• Can Montana notaries perform marriage ceremonies?

  Yes. Montana notaries may solemnize marriages. || Citation: MCA 1‑5‑630Few readers

• Who is allowed to perform notarial acts in Montana?

  Notarial acts may be performed by Montana notaries public, judges, clerks and deputy clerks of courts, and anyone else who is legally authorized by Montana law. || Citation: MCA 1‑5‑604(1)Few readers

• How long must a notary keep their journal and recordings?

  • Journals must be kept for 10 years • Remote notarial recordings must also be kept 10 years || Citations: MCA 1‑5‑618(1)(d) and 1‑5‑618(9)–(11); ARM 44.15.110(1)–(2)Few readers

• What are the requirements to become a Montana notary public?

  Applicants must: • Be at least 18 years old • Be a U.S. citizen or permanent resident • Meet Montana residency/employment criteria • Read and write English • Pass an examination and complete required education • Obtain a $25,000 surety bond • Submit the state application and fee || Citations: MCA 1‑5‑619; 1‑5‑620; ARM 44.15.101–103Few readers

• Can a notary use an electronic stamp or perform electronic notarizations?

  Only if: • the notary has notified the Secretary of State, • the technology used is approved by Secretary of State, and • they have completed required training, • the electronic stamp meets required format. || Citations: MCA 1‑5‑616; 1‑5‑615; ARM 44.15.107Few readers

• What should a notary do if their stamp or journal is lost or stolen?

  The notary must promptly notify the Secretary of State. || Citations: MCA 1‑5‑617(3); 1‑5‑618(7)Few readers

• Do notaries have to keep records of their notarizations?

  Yes. Notaries must keep a journal of all notarial acts and retain it for 10 years. Remote notarizations also require a 10‑year audiovisual recording. || Citations: MCA 1‑5‑618; ARM 44.15.110Few readers

• What records can a notary certify as true copies?

  A notary may certify copies of records except official government records (like birth, death, marriage certificates, court records, school transcripts) unless they are employed by the agency that holds the original. || Citation: MCA 1‑5‑625(1)(c)Few readers

• What identification does a notary require to notarize a signature?

  A notary must verify identity through personal knowledge, an acceptable government‑issued ID (current or expired up to 3 years), or a credible witness who can be identified and vouches for the signer. || Citation: MCA 1‑5‑603(12)Few readers

• Can a notary refuse to perform a notarization?

  Yes. A notary must refuse if the signer is not competent, does not understand the document, or is not signing willingly. They may also refuse unless another law requires the act. || Citation: MCA 1‑5‑622(1)–(2)Few readers

• Can Montana notaries notarize documents for use in foreign countries?

  Yes, if the notarial block is in English, it may be notarized. Please contact the Secretary of State’s office for additional information if requesting an apostille for international documents. || Citation: MCA 1‑5‑608; 1‑5‑631Few readers

• Can a notary certify an electronic record?

  Yes. A notary may certify a tangible copy of an electronic record or certify a transcript of a deposition or affidavit. || Citation: MCA 1‑5‑603(5) and 1‑5‑610(7-8)Few readers

• What actions are prohibited for Montana notaries?

  Notaries may not: • Notarize their own signature • Notarize records where they directly benefit • Certify copies of official records unless employed by the issuing agency • Provide legal advice unless licensed as an attorney • Use the term “notario” or “notario público” unless an attorney • Engage in deceptive advertising || Citation: MCA 1‑5‑625(1)–(4)Few readers

• What technology standards apply to remote notarization?

  Technology must allow real‑time, two‑way audio‑visual communication, and recordings must capture required statements from the notary and principal. || Citation: MCA 1‑5‑603; 1‑5‑615; ARM 44.15.108(1)–(9)Few readers

• How much can a Montana notary charge?

  A notary may charge up to $10 per notarial act. Additional fees may be charged for travel, electronic notarization, or providing journal entries or recordings, but they must be disclosed in advance. || Citations: MCA 1‑5‑626; ARM 44.15.109Few readers

• How much is the application fee?

  The application fee is $25. || Citation: ARM 44.15.102Few readers

• Is there a set standard for the layout of an official notary stamp?

  Yes, Montana law dictates specific formatting rules, including size, ink color (blue or black), required wording, and layout. || Citations: MCA 1‑5‑616; ARM 44.15.107Few readers

• What are the penalties for unlawful notarial acts?

  Unlawful acts—such as altering certificates, withholding a notary’s stamp, or destroying notarial records—can result in fines up to $2,500, imprisonment up to 1 year, or both. Citation: || MCA 1‑5‑632Few readers

• Can notarizations be performed remotely in Montana?

  Yes. Remote and remote online notarizations are allowed if the notary is specifically authorized by the Secretary of State’s office to perform this act, physically located in Montana, uses approved communication technology, confirms identity appropriately, and records the session as required. || Citations: MCA 1‑5‑603(9)–(10); 1‑5‑615; 1‑5‑618; ARM 44.15.108Few readers

• Are notarizations valid if a notary accidentally makes a mistake?

  Most mistakes do not always invalidate a notarization, except those involving failure to verify identity or failure to meet certain certificate requirements. Contact the Secretary of State’s office if clarification is needed for specific scenarios. || Citation: MCA 1‑5‑624Few readers

• What happens if someone cannot physically sign their name?

  Another person may sign the record at the direction of the principal. The notary is legally responsible for including special wording indicating that the signature was affixed by someone else and record the required details in the journal. || Citation: MCA 1‑5‑623(1)–(2)Few readers

• What is the maximum fee a notary can charge per act?

  A Montana notary may charge up to $10 per notarization. Additional fees for travel or electronic notarization may be charged but must be agreed upon in advance. || Citation: MCA 1‑5‑626(1)–(2); ARM 44.15.109Few readers

• Can a Montana notary notarize outside the state?

  A commission may authorize a notary to perform acts in bordering states if the other state recognizes their authority. || Citation: MCA 1‑5‑605(4)Few readers

• Can a notary help prepare legal documents or give legal advice?

  No. Unless the notary is a licensed attorney, they cannot: • draft legal documents, • advise on legal matters, including immigration, or • charge fees for those activities. || Citation: MCA 1‑5‑625(3)–(4)Few readers

• When must a notary refuse a notarization?

  A notary must refuse if the individual seems incompetent, does not appear to understand what they are signing, or is not signing willingly. || Citation: MCA 1‑5‑622Few readers

• What is a notarial act?

  A notarial act is an official action performed by a notary, such as taking acknowledgments, witnessing signatures, administering oaths, verifying statements, certifying copies, or certifying facts. || Citation: MCA 1‑5‑602(13)Few readers