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MT Notary: General Provisions and Definitions

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General Provisions and Definitions

Authority and vocabulary

Montana notary law is built on the Revised Uniform Law on Notarial Acts, codified in MCA Title 1, Chapter 5, Part 6. The notary is an impartial, commissioned witness whose authority is statewide, not county-limited. Learn the statutory vocabulary: “notarial act” includes acknowledgments, verifications on oath or affirmation (jurats), witness or attestation acts, and copy certification; “record” includes paper and electronic records; “signature” includes electronic signatures; and the “official stamp” is the notary’s seal device.

The core distinction

The most tested definition is acknowledgment versus jurat. An acknowledgment is the signer’s statement that they signed voluntarily for the stated purpose; the notary certifies identity and appearance, not truthfulness. A jurat is a verification on oath or affirmation: the signer swears the contents are true, and the notary administers the oath. A witness or attestation certificate certifies only that the signer appeared and signed.

Traps

Questions often treat “notarize” as if it validates the document’s truth. It does not. Another trap: a person who signs as a witness is not thereby acting as a notary; a notarial act requires a certificate and stamp. “Personal knowledge” and “credible witness” are identity tools, not substitutes for the signer’s appearance. Do not confuse a notary’s commission with a license to give legal advice.

Rule of thumb

Ask: did the signer swear or affirm? If yes, use a jurat; if the signer only acknowledged a voluntary signature, use an acknowledgment.