submits to the Secretary of State to request a notary commission.

A bond required of a notary in an amount set by law, payable to the state, to compensate persons harmed by the notary's official misconduct.

The oath or affirmation a newly commissioned notary takes to faithfully perform the duties of the office before beginning to notarize.

The process by which a commissioned notary applies to continue serving for another term before the notary's current commission expires.

The statutory conditions a person must meet to be commissioned, such as age, residency or employment in the state, and a clear record.

The state official who receives applications, issues, renews, suspends, or revokes notary commissions and adopts rules for notaries.

A notarial act in which the principal declares to the notary, in person, that the principal signed a record voluntarily for the purposes stated in it.

A notarial act in which a person swears or affirms to the truthfulness of a statement in a record and the notary certifies the oath or affirmation was administered.

A solemn promise or declaration to tell the truth or perform a duty faithfully, made before a notary who is authorized to administer it.

A written statement of facts signed by a person who swears or affirms to its truth before a notary, who completes a jurat certificate.

The written statement, signed and sealed by a notary, that describes the act performed and identifies the notary, the principal, and the date.

The specific wording in a notarial certificate stating that the principal personally appeared and acknowledged signing the record voluntarily.

A person who personally observes a signature or event and, when required, signs a record to confirm what was seen.

The identification standard a notary must meet before notarizing, shown by personal knowledge or a valid identification credential.

Familiarity with a principal gained through ongoing interactions over time that gives the notary reasonable certainty about the person's identity.

A valid government-issued official document bearing a photograph and signature that a notary inspects to confirm a principal's identity before notarizing.

A chronological record in which a notary documents each notarial act, including the date, the parties, the type of act, and the identification used.

A notary's official stamp or embosser that identifies the notary and the state and is applied to notarial certificates to authenticate the notary's signature.

A notarial act in which the notary certifies that a copy of a tangible record is an accurate copy of the original.

Conduct that a notary may not engage in while holding a commission, such as notarizing one's own signature or giving legal advice.

A prohibited practice in which a notary performs a notarial act on a record in which the notary is a signer or has a direct interest.

Giving legal advice, drafting legal documents, or explaining legal effects for others when not licensed to practice law; notaries must avoid this.

A notary's violation of notary law or rules, including improper certificates, false journal entries, or failure to require personal appearance.

A penalty imposed by the Secretary of State for violations, ranging from a warning to suspension or revocation of the commission and a civil penalty.

The cancellation of a notary commission by the Secretary of State for serious or repeated violations, ending the person's authority to notarize.

A temporary withdrawal of a notary's commission for a set period, during which the person may not perform notarial acts.

Performing a notarial act on an electronic record using an electronic signature and electronic seal in compliance with state technology rules.

A notarial act performed when the principal is not physically present with the notary but communicates by real-time audio-video technology.

The audio-video or other electronic means that allows a notary and a remotely located principal to see, hear, and interact in real time.

A process using software to review a government-issued identification credential for authenticity and to confirm the identity information it contains.

A process that verifies a person's identity through knowledge-based questions, credential analysis, or other approved methods before a remote notarial act.

An electronic sound, symbol, or process attached to or logically associated with a record and executed with intent to sign it.

A record that is created, generated, sent, communicated, received, or stored by electronic means and can be read by a person or machine.

A record that is printed or written on paper or another physical medium and can be handled and inspected directly by the notary.