reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 2. Acknowledgment (Repealed) › 1-5-206. Repealed

1-5-206. Repealed.
Sec. 22, Ch. 192, L. 1993.
History: (1)En. Sec. 1606, Civ. C. 1895; re-en. Sec. 4660, Rev. C. 1907; re-en. Sec. 6911, R.C.M. 1921; Cal. Civ. C. Sec. 1186; re-en. Sec. 6911, R.C.M. 1935; amd. Sec. 16, Ch. 535, L. 1975; Sec. 39-108, R.C.M. 1947; (2)En. Sec. 1607, Civ. C. 1895; re-en. Sec. 4661, Rev. C. 1907; re-en. Sec. 6912, R.C.M. 1921; Cal. Civ. C. Sec. 1187; Based on Field Civ. C. Sec. 522; re-en. Sec. 6912, R.C.M. 1935; amd. Sec. 17, Ch. 535, L. 1975; Sec. 39-109, R.C.M. 1947; R.C.M. 1947, 39-108, 39-109.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 2. Acknowledgment (Repealed) › 1-5-207. Repealed

1-5-207. Repealed.
Sec. 22, Ch. 192, L. 1993.
History: En. Sec. 1611, Civ. C. 1895; re-en. Sec. 4665, Rev. C. 1907; re-en. Sec. 6916, R.C.M. 1921; Cal. Civ. C. Sec. 1191; re-en. Sec. 6916, R.C.M. 1935; amd. Sec. 18, Ch. 535, L. 1975; R.C.M. 1947, 39-113.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 2. Acknowledgment (Repealed) › 1-5-208. Repealed

1-5-208. Repealed.
Sec. 22, Ch. 192, L. 1993.
History: En. Sec. 1, Ch. 81, L. 1953; R.C.M. 1947, 39-103.1.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 3. Proof of Execution › 1-5-301. Who may prove execution of instrument

1-5-301. Who may prove execution of instrument.
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.
History: En. Sec. 1615, Civ. C. 1895; re-en. Sec. 4669, Rev. C. 1907; re-en. Sec. 6920, R.C.M. 1921; Cal. Civ. C. Sec. 1195; re-en. Sec. 6920, R.C.M 1935; R.C.M. 1947, 39-117; amd. Sec. 5, Ch. 119, L. 1979.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 3. Proof of Execution › 1-5-302. When execution may be proved by handwriting

1-5-302. When execution may be proved by handwriting.
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 witnesses are nonresidents of the state;
(3) when the place of their residence is unknown to the party desiring the proof and cannot be ascertained by the exercise of due diligence;
(4) when the subscribing witness hides or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or
(5) in case of the continued failure or refusal of the witness to testify for the period of 1 hour after the witness's appearance.
History: En. Sec. 1618, Civ. C. 1895; re-en. Sec. 4672, Rev. C. 1907; re-en. Sec. 6923, R.C.M. 1921; Cal. Civ. Sec. 1198; re-en. Sec. 6923, R.C.M. 1935; R.C.M. 1947, 39-120; amd. Sec. 25, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 3. Proof of Execution › 1-5-303. Facts that must be shown when offering proof of handwriting

1-5-303. Facts that must be shown when offering proof of handwriting.
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 party and is well acquainted with that person's signature;
(3) that the witness testifying personally knew the person who subscribed the instrument as a witness and is well acquainted with that person's signature;
(4) that the signature or signatures in question are genuine; and
(5) the place of residence of the witness.
History: En. Sec. 1619, Civ. C. 1895; re-en. Sec. 4673, Rev. C. 1907; re-en. Sec. 6924, R.C.M. 1921; Cal. Civ. C. Sec. 1199; re-en. Sec. 6924, R.C.M. 1935; R.C.M. 1947, 39-121; amd. Sec. 6, Ch. 119, L. 1979; amd. Sec. 26, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 3. Proof of Execution › 1-5-304. Powers of officer taking proof of execution

1-5-304. Powers of officer taking proof of execution.
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.
History: En. Sec. 1621, Civ. C. 1895; re-en. Sec. 4675, Rev. C. 1907; re-en. Sec. 6926, R.C.M. 1921; Cal. Civ. C. Sec. 1201; re-en. Sec. 6926, R.C.M. 1935; R.C.M. 1947, 39-123; amd. Sec. 7, Ch. 119, L. 1979.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 3. Proof of Execution › 1-5-305. Contents of certificate of proof

