Montana notaries need not re-enter the identifying information that is contained in the seal/stamp. I hereby certify and state the following: (6) For certifying a transcript or a deposition or affidavit: Many times notaries are presented with documents that either do not have a notarial certificate, or the pre-printed notarial certificate was completed for another signer. If the notarial certificate states that the document was "signed before" the notary, that's exactly what the notary's official testimony is claiming: The document was signed in the notary's presence. (3) The authority of the secretary of state to deny, refuse to renew, revoke, suspend, or impose conditions on a commission as a notary public does not prevent an individual from seeking and obtaining other criminal or civil remedies provided by law. Performing a jurat requires a notary to do two things: (1) Witness the person signing the document – just like the signature witnessing above, and (2) Administer an oath, placing the person under penalty of perjury if the statements made in the document are proven false. Although notaries are fully authorized to administer oaths as a separate notarial act, most of the time they are done in conjunction with a signature – a jurat. Simply affixing your seal and signing your name does not constitute a proper notarization in the state of Montana – EVER!!! Montana law defines certain "Notarial Powers" that a notary may perform. If there are two or more owners listed on a title, they do not have to have their signatures notarized at the same time or by the same notary, but all sellers' signatures must be notarized. As used in this part, the following definitions apply: (f) establish the process for approving and accepting surety bonds and other forms of assurance under 1-5-619; and Remember, however, that the notary must be careful to correctly identify the venue (the state and county where the notarization was performed) on the document. (b) pay a filing fee set by rule; After submitting the required documents to the Secretary of State's office, you will be notified by email when the Secretary of State has issued your Certificate of Commission. (d) contain the title of the office of the notarial officer; and You are responsible for ensuring the notarial certificate is complete. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts. Information about how to perform each of seven notarial acts is provided below with examples of corresponding certificates, showing how they should be completed. 1-5-620. Montana law does not require thumbprints, but there is no prohibition against notaries including a finger or thumbprint as further proof of the signer's presence and identity. When called upon to perform a jurat notarization, the notary will do the following: Examples of typical notary certificates for JURATS. The pages face each other and the information is written across the gutter. (8) A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. There are two ways to fulfill a request for a certified copy of a document: CERTIFICATION OF COPY - When asked to certify a copy, the notary should: Examine the document to determine that it is an unaltered original. If a pre-printed certificate requests information that is contained in the stamp or that is not required by Montana law, such as a commission number, a simple line through that part of the form will indicate that the information has not been forgotten or ignored. Also known as an oath. (b) the fee charged is equal to or less than the standard mileage rates allowed by the internal revenue service. Notably, the law allows notaries to refuse to perform any notarization unless there is another law specifically prohibiting the notary from refusing. Notification regarding performance of notarial act on electronic record -- selection of technology. (4) If in performing the notarial act the notary public uses audio-video communication technology, as provided in 1-5-615 and by rule, the notary public shall keep a copy of the recording of the entire communication and a notation of the identification used for a period of 10 years from the date of the notarization. (b) an individual in the military service of the United States or performing duties under the authority of the military service if authorized to perform notarial acts under federal law; (1)(b) through (1)(d), the notarial officer may affix to or emboss an official stamp on the certificate. Obviously, both the signer and the person whom he/she directs to sign their name must be physically present during the notarization. (a) by means of: It is a good habit to enter the word "only" in parentheses after entering the name(s) of the signer(s), so that additional names cannot be entered later in an attempt to indicate that other signatures were notarized. The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. (b) Except as provided in subsection (7)(c), subsection (7)(a) modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. EVERYTIME. The notary is solely responsible for submitting the required documents for requesting a commission or for updating contact information during the term of office. On the following pages, we will explain the particulars of each act and provide you with illustrations of some types of notarial certificates that you will likely encounter. (a) be at least 18 years old; It is the notary's personal responsibility to maintain possession of all journals created during the entire time the notary holds an active commission. "Signature" is defined in Montana law as "a tangible