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44.15.101   APPLICATION FOR A COMMISSION AS A NOTARY PUBLIC

(1) A person seeking a commission as a notary public shall make an application by submitting one or more of the requisite forms prescribed by the Secretary of State that includes the following information:

(a) applicant's name, which must consist of at least one initial and the notary's surname;

(b) applicant's date of birth;

(c) applicant's physical/residential address and mailing address;

(d) applicant's personal e-mail address;

(e) applicant's personal telephone number;

(f) applicant's employer's name, address, and telephone number;

(g) applicant's work email address;

(i) if the applicant is unemployed or self-employed, the applicant must submit an alternate contact person and the alternate contact's phone number or email address;

(h) the date the applicant's current notary commission expires (if applicable);

(i) the name under which the applicant's previous commission was issued (if applicable);

(j) whether or not the applicant intends to provide remote and/or electronic notarization services, and, if so, the identification of the communication technology and/or the electronic notarization system(s) the applicant intends to use and a copy of the certificate showing the notary has successfully completed an approved course of instruction and examination; and

(k) an exemplar of the applicant's official signature which must match the applicant's name as entered on the application and the surety bond and which must be used on all tangibly and electronically notarized records.

(2) The application shall indicate if the applicant:

(a) is at least 18 years old;

(b) is a citizen or permanent legal resident of the United States; and

(c) whether the applicant:

(i) is a resident of Montana;

(ii) has a place of employment or practice in Montana; or

(iii) is the spouse or legal dependent of military personnel assigned to active duty in Montana;

(d) can read and write English;

(e) has pled guilty, pled no contest, or been convicted of a felony or crime involving fraud, dishonesty, or deceit within the last 10 years;

(f) has been found in any legal proceeding or disciplinary action within the last 10 years to have acted fraudulently, dishonestly, or deceitfully; and

(g) has had a notary commission denied, revoked, or restricted in any state within the last 10 years.

(3) The applicant must affirm under oath that the information on the application is true and correct and that the applicant will support and defend the Constitutions of the United States and the State of Montana and uphold the duties of the office of notary public.

(4) An applicant shall submit with the application certification proving the applicant has completed the required education and passed a notary public examination approved by the Secretary of State.

(a) New and renewing applicants must take and pass the examination no more than six months before submitting the application.

(i) A grade of 80% is considered passing.

(ii) If the applicant fails to achieve a passing score after three attempts, the applicant must wait three months before attempting to take the exam again.

 

History: 1-5-628, MCA; IMP, 1-5-619, 1-5-620, MCA; NEW, 1993 MAR p. 2250, Eff. 10/1/93; AMD, 2008 MAR p. 66, Eff. 1/18/08; AMD, 2015 MAR p. 2096, Eff. 10/30/15; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

44.15.102   APPLICATION FEE
(1) The applicant shall submit a $25 non-refundable application fee.
History: Sec. 1-5-408, MCA; IMP, Sec. 1-5-408, MCA; NEW, 1993 MAR p. 2250, Eff. 10/1/93; AMD, 2001 MAR p. 2162, Eff. 10/26/01.

44.15.103   NOTARY BOND

(1) The applicant shall submit with the application and fee, a bond on the form prescribed by the Secretary of State from an approved bonding company in the amount of $25,000 for the full four-year term of the notary commission. The bonding company shall notify the Secretary of State's office within 30 business days if a claim is made against the bond or if the bond is canceled or otherwise not honored.


History: 1-5-628, MCA; IMP, 1-5-619, MCA; NEW, 1993 MAR p. 2250, Eff. 10/1/93; AMD, 2001 MAR p. 2162, Eff. 10/26/01; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

44.15.104   CANCELLATION OF COMMISSION

This rule has been repealed.

History: 2-4-201, MCA; IMP, 1-5-404, 1-5-405, 2-4-604, MCA; NEW, 1993 MAR p. 2250, Eff. 10/1/93; AMD, 2008 MAR p. 66, Eff. 1/18/08; REP, 2015 MAR p. 1913, Eff. 10/30/15.