1-5-305. Contents of certificate of proof.
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 all the witnesses examined before the officer, their places of residence, and the substance of their testimony.
History: En. Sec. 1620, Civ. C. 1895; re-en. Sec. 4674, Rev. C. 1907; re-en. Sec. 6925, R.C.M. 1921; Cal. Civ. C. Sec. 1200; Based on Field Civ. C. Sec. 526; re-en. Sec. 6925, R.C.M. 1935; R.C.M. 1947, 39-122; amd. Sec. 27, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-401. Repealed

1-5-401. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 910, Pol. C. 1895; re-en. Sec. 317, Rev. C. 1907; amd. Sec. 1, Ch. 103, L. 1909; re-en. Sec. 385, R.C.M. 1921; Cal. Pol. C. Sec. 791; re-en. Sec. 385, R.C.M. 1935; R.C.M. 1947, 56-101(part); amd. Sec. 12, Ch. 192, L. 1993; amd. Sec. 1, Ch. 319, L. 2009.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-402. Repealed

1-5-402. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 911, Pol. C. 1895; re-en. Sec. 318, Rev. C. 1907; amd. Sec. 2, Ch. 103, L. 1909; re-en. Sec. 386, R.C.M. 1921; Cal. Pol. C. Sec. 792; re-en. Sec. 386, R.C.M. 1935; R.C.M. 1947, 56-102; amd. Sec. 13, Ch. 192, L. 1993; amd. Sec. 1, Ch. 161, L. 2001; amd. Sec. 2, Ch. 319, L. 2009.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-403. Repealed

1-5-403. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 912, Pol. C. 1895; re-en. Sec. 319, Rev. C. 1907; re-en. Sec. 387, R.C.M. 1921; Cal. Pol. C. Sec. 793; re-en. Sec. 387, R.C.M. 1935; R.C.M. 1947, 56-103; amd. Sec. 14, Ch. 192, L. 1993; amd. Sec. 2, Ch. 161, L. 2001.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-404. Repealed

1-5-404. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 922, Pol. C. 1895; re-en. Sec. 329, Rev. C. 1907; re-en. Sec. 398, R.C.M. 1921; re-en. Sec. 398, R.C.M. 1935; R.C.M. 1947, 56-114; amd. Sec. 15, Ch. 192, L. 1993; amd. Sec. 3, Ch. 161, L. 2001.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-405. Repealed

1-5-405. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Secs. 324-325, Rev. C. 1907; amd. Sec. 5, Ch. 103, L. 1909; amd. Sec. 1, Ch. 7, L. 1921; re-en. Sec. 394, R.C.M. 1921; Cal. Pol. C. Sec. 799; re-en. Sec. 394, R.C.M. 1935; R.C.M. 1947, 56-110; amd. Sec. 1, Ch. 80, L. 1983; amd. Sec. 16, Ch. 192, L. 1993; amd. Sec. 4, Ch. 161, L. 2001; amd. Sec. 1, Ch. 12, L. 2003.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-406. Repealed

1-5-406. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 919, Pol. C. 1895; re-en. Sec. 326, Rev. C. 1907; re-en. Sec. 395, R.C.M. 1921; Cal. Pol. C. Sec. 801; re-en. Sec. 395, R.C.M. 1935; R.C.M. 1947, 56-111; amd. Sec. 28, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-407. Repealed

1-5-407. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 2, p. 101, L. 1885; re-en. Sec. 1569, 5th Div. Comp. Stat. 1887; re-en. Sec. 920, Pol. C. 1895; re-en. Sec. 327, Rev. C. 1907; amd. Sec. 6, Ch. 103, L. 1909; re-en. Sec. 396, R.C.M. 1921; re-en. Sec. 396, R.C.M. 1935; R.C.M. 1947, 56-112; amd. Sec. 29, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-408. Repealed