symbol or an electronic signature that evidences the signing of a record." If you are unable to determine the type of notarial act or if you do not understand what information is to be entered in a particular space, then you should request assistance before attempting to complete the notarization. (a) complete an application and provide information required by rule by the secretary of state; Notaries may notarize "open titles," per the message below. We recommend that you use the name that you ordinarily use in the course of your normal course of business. (b) A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. (b) a judge, clerk, or deputy clerk of a court of that state; or The teacher should understand that children’s behaviour is not automatic. Electronic journals must be commercially produced and create chronological, sequential, and non-modifiable records that can be accessed upon demand and turned over in digital format to the Secretary of State's office in accordance with §1-5-615, MCA. 1-5-609. As mentioned above there are occasions when the person who requests a notarization will be signing the document on behalf of another person or another entity. You will need to print out your Certificate as proof that your commission has been issued, so that you may purchase your official notary stamp and journal and be ready to assume your notarial duties. (12) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record. As a public official, a notary is not acting on behalf of him/herself or his/her employer when performing a notarial act, but rather, on behalf of the state of Montana. Authority to refuse to perform notarial act. (10) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. The appropriate certificate may then be filled-in with the correct information, then signed and stamped by the notary. (1) A notary public shall maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs. So if a person has a document that was created in Florida, but is currently in Montana and requests that his signature be notarized, a Montana notary may provide the service (as long as all other conditions are met, of course). Sample wording for school official certifying a copy of a school document: On ___(date)__, I the undersigned, do hereby certify that this is a true and unaltered copy of the original _(specify the type of document)__ issued by __(name of school)___. Fees charged by notaries who work in the private sector may be collected by the notary's employer if the notary agrees to that. Before investing in a particular product, it is the notary's responsibility to determine that the electronic journal meets the minimum criteria established. "Notarizing" without the personal appearance of the signer at the time of the notarial act is de facto negligence and can be just cause for revocation of your notarial commission. DO make sure you understand what notarial act is required before notarizing a document. (c) execute an oath of office and comply with requirements adopted by rule by the secretary of state; Create journal record for the oath of the credible witness and have him/her sign the journal. If an error is made while completing the notarial certificate, any incorrect or omitted information may subsequently be corrected by the notary. Acceptable forms of identification include a passport, driver's license or state ID that is current or expired less than three years, a military or student ID, or other government issued ID. ____________________________ Montana notaries have jurisdiction to perform their official duties in every county in Montana, not just the county in which they live or work. See the list of Recommended Vendors for contact information about stamp suppliers who have agreed to produce only compliant stamps for Montana notaries at: http://sos.mt.gov/Notary/Seals. The notary does not have to actually see the person sign the document, but does have to actually witness the person acknowledge the signature. Surety Bond. This record was acknowledged before me on (date) by (name(s) of individual(s)) as (type of authority) of or for (c) certify a copy of a record issued by a public entity, such as a birth, death, or marriage certificate, a court record, or a school transcript unless the notary is employed by the entity issuing or holding the original version of the record; See this section for more information. Forgery. If the notary's primary function is to be a witness to the identity, the comprehension, and the intent of a person who is signing a document, taking an oath, or acknowledging a signature, it automatically follows that one of the notary's greatest responsibilities is to be able to truthfully testify that the notary did in fact witness the act he or she claimed to have notarized. Negligence. Electronic Signature. If no date appears on the document, you may consider the date of notarization as the date of the document. Understand that you will most likely see variations in the pre-printed notarial certificates, but you should be able to figure out what type of notarial act is being anticipated and how to fill in any blanks. Because the combination seal/stamp includes the necessary information you do not have to enter the information below your signature. (i) failure of the notary public to maintain an assurance, as provided in 1-5-619. 