Title 1, Title 1

A scroll or other sign made in a sister state or foreign country and there recognized as a seal must be so regarded in this state.

All distinctions between sealed and unsealed instruments are abolished.

All instruments shall be as effectual without a seal as if the same had a seal attached thereto, but this section shall not apply to municipal or other corporations which by law are required to attest their action under seal.

There must be no difference in this state between sealed and unsealed writings. A writing under seal may therefore be changed or altogether discharged by a writing not under seal.

An agreement in writing without a seal for the compromise or settlement of a debt is as obligatory as if a seal were affixed.

Proof of the execution of an instrument which has not been acknowledged may be made by: (1) all of the parties who executed it or any one of them; (2) a subscribing witness; or (3) other witnesses in cases mentioned in 1-5-302.

The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases: (1) when the parties and all the subscribing witnesses are dead; (2) when the parties and all the subscribing witnesse…

The evidence taken under 1-5-302 must satisfactorily prove to the officer the following facts: (1) the existence of one or more of the conditions mentioned in 1-5-302; (2) that the witness testifying knew the person whose name purports to be subscribed to the instrument as a part…

Officers authorized to take the proof of instruments are authorized in such proceedings to: (1) administer oaths or affirmations as prescribed by law; (2) employ and swear interpreters; and (3) issue subpoenas as prescribed by law.

An officer taking proof of the execution of an instrument shall, in the certificate endorsed upon or attached to the instrument, set forth all the matters required by law to be done or known by the officer or proved before the officer on the proceeding, together with the names of…

This part may be cited as the "Revised Uniform Law on Notarial Acts".

As used in this part, the following definitions apply: (1) "Acknowledgment" means a declaration by an individual appearing before a notarial officer that the individual has willingly signed a record for the purposes stated in the record and, if the record is signed in a represent…

(1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the acknowledgment has the identity claimed and…

(1) A notarial act may be performed in this state by: (a) a notary public of this state; (b) a judge, clerk, or deputy clerk of any court of this state; or (c) any other individual authorized to perform the specific act by the law of this state. (2) The signature and title of an …

(1) A notarial act performed in another state has the same effect under the law of this state as if the notarial act were performed by a notarial officer of this state if the notarial act performed in the other state is performed by: (a) a notary public of that state; (b) a judge…

(1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state if the notarial act performed in the jurisdiction of the tribe is performed by: (a) a notary pub…

(1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the notarial act performed under federal law is performed by: (a) a judge, clerk, or deputy clerk of a court; (b) an individual in…

(1) A notarial act performed under the authority of and in the jurisdiction of a foreign state or a constituent unit of the foreign state or under the authority of a multinational or international governmental organization has the same effect under the law of this state as if per…

(1) (a) A notarial act must be evidenced by a certificate completed by a notarial officer. (b) The certificate must: (i) be executed contemporaneously with the performance of the notarial act; (ii) specify the notarial act performed; (iii) identify the venue as described in 1-5-6…

The following short-form certificates of notarial acts are sufficient for the purposes indicated if they are completed with the information required by 1-5-609(1) through (4): (1) For an acknowledgment in an individual capacity: State of........................ County of.........…

Consideration must be given in applying and construing this part to the need to promote the uniformity of the law with respect to the subject of this part among other enacting states.

(1) (a) A notarial officer may select one or more electronic notarization systems to perform notarial acts with respect to electronic records. (b) A person may not require a notarial officer to perform a notarial act with respect to an electronic record with an electronic notariz…

(1) The official signature of a notary public must: (a) be filed with the secretary of state on a form prescribed by the secretary of state; (b) be reasonably similar to the official signature on file with the secretary of state; (c) if executed on a tangible record, be in blue o…

(1) A notary public is the sole owner of the notary public's stamping device and is responsible for the security of the notary public's stamping device and may not allow another individual to use the stamping device to perform a notarial act or for any other reason. (2) (a) On re…

(1) (a) If a notarial act is performed using communication technology, the notarial officer shall make an audiovisual recording of the entire communication. (b) Except as provided in subsection (1)(d)(ii), a notarial officer must keep sole possession of an audiovisual recording. …