1-5-408. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 3, p. 101, L. 1885; re-en. Sec. 1570, 5th Div. Comp. Stat. 1887; re-en. Sec. 921, Pol. C. 1895; re-en. Sec. 328, Rev. C. 1907; amd. Sec. 7, Ch. 103, L. 1909; re-en. Sec. 397, R.C.M. 1921; re-en. Sec. 397, R.C.M. 1935; amd. Sec. 12, Ch. 117, L. 1961; R.C.M. 1947, 56-113; amd. Sec. 1, Ch. 14, L. 1985; amd. Sec. 17, Ch. 192, L. 1993; amd. Sec. 5, Ch. 161, L. 2001; amd. Sec. 2, Ch. 396, L. 2001.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-409. Repealed

1-5-409. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 1, Ch. 70, L. 1989; amd. Sec. 6, Ch. 161, L. 2001.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-415. Repealed

1-5-415. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: Ap. p. Sec. 910, Pol. C. 1895; re-en. Sec. 317, Rev. C. 1907; amd. Sec. 1, Ch. 103, L. 1909; re-en. Sec. 385, R.C.M. 1921; Cal. Pol. C. Sec. 791; re-en. Sec. 385, R.C.M. 1935; Sec. 56-101, R.C.M. 1947; Ap. p. Sec. 4, Ch. 103, L. 1909; re-en. Sec. 389, R.C.M. 1921; re-en. Sec. 389, R.C.M. 1935; Sec. 56-105, R.C.M. 1947; R.C.M. 1947, 56-101(part), 56-105(part); amd. Sec. 18, Ch. 192, L. 1993.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-416. Repealed

1-5-416. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 913, Pol. C. 1895; re-en. Sec. 320, Rev. C. 1907; amd. Sec. 3, Ch. 103, L. 1909; re-en. Sec. 388, R.C.M. 1921; Cal. Pol. C. Sec. 794; re-en. Sec. 388, R.C.M. 1935; R.C.M. 1947, 56-104; amd. Sec. 8, Ch. 119, L. 1979; amd. Sec. 1, Ch. 225, L. 1981; amd. Sec. 1, Ch. 64, L. 1997; amd. Sec. 7, Ch. 161, L. 2001; amd. Sec. 2, Ch. 12, L. 2003; amd. Sec. 1, Ch. 123, L. 2005; amd. Sec. 3, Ch. 319, L. 2009.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-417. Repealed

1-5-417. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 1, Ch. 77, L. 1909; re-en. Sec. 390, R.C.M. 1921; re-en. Sec. 390, R.C.M. 1935; R.C.M. 1947, 56-106; amd. Sec. 19, Ch. 192, L. 1993; amd. Sec. 8, Ch. 161, L. 2001.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-418. Repealed

1-5-418. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 1, Ch. 44, L. 1907; Sec. 3165, Rev. C. 1907; re-en. Sec. 4914, R.C.M. 1921; re-en. Sec. 4914, R.C.M. 1935; R.C.M. 1947, 25-112; amd. Sec. 2, Ch. 225, L. 1981; amd. Sec. 9, Ch. 161, L. 2001.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-419. Repealed

1-5-419. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 915, Pol. C. 1895; re-en. Sec. 322, Rev. C. 1907; re-en. Sec. 392, R.C.M. 1921; Cal. Pol. C. Sec. 796; re-en. Sec. 392, R.C.M. 1935; R.C.M. 1947, 56-108; amd. Sec. 30, Ch. 61, L. 2007; amd. Sec. 4, Ch. 319, L. 2009; amd. Sec. 1, Ch. 76, L. 2013.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 4. Notaries Public (Repealed) › 1-5-420. Repealed

1-5-420. Repealed.
Sec. 26, Ch. 391, L. 2015.
History: En. Sec. 916, Pol. C. 1895; re-en. Sec. 323, Rev. C. 1907; re-en. Sec. 393, R.C.M. 1921; Cal Pol. C. Sec. 797; re-en. Sec. 393, R.C.M. 1935; R.C.M. 1947, 56-109; amd. Sec. 31, Ch. 61, L. 2007; amd. Sec. 2, Ch. 76, L. 2013.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 5. Commissioners of Deeds (Repealed) › 1-5-501. Repealed