1-5-622. (2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than as provided in this part. Apostille. The statutes covering notaries public may be found in Montana Code Annotated, Title 1, Chapter 5, Part 6. (1) A notarial act must be evidenced by a certificate signed and dated by a notarial officer. (b) the individual executing the record is [not] signing knowingly or voluntarily. When witnessing a signature, the notary will do the following: Determine that the signer is signing the document competently and voluntarily, Have the signer sign the document as you watch, Examples of typical notary certificates for WITNESSING SIGNATURES. The Version table provides details related to the release that this issue/RFE will be addressed. This is not a comprehensive list, but includes most of the frequently requested documents. It is not acceptable to "fill in" the year. Making a false statement under oath; generally punishable by fine and/or imprisonment. (3) An individual qualified under subsections (1) and (2) may apply to the secretary of state for a commission as a notary public. In the state of Montana there are only two ways that you may identify a person who requests a notarization: Personal Knowledge – A person whom you have known for a considerable period of time and would recognize anywhere, anytime can be identified on the basis of "personal knowledge." Some documents will contain a warning that they are not to be copied. You may view the Secretary of State’s Proposed Rules here. Statement of Particulars. The certificate must be part of or securely affixed to the record. The Secretary of State's Office is frequently asked if Montana notaries may notarize a document that is written in a foreign language. The notarial requirement that the person who signs a record must be in the notary's physical presence or appear by live two-way audio/visual communication at the time of the notarization. The notary is not required to interpret and/or enforce Montana title laws when acknowledging signatures on a Montana title document. There may be a circumstance when a person is physically unable to sign his or her name on a document but needs a notarization. It is becoming so occupied with Him that the values of the world have little attraction. (Signature of notarial officer) An authorized school official (Principal, Registrar, etc.) (5) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the notarial officer to perform the notarial act. If you are asked to notarize something that will be submitted for either type of certification, there is nothing special that you are being asked to do – except do the notarial certificate 100% correctly! Signature by Mark, Stamp, or Device. See "Jurisdiction". The capacity in which they are signing. (2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title. In some cases, a Montana notary public may perform a notarial act in either of two adjoining states – North Dakota and Wyoming. An exact, complete and unaltered copy of a document attested as a true copy of the original. 1-5-628. The person whose signature, oath, or acknowledgment is being notarized MUST personally appear to the notary at the time the notarial act takes place. The surety or issuing entity is liable under the assurance if a notary public violates a law with respect to notaries public in this state. Some may be very short and concise, like the example above, and some may be long, wordy, and almost incomprehensible. (a) the notary public explains to the person requesting the notarial act that: Title of officer (if not shown in stamp), (4) For witnessing or attesting a signature: Even if your employer pays for your bond, stamp, and journal, the commission is issued to the notary personally, and the employer has no rights to cancel the bond or unilaterally terminate the commission. We can only provide certifications of Montana notaries public or Montana notarial officers as listed above. This is called an acknowledgment in a representative capacity and the person who is appearing before the notary will be signing on behalf of a business or corporation, a trust, with a Power of Attorney or with some other authorization that allows them to sign for another person or legal entity. A notary public or other individual, such as a judge, clerk of court, or active duty military officer, authorized to perform notarial acts. One example is a form calling for the notary to certify that the signer is alive. Notaries are cautioned that some forms of ID, such as bank cards, credit cards, and non-pictured government-issued cards (social security or Medicare cards) are not acceptable as primary identifiers, although they may in certain circumstances be used in conjunction with another ID to establish a person's identity. If the signer appears to be lucid and understand what is happening while the notarization is being performed, the standard of reasonable care for competency has likely been met. If there is any doubt as to the person's identity, the only safe practice is to refuse to take an acknowledgement, witness a signature, or perform a jurat. The standard that a notary is held to for these determinations is one of "reasonable care." Many non-citizens will have a "green card", which is certainly an acceptable ID. The maximum fee allowed for taking acknowledgements, witnessing signatures, performing jurats, certifying copies of documents or certifying a transcript is $10. You should line through the spaces as shown. An acknowledgment can also be made by an individual acting (signing) on behalf of another person or entity. A Montana Notary Public may be asked to certify or attest that a copy of a document or other record is a full, true, and accurate transcription or reproduction of that which was copied. Once notarized, the title becomes a "negotiable