44.15.105   REQUEST FOR CERTIFICATE OF AUTHORITY

(1) A person requesting certificate of authority of a record for a foreign country shall submit a $10 nonrefundable fee for each certification, together with a request form as prescribed by the Secretary of State.


History: 1-5-628, MCA; IMP, 1-5-608, MCA; NEW, 2001 MAR p. 2162, Eff. 10/26/01; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

44.15.106   NOTIFICATION TO SECRETARY OF STATE OF CHANGE IN INFORMATION OR STATUS

(1) A notary public shall notify the Secretary of State within 30 calendar days of any change in the information on file with the Secretary of State, using the form prescribed by the Secretary of State, including the notary public's:

(a) name;

(b) physical/residential address;

(c) mailing address;

(d) personal or work e-mail address;

(e) personal telephone number;

(f) alternate phone number or contact person;

(g) employer's name, address, and telephone number; and

(h) use of electronic notarization system or communications technology.

(2) When a notary public changes the notary name on file with the Secretary of State, the notary public shall file with the Secretary of State:

(a) a rider or other document issued by the notary's surety company showing the change of name; and

(b) an exemplar of the notary's new official signature using the form prescribed by the Secretary of State.

(3) A notary public shall notify the Secretary of State within 30 calendar days of:

(a) being convicted of or entering a plea of guilty or no contest to a felony or crime involving fraud, dishonesty, or deceit;

(b) being found in any legal proceeding or disciplinary action to have acted fraudulently, dishonestly, or deceitfully; or

(c) having a notary commission denied, revoked, or restricted in a state other than Montana.

(4) A notary public shall notify the Secretary of State within 30 calendar days on a form provided by the Secretary of State:

(a) if the notary public resigns an active commission prior to the expiration date;

(b) if the notary public moves out of state and no longer meets the residency requirements to hold a commission; or

(c) if the notary does not intend to renew the commission and include the following information:

(i) the date on which the resignation is effective;

(ii) the location where the notary's journals are to be stored; and

(iii) the notary's future contact information if different from the information on file with the Secretary of State.

 

History: 1-5-628, MCA; IMP, 1-5-619, MCA; NEW, 2015 MAR p. 1913, Eff. 10/30/15; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

44.15.107   OFFICIAL STAMP

(1) The official stamp of a notary public, whether the impression is on a tangible or electronic record, shall:

(a) be rectangular in shape and approximately 1" by 2" in size;

(b) be in blue or black ink;

(c) have a circular seal to the left that includes the words "notarial seal," the words "State of Montana," and the notary public's name as it appears on the notary public's certificate of commission;

(d) have a block of text to the right of the seal that includes:

(i) the notary public's printed name as it appears on the notary public's certificate of commission;

(ii) the words "Notary Public for the State of Montana";

(iii) the words "Residing at" immediately followed by the name of the city or town and state where the notary public lives; and

(iv) the words "My Commission Expires" immediately followed by the notary public's commission expiration date, expressed in terms of the month (spelled out), day, and four-digit year;

(e) have a plain rectangular border enclosing the text and seal; and

(f) be in the general format illustrated below:

History: 1-5-628, MCA; IMP, 1-5-616, MCA; NEW, 2015 MAR p. 1913, Eff. 10/30/15.

44.15.108   REMOTE AND REMOTE ONLINE NOTARIZATIONS

(1) Remote and remote online notarizations shall only be performed using technology that allows the individuals communicating to simultaneously see and speak to one another.

(2) When performing remote or remote online notarizations, the signal transmission shall be live, real time.

(3) All remote and remote online notarizations shall be recorded electronically.

(4) Prior to performing any remote or remote online notarization, the notary public shall inform all individuals participating in the notarization that the notarization will be electronically recorded.