1-5-501. Repealed.
Sec. 14, Ch. 119, L. 1979.
History: En. Sec. 940, Pol. C. 1895; re-en. Sec. 333, Rev. C. 1907; re-en. Sec. 402, R.C.M. 1921; Cal. Pol. C. Secs. 811-817; re-en. Sec. 402, R.C.M. 1935; R.C.M. 1947, 56-201.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 5. Commissioners of Deeds (Repealed) › 1-5-502. Repealed

1-5-502. Repealed.
Sec. 14, Ch. 119, L. 1979.
History: En. Sec. 945, Pol. C. 1895; re-en. Sec. 338, Rev. C. 1907; re-en. Sec. 407, R.C.M. 1921; re-en. Sec. 407, R.C.M. 1935; R.C.M. 1947, 56-206.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 5. Commissioners of Deeds (Repealed) › 1-5-503. Repealed

1-5-503. Repealed.
Sec. 14, Ch. 119, L. 1979.
History: En. Sec. 946, Pol. C. 1895; re-en. Sec. 339, Rev. C. 1907; re-en. Sec. 408, R.C.M. 1921; re-en. Sec. 408, R.C.M. 1935; R.C.M. 1947, 56-207.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 5. Commissioners of Deeds (Repealed) › 1-5-504. Repealed

1-5-504. Repealed.
Sec. 14, Ch. 119, L. 1979.
History: En. Sec. 943, Pol. C. 1895; re-en. Sec. 336, Rev. C. 1907; re-en. Sec. 405, R.C.M. 1921; re-en. Sec. 405, R.C.M. 1935; R.C.M. 1947, 56-204.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 5. Commissioners of Deeds (Repealed) › 1-5-505. Repealed

1-5-505. Repealed.
Sec. 14, Ch. 119, L. 1979.
History: En. Sec. 941, Pol. C. 1895; re-en. Sec. 334, Rev. C. 1907; re-en. Sec. 403, R.C.M. 1921; re-en. Sec. 403, R.C.M. 1935; R.C.M. 1947, 56-202.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 5. Commissioners of Deeds (Repealed) › 1-5-506. Repealed

1-5-506. Repealed.
Sec. 14, Ch. 119, L. 1979.
History: En. Sec. 942, Pol. C. 1895; re-en. Sec. 335, Rev. C. 1907; re-en. Sec. 404, R.C.M. 1921; re-en. Sec. 404, R.C.M. 1935; R.C.M. 1947, 56-203.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 5. Commissioners of Deeds (Repealed) › 1-5-507. Repealed

1-5-507. Repealed.
Sec. 14, Ch. 119, L. 1979.
History: En. Sec. 944, Pol. C. 1895; re-en. Sec. 337, Rev. C. 1907; re-en. Sec. 406, R.C.M. 1921; re-en. Sec. 406, R.C.M. 1935; R.C.M. 1947, 56-205.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-601. Short title

1-5-601. Short title.
This part may be cited as the "Revised Uniform Law on Notarial Acts".
History: En. Sec. 1, Ch. 192, L. 1993; amd. Sec. 1, Ch. 391, L. 2015.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-604. Notarial acts in this state -- authority to perform notarial act

1-5-604. Notarial acts in this state -- authority to perform notarial act.
(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 individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) A notarial officer may perform a notarial act authorized by this part or by a law of this state other than this part.
(4) The notarial acts of certifying or attesting a transcript of an affidavit or deposition and noting a protest of a negotiable instrument may be performed only by notarial officers who are knowledgeable of the applicable legal requirements.
(5) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the notarial officer to perform the notarial act.
History: En. Sec. 4, Ch. 192, L. 1993; amd. Sec. 4, Ch. 391, L. 2015.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-605. Notarial act in another state -- reciprocity -- notary public authority

1-5-605. Notarial act in another state -- reciprocity -- notary public authority.
(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, clerk, or deputy clerk of a court of that state; or
(c) any other individual authorized by the law of that state to perform the notarial act.
(2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the officer to perform the notarial act.
(4) A commission to act as a notary public authorizes the notary public, as provided in 1-5-619, to perform notarial acts in any county in the state or in any bordering state if the border state recognizes the notary's authority within that state. The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees.
History: En. Sec. 5, Ch. 192, L. 1993; amd. Sec. 5, Ch. 391, L. 2015.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-606. Notarial acts under authority of federally recognized Indian tribes

