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(1) A person seeking a commission as a notary public shall make an application on a form prescribed by the Secretary of State that includes the following information:

(a) applicant's name;

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

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

(i) whether or not the applicant intends to provide electronic notarization services, and, if so, the identification of the tamper-proof technology the applicant intends to use.

(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;

(c) is a resident of or has a place of employment or practice in Montana;

(d) can read and write English;

(e) has 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.

(4) An applicant who is not currently commissioned as a notary public shall submit with the application a certificate proving the applicant has passed a notary public examination approved by the Secretary of State.

History: 1-5-628, MCA; IMP, 1-5-619, 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.

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