Electronic, Remote, and Technology-Based Notarization
Electronic versus remote
Montana’s RULONA-based law permits electronic notarial acts, but electronic notarization is not the same as remote online notarization. In an electronic act, the notary applies an electronic signature and electronic official stamp to an electronic record. Remote online notarization (RON) adds a communication-technology step: the signer appears by two-way audio-video, identity is verified by approved methods, and the session is recorded or journaled as required.
RON safeguards
A remote notary must be commissioned in Montana and physically located in Montana during the act; the signer’s location should be recorded. The notary must use technology registered or approved under Secretary of State rules, verify identity through credential analysis and identity proofing (or another permitted method), and keep the required journal and recording for the statutory retention period. The certificate should identify that the act was performed remotely if the form requires it.
Traps
Examiners mix up scanning a paper document, applying an electronic stamp, and conducting a true RON session. A selfie or a recorded video alone is not credential analysis. Do not assume any video app qualifies; the platform and identity methods must meet state requirements. Another trap is forgetting that the electronic seal must contain the same commission information as a physical stamp.
Rule of thumb
Use a three-part check for RON: (1) authorized technology and registration, (2) verified identity plus live audio-video appearance, and (3) a compliant electronic certificate, stamp, and journal or recording. If any part is missing, do not perform the act.