1-5-606. Notarial acts under authority of federally recognized Indian tribes.
(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 public of the tribe;
(b) a judge, clerk, or deputy clerk of a court of the tribe; or
(c) any other individual authorized by the law of the tribe to perform notarial acts.
(2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the notarial officer to perform a notarial act.
History: En. Sec. 6, Ch. 192, L. 1993; amd. Sec. 6, Ch. 391, L. 2015.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-607. Notarial acts under federal authority

1-5-607. Notarial acts under federal authority.
(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 the military service of the United States or performing duties under the authority of the military service if authorized to perform notarial acts under federal law;
(c) an individual designated as a notarizing officer by the United States department of state for performing notarial acts overseas; or
(d) any other individual authorized by federal law to perform notarial acts.
(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
(3) The signature and indicated title of an officer described in subsection (1) conclusively establish the authority of the officer to perform a notarial act.
History: En. Sec. 7, Ch. 192, L. 1993; amd. Sec. 7, Ch. 391, L. 2015.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-608. Foreign notarial acts

1-5-608. Foreign notarial acts.
(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 performed by a notarial officer of this state.
(2) An "apostille" in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state that is a party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
(3) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
(4) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(5) The signature and official stamp of an individual holding an office described in subsection (4) are prima facie evidence that the signature is genuine and the individual holds the designated title.
(6) For the purposes of this section, "foreign state" means a government other than the United States, a state, or a federally recognized Indian tribe.
History: En. Sec. 8, Ch. 192, L. 1993; amd. Sec. 8, Ch. 391, L. 2015.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-611. Uniformity of application and construction

1-5-611. Uniformity of application and construction.
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.
History: En. Sec. 11, Ch. 192, L. 1993; amd. Sec. 11, Ch. 391, L. 2015.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-615. Notarial act regarding electronic record -- selection of system -- notification -- training

1-5-615. Notarial act regarding electronic record -- selection of system -- notification -- training.
(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 notarization system that the notarial officer has not selected.
(2) An electronic notarization system provider shall take reasonable steps to ensure that a notary public opting to use the provider's system has the knowledge to use it to perform electronic notarial acts in compliance with this part.
(3) Before a notary public performs the notary public's initial notarial act using an electronic notarization system or a communication technology, a notary public shall:
(a) notify the secretary of state that the notary public will be performing notarial acts using the electronic notarization system or the communication technology;
(b) identify the electronic notarization system or communication technology, or both, that the notary public intends to use. If the secretary of state has established by rule the standards for the system or technology, the system or technology must comply with the standards. If the system or technology complies with the standards, the secretary of state shall approve the use of the system or technology.
(c) complete a course of instruction approved by the secretary of state and pass an examination based on the course. The course must cover notarial rules, procedures, and ethical obligations pertaining to remote or electronic notarization under this part or pursuant to any other law or official guideline of this state. The course may be completed in conjunction with any course required by the secretary of state for a notary public commission. A notary shall submit proof to the secretary of state that the notary has successfully completed the course and examination.
History: En. Sec. 12, Ch. 391, L. 2015; amd. Sec. 5, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-616. Official signature and stamp

1-5-616. Official signature and stamp.
(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 or black ink;
(d) if executed on an electronic record, be an electronic image of the official signature submitted to the secretary of state; and
(e) be affixed to all tangible and electronic records.
(2) The official stamp of a notary public must:
(a) include the notary public's name, title, city of residence, commission expiration date, or other information required by the secretary of state;
(b) if a physical image, be in blue or black ink in a format prescribed by the secretary of state and capable of being copied together with the record to which the official stamp is affixed or attached or with which the official stamp is logically associated;
(c) if an electronic image, be the same format, color, content, and approximate size as the tangible official stamp and capable of being copied together with the record to which the official stamp is affixed or attached or with which the official stamp is logically associated.
History: En. Sec. 13, Ch. 391, L. 2015; amd. Sec. 6, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-617. Stamping device

1-5-617. Stamping device.
(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 resignation from or the revocation or expiration of the notary public's commission or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing the stamping device against use in a manner that renders the stamping device unusable.
(b) On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render the stamping device unusable by destroying, defacing, damaging, erasing, or securing the stamping device against use in a manner that renders the stamping device unusable.
(3) The notary public or the notary public's personal representative or guardian shall promptly notify the secretary of state's office on discovering that the notary public's stamping device is lost, stolen, or otherwise inaccessible to the notary public.
History: En. Sec. 14, Ch. 391, L. 2015; amd. Sec. 7, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-620. Examination and education of notary public -- fee