(5) All recordings of remote and remote online notarizations shall include a recitation by the notary public that includes the following:

(a) the notary public's name;

(b) the notary public's commission expiration date;

(c) a declaration that all individuals participating in the remote notarization have been informed by the notary public that the notarization will be electronically recorded;

(d) the date and time the notarial act is being performed;

(e) the state and county in which the notary public is located when the notarial act is being performed;

(f) the type of notarial act that is being performed;

(g) the type or title of record that is being notarized;

(h) whether the notarial act is being performed on a tangible or electronic record;

(i) how the individual for whom the notarial act is being performed has been identified; and

(j) if a record is being executed, an acknowledgement that the person for whom the notarial act is being performed has the competency or capacity to execute the record.

(6) All recordings of remote notarizations shall include a recitation by the individual for whom the notarial act is being performed that includes the following:

(a) the individual's name;

(b) where the individual legally resides;

(c) a declaration that the signature made on the record being notarized is that of the individual;

(d) the date the individual signed the record being notarized;

(e) a declaration that the signature made on the record being notarized was made by the individual knowingly or voluntarily; and

(f) if the individual is located outside of the United States at the time of the remote notarization, a declaration that the individual is unaware of any legal conflicts that prohibit the individual's participation in a remote notarization.

(7) If the individual for whom the notarial act is being performed is being identified by personal knowledge, the recording of the remote notarization shall include an explanation by the notary public as to how the notary public has come to know the individual for whom the notarial act is being performed and the length of time the notary public has known the individual.

(8) If the individual for whom the notarial act is being performed is being identified by credible witness, the recording of the remote notarization shall include:

(a) a statement by the notary public as to how the credible witness was identified;

(b) an explanation by the credible witness as to how the credible witness has come to know the individual for whom the notarial act is being performed and the length of time the credible witness has known the individual; and

(c) a sworn statement by the credible witness identifying the principal.

(9) If the individual for whom the notarial act is being performed was identified by means of identification technologies, the notary shall state the two or more types of technologies used.

History: 1-5-628, MCA; IMP, 1-5-603, 1-5-615, 1-5-618, MCA; NEW, 2015 MAR p. 1913, Eff. 10/30/15; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

44.15.109   FEES FOR NOTARIAL ACTS

(1) A notary public may charge an additional fee in accordance with 1-5-626(2), MCA:

(a) for traveling to perform a notarial act;

(b) for performing a notarial act using an electronic notarization system or communications technology; or

(c) to recover the cost of providing a journal entry or audiovisual recording.

 

History: 1-5-628, MCA; IMP, 1-5-626, MCA; NEW, 2015 MAR p. 1913, Eff. 10/30/15; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

44.15.110   NOTARY PUBLIC JOURNAL RETENTION

(1) A notary public must retain the notary's journal(s) at all times while holding an active commission unless the notary has satisfied the requirements set forth by (a). 

(a) A notary who transmits control of the notary's journal(s) to the notary's employer shall complete the form prescribed by the Secretary of State and signed by the notary and the notary's employer indicating:

(i) the physical location where the journal(s) will be kept;

(ii) the name, phone number, and email of the employer or the custodian of the records; and

(iii) the notary's authorization for the designated custodian to release the records in accordance with 1-5-618(6), MCA, and the custodian's agreement to accept the responsibility and conditions.

(2) When a notary voluntarily resigns or chooses not to renew a commission, the notary may choose to transmit the notary's journal(s) to an approved repository by submitting the form prescribed by the Secretary of State and signed by the notary indicating:

(a) the physical location where the journal(s) will be kept;

(b) the name, phone number, and email of the proposed custodian of the records; and

(c) the notary's authorization for the designated custodian to release the records in accordance with 1-5-618(6), MCA, and the custodian's agreement to accept the responsibility and conditions.

 

History: 1-5-628, MCA; IMP, 1-5-618, MCA; NEW, 2019 MAR p. 1530, Eff. 9/7/19.