(1) To hold a commission as a notary public, an individual must: (a) be at least 18 years old; (b) be a citizen or permanent legal resident of the United States; (c) (i) be a resident of Montana; (ii) be the spouse or legal dependent of military personnel assigned to active duty …

(1) An applicant for a new or renewed commission as a notary public in this state shall pass an examination administered by the secretary of state or by an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (2).…

(1) The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as a notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including: …

(1) A notarial officer shall refuse to perform a notarial act if the notarial officer is not satisfied that: (a) the individual executing the record is competent or has the capacity to execute the record; or (b) the individual executing the record is signing knowingly or voluntar…

(1) If a principal intending to execute a record is physically unable to sign a record, the principal may direct an individual other than the notarial officer to sign the principal's name on the record. The notarial officer shall insert "Signature affixed by (name of the other in…

Failure by a notarial officer to perform a duty or meet a requirement specified in this part, except failure to comply with the provisions of 1-5-603(12) or 1-5-625(1)(a) through (1)(d) and (2), does not invalidate a notarial act performed by the notarial officer. The validity of…

(1) A notary public may not: (a) notarize the notary's own signature; (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); (c) certify a copy …

(1) A notary public may charge a fee not to exceed $10 for each notarial act: (a) performing an acknowledgment; (b) witnessing a signature; (c) executing a verification on oath or affirmation (jurat); (d) certifying a transcript; (e) certifying a copy; (f) performing a certificat…

The secretary of state shall maintain an electronic database of notaries public: (1) through which a person may verify the authority of a notary public to perform notarial acts; (2) that indicates whether a notary public has notified the secretary of state that the notary public …

(1) The secretary of state may adopt rules to implement this part. (2) Rules adopted regarding the performance of notarial acts with respect to electronic records, electronic notarization systems, or communication technology may not require or accord legal status or effect to the…

(1) A notary public may perform a notarial act within the jurisdiction authorized in the notary's commission from the secretary of state. (2) The venue for a notarial act is the state and the county where the notarial officer is physically located at the time the notarial act is …

As provided in 40-1-301 and subject to rules adopted by the secretary of state, a notary public may solemnize a marriage.

(1) The authenticity of the official seal and signature of a Montana notarial officer may be evidenced by a certificate of authority from the secretary of state confirming the authority of a Montana notarial officer to perform a notarial act on a record that will be sent to a for…

(1) It is unlawful to: (a) intentionally withhold from a notary public the notary public's official stamp, journal, or certificate of commission of a notary public; (b) attach, photocopy, alter, or otherwise reproduce a notary public's signature, stamp, or completed notarial cert…

Every court, judge, clerk of any court, justice, notary public, and officer or person authorized to take testimony in any action or proceeding or to decide upon evidence has power to administer oaths or affirmations.

An oath or affirmation in an action or proceeding may be administered by the person who swears or affirms expressing that person's assent when addressed with "You do solemnly swear (or affirm, as the case may be) that the evidence you will give in this issue (or matter), pending …

The court shall vary the mode of swearing or affirming to accord with the witness's beliefs whenever it is satisfied that the witness has a distinct mode of swearing or affirming.

Any person who desires it may instead of taking an oath make a solemn affirmation or declaration by assenting when addressed with "You do solemnly affirm (or declare), etc.", as provided in 1-6-102.

(1) Whenever, under any law of this state or under any rule, order, or requirement made under the law of this state, any matter is required or permitted to be supported, evidenced, established, or proved by a person's sworn written declaration, verification, certificate, oath, or…

As used in this chapter, unless the context requires otherwise, the following definitions apply: (1) "Code" or "codes" means the Montana Code Annotated, which is a reenactment of the Revised Codes of Montana, 1947, as provided in 1-11-103. (2) "Publication" or "publish" means the…

(1) The recodified laws are known as the "Montana Code Annotated" and may be cited as "MCA". (2) An example of the correct citation form for a section of the Montana Code Annotated is "1-11-102, MCA".