1-5-620. Examination and education of notary public -- fee.
(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).
(2) The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants for a new or renewed commission. The course must cover the laws, rules, procedures, and ethics relevant to notarial acts.
(3) On and after July 1, 2020, in addition to passing the examination:
(a) for a new commission, the applicant must have completed within the previous 12 months at least 4 hours of notary public education approved by the secretary of state or by the commission of continuing legal education;
(b) to renew a commission, an applicant must have completed:
(i) within the previous 12 months, at least 4 hours of notary public continuing education approved by the secretary of state or by the commission of continuing legal education; or
(ii) in each of the previous 3 years, at least 2 hours of notary public continuing education approved by the secretary of state or by the commission of continuing legal education.
(4) The secretary of state shall collect fees commensurate with the cost incurred by the secretary of state's office for providing notary public education and examination.
History: En. Sec. 17, Ch. 391, L. 2015; amd. Sec. 10, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-621. Grounds to deny -- terms for refusing to renew, revoking, suspending, or conditioning notary public commissions

1-5-621. Grounds to deny -- terms for refusing to renew, revoking, suspending, or conditioning notary public commissions.
(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:
(a) failure to comply with the provisions of this part;
(b) a fraudulent, dishonest, or deceitful misstatement or omission in the application submitted to the secretary of state for a commission as a notary public;
(c) pending release from supervision, a conviction of the applicant or notary public of any felony or crime involving fraud, dishonesty, or deceit, although conviction of a criminal offense is not a complete bar to receiving a commission if the individual's full rights have been restored;
(d) admission by the applicant or notary public or a finding in any legal proceeding or disciplinary action of the applicant's or notary public's fraud, dishonesty, or deceit;
(e) failure by the notary public to discharge any duty required of a notary public, whether the provisions of this part, rules of the secretary of state, or any state or federal law;
(f) use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary does not have;
(g) violation by the notary public of a rule of the secretary of state regarding a notary public;
(h) denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; and
(i) failure of the notary public to maintain an assurance, as provided in 1-5-619.
(2) The secretary of state may require a notary public who has violated a provision of this part or a rule of the secretary of state implementing a provision of this part to complete a notary public education class approved by the secretary.
(3) A notary who is convicted of or pleads guilty or no contest to a felony crime involving fraud, dishonesty, or deceit shall notify the secretary of state within 30 days of the conviction or plea.
(4) If the secretary of state denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to contest the action in accordance with the Montana Administrative Procedure Act.
(5) The authority of the secretary of state to deny, refuse to renew, revoke, suspend, or impose conditions on a commission as a notary public does not prevent an individual from seeking and obtaining other criminal or civil remedies provided by law.
History: En. Sec. 18, Ch. 391, L. 2015; amd. Sec. 11, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-622. Authority and requirements to refuse to perform notarial act

1-5-622. Authority and requirements to refuse to perform notarial act.
(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 voluntarily.
(2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than as provided in this part.
(3) A notary public shall refuse a request that would require the notary to:
(a) use an electronic notarization system or a communication technology that the notary does not know how to operate; or
(b) use an electronic notarization system or communication technology that does not meet the requirements of this part or standards adopted by rule.
History: En. Sec. 19, Ch. 391, L. 2015; amd. Sec. 3, Ch. 275, L. 2017; amd. Sec. 12, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-623. Signature if principal unable to sign

1-5-623. Signature if principal unable to sign.
(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 individual) at the direction of (name of principal intending to execute the record)" or words with similar intent.
(2) A notary public shall record in the notary's journal the name and address of the individual who signs the record as well as the name and address of the principal unable to sign.
History: En. Sec. 20, Ch. 391, L. 2015; amd. Sec. 13, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-624. Validity of notarial acts

1-5-624. Validity of notarial acts.
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 a notarial act under this part does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this state, other than this part, or the laws of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
History: En. Sec. 21, Ch. 391, L. 2015; amd. Sec. 14, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-626. Fees for notarial acts -- collection of fees