instrument" and ownership is readily transferred to the person holding the title. A person called upon to observe an event, a transaction, signing, etc., in order to testify concerning it if it is later held in question or challenged. There are, and will likely continue to be, many "apps" that claim to be electronic journals but do not offer the security and tamper-evident qualities that are mandated. These resources are designed to help you – take advantage of them! Certificate of Commission. There is no standardized language mandated for various situations requiring an oath. A notary is not responsible for the truthfulness or accuracy of the document, and the person who takes the oath may, in fact, not be telling the truth. (1) through which a person may verify the authority of a notary public to perform notarial acts; and (a) prescribe the manner of performing notarial acts regarding tangible and electronic records; Be sure you are authorized to certify the document and then be sure to do so properly. For More Information, visit our website at www.sos.mt.gov/Notary, Determine the Signer's Competency and Willingness, Verification upon Oath or Affirmation/Signed and Sworn ("Jurat"), Notarizing Documents Written in a Foreign Language, Notarizing/Certifying Records to be Sent to a Foreign Country (Appostilles and Authentications), Notarizing for Signers with Disabilities or Special Signatures, http://sos.mt.gov/Portals/142/Notary/pdfs/Jurat.pdf, Secretary of State’s Proposed Rules here. Credible Witness. Whether it's role play, dirty talk, words of affirmation, checking in that both parties are comfortable, or even just participating in chit chat, communication will be key. Notaries will have to purchase a new stamp for each term of office. The notary then has to modify the notarial certificate to include the phrase, "Signature affixed by (name of other individual) at the direction of (name of individual named in the document)" or words to that effect. (7) "Notary public" means an individual commissioned to perform a notarial act by the secretary of state. The original statement of the golden rule, in the Hebrew Torah, shows a rule, not an ethical principle, much less the sort of universal principle philosophers make of it. 1-5-623. (2) Rules adopted regarding the performance of notarial acts with respect to electronic records or two-way audiovideo communications may not require or accord legal status or effect to the implementation or application of a specific technology or technical specification. (15) "Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. (g) provide for the administration of the examination under 1-5-620(1) and the course of study under 1-5-620(2). (Official stamp) The official actions of a notarial officer: To take acknowledgements; to administer oaths; to witness or attest signatures; to perform jurats; to certify or attest copies; to transcribe and certify depositions; and to note a protest of a negotiable instrument. The process by which a digital document is notarized using electronic signatures of both the signer and the notary public and includes the attachment of an electronic notarial seal. A written statement in which the person attests under penalty of perjury that a statement is true. (c) the full name and address of each individual for whom the notarial act is performed; This form is to be filled out completely and attached to the title if needed. You are also welcome to contact the staff of the Notary and Certifications Division by phone at (406) 444-5379 or. The name of the person or entity shown on the title; 2. Here is an example of how to complete such a notarial certificate. Each journal entry must include the date and time of the notarization; the type of notarial act, a description of the document (usually the document date and type); the type of identification used; the signature, printed name, and address of the person for whom the notarial act was performed (except for certified deposition transcripts or certified copies); and the fee (if any) charged for the notarization. Upon termination or resignation of the notary's commission, the notary may choose to keep the journals or send them to the Secretary of State's office. Montana does not require notaries to obtain liability insurance; however, it is wise to discuss the need for such coverage with an insurance professional. County of_____________ Be aware of the following: If you are asked to certify a copy of a document, refer to the information on this section of this handbook before complying with the request. (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); A notary may be appointed or reappointed by submitting the required documentation to the Secretary of State's office as required by law. Type of Notarization: There are seven types of notarial acts: an ACKNOWLEDGMENT, a SIGNATURE, a JURAT, an OATH, a CERTIFIED COPY, a CERIFIED TRANSCRIPT, and a PROTEST OF INSTRUMENT. A verification/guarantee of signatures on stocks and bond transactions that can only be done by a security broker or dealer participating in a medallion program. Electronic Seal/Stamp. (7) (a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear physically before the notarial officer or by real-time, two-way video and audio communication technology as authorized in 1-5-615 and 1-5-628. Many times this information will be entered on the pre-printed certificate (i.e., "State of Florida, County of Broward") and the Montana notary will have to cross out the incorrect venue and enter the correct information (i.e., "State of