(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.