Montana, County of _________"). An oral promise on one's personal honor that the information given is true and accurate to the best of the signer's knowledge. The Title and Registration Bureau of the Motor Vehicle Division has determined that titles which require a separate notarial certificate for a subsequent signer may be handled in one of two ways: The notary may handwrite a complete notarial certificate on the face of the title (usually in the lienholder section) if room is available. Here is an illustration of how a typical school transcript should be notarized for an exchange student: The same format should be used for report cards. See this section for more information. The journals may be either a permanent, bound paper journal designed to deter fraud or a permanent, tamper-evident electronic journal. Because loose certificates are just stapled to the document, they can easily be detached, lost, or deliberately removed, and should not be used unless a certificate cannot be permanently affixed on the document. You are required to apply the same criteria for determining identity for foreign language documents as for any other – personal knowledge or satisfactory evidence (documentary proof or credible witness). (iii) the person requesting the notarial act agrees in advance on the amount of the additional fee; or Fixed: Release in which this issue/RFE has been fixed.The release containing this fix may be available for download as an Early Access Release or a General Availability … The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees. County of________________ Send the application, the original bond, the exam certificate (if applicable) and the filing fee to the Secretary of State's office. (4) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established. Official stamp. Signature. (b) be signed and dated by the notarial officer. (2) An "apostille" in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state that is a party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office. ___________________________ What this means to a notary is that a person who uses a mark, stamp, or an electronic signing device to sign a document can have that signature notarized just as if it was signed with pen and ink. __________________________ Except as otherwise provided in 1-5-604(4), the failure of a notarial officer to perform a duty or meet a requirement specified in this part does not invalidate a notarial act performed by the notarial officer. Next is an example of a "Block-style" journal entry. (d) engage in false or deceptive advertising; DO make sure the person whose signature, acknowledgment, or oath is being notarized personally appears to you when the notarization takes place. (3) be capable of being copied together with the record to which the official stamp is affixed or attached or with which the official stamp is logically associated. (5) A public official may collect the fees described in this section for notarial acts performed in the course of employment by notaries public who are employed by the public body. The words contained in the notarial certificate are not mere formalities; they are the notary's "witness statement" telling what happened, where it happened, when it happened, and who was involved. A notary may be held personally responsible for improper, negligent, or fraudulent actions. Others may want to use both an electronic and a paper journal. Uniformity of application and construction. It shows the notary's official name, the notary's city of residence, and the beginning and ending dates of the commission. (5) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in 30-3-510(1)(b). (1) A notary public may charge a fee not to exceed $10 for each notarial act: (9) A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual: You need not indicate how the signature was made when completing the notarial certificate, but you should indicate that detail in your journal entry as "other information.". (a) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual; The language that a document is written in is not the most important factor in determining whether or not you can perform the requested notarial act. Title of officer (if not shown in stamp), (2) For an acknowledgment in a representative capacity: DO NOT place your seal/stamp in such a way it obstructs any other part of the notarial block. Montana law defines personal appearance as either physical presence, or in some specific situations, by means of real-time, two-way video and audio communication (remote notarization). Paper journals may be obtained from a local office supply store or other retailer, or they are available online from many sources. See this section for more information. If you are unsure whether you may properly certify a copy of a particular record or document, contact the Secretary of State's office. The notarial acts of certifying or attesting a transcript of an affidavit or deposition and making a protest of a negotiable instrument may be performed only by notaries who are knowledgeable of the applicable associated legal requirements. All should contain the four basic elements. If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of its size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed. Notarial Acts. Resolved: Release in which this issue/RFE has been resolved. (2) that indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records. (3) An entry in a journal must be made contemporaneously with performance of the notarial act and contain:

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