1-5-626. Fees for notarial acts -- collection of fees.
(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 certification of fact; or
(g) performing another notarial act authorized by law, unless charging a fee for the act is expressly prohibited by that law.
(2) (a) Subject to subsections (2)(b) through (2)(d), a notary public may charge an additional fee, as provided by rule, to:
(i) perform a notarial act using an electronic notarization system or communication technology; or
(ii) travel to perform a notarial act.
(b) The notary public shall explain to the person requesting the notarial act that:
(i) the fee is in addition to a fee specified in subsection (1); and
(ii) the fee is an amount not determined by law.
(c) The person requesting the notarial act must agree in advance on the amount of the additional fee.
(d) A fee charged for travel must be equal to or less than the standard mileage rates allowed by the internal revenue service.
(3) A notary public may also charge a fee to recover the actual cost of providing a copy of a journal entry or audiovisual recording of a notarial act performed using communication technology.
(4) If a notary public charges fees under this section for performing notarial acts, the notary public shall display in English a list of the fees the notary public will charge.
(5) A notary public who is employed by a private entity may enter into an agreement with the entity under which fees collected by the notary public under this section are collected by and accrue to the entity.
(6) A public official may collect the fees described in this section for notarial acts performed in the course of employment by notaries public who are employed by the public body.
History: En. Sec. 23, Ch. 391, L. 2015; amd. Sec. 16, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-627. Database of notaries public

1-5-627. Database of notaries public.
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 will be performing notarial acts on electronic records; and
(3) that describes any active or pending administrative or disciplinary action against the notary public.
History: En. Sec. 24, Ch. 391, L. 2015; amd. Sec. 17, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-628. Rulemaking

1-5-628. Rulemaking.
(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 implementation or application of a specific system, technology, or technical specification.
(3) The rules may:
(a) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(b) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(c) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(d) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and ensuring the trustworthiness of an individual holding a commission as notary public;
(e) include provisions to prevent fraud or mistake in the performance of notarial acts;
(f) establish the process for approving and accepting surety bonds and other forms of assurance under 1-5-619; and
(g) provide for the administration of the examination under 1-5-620(1) and the course of study under 1-5-620(2).
(4) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, consistent with this part:
(a) the most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state;
(b) the standards, practices, and customs of other jurisdictions that substantially implement the provisions of this part; and
(c) the views of governmental officials and entities as well as other interested persons.
History: En. Sec. 25, Ch. 391, L. 2015; amd. Sec. 18, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-629. Authority and venue for notarial acts

1-5-629. Authority and venue for notarial acts.
(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 performed.
History: En. Sec. 19, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-630. Solemnization of marriage authorized

1-5-630. Solemnization of marriage authorized.
As provided in 40-1-301 and subject to rules adopted by the secretary of state, a notary public may solemnize a marriage.
History: En. Sec. 20, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-631. Evidence of authenticity of notarial act for record sent to foreign country

1-5-631. Evidence of authenticity of notarial act for record sent to foreign country.
(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 foreign country. The certificate must be in a form prescribed by the Hague Convention of October 5, 1961, or in a form approved by the United States department of state.
(2) A certificate of authority may not be issued for a record that is intended for use within the United States, including its territories, or by a federally recognized tribe.
(3) The secretary of state may refuse to issue a certificate of authority if the secretary of state has reason to believe that the record may be used within the United States, including its territories, or by a federally recognized tribe, or for any unlawful, fraudulent, or improper purpose.
History: En. Sec. 21, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 5. Proof and Acknowledgment of Instruments Notaries Public › Part 6. Notarial Acts › 1-5-632. Unlawful acts -- penalties

1-5-632. Unlawful acts -- penalties.
(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 certificate for use on a record other than the original record for which it was intended;
(c) knowingly destroy, deface, or conceal a notarial record;
(d) change, modify, correct, or in any other way amend a notarial certificate, except as provided in 1-5-609(5).
(2) A person convicted of an offense under this section is subject to a fine not to exceed $2,500, incarceration for a period not to exceed 1 year, or both, for each offense.
History: En. Sec. 22, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 6. Oaths › Part 1. General Provisions › 1-6-101. Officers who may administer oaths

1-6-101. Officers who may administer oaths.
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.
History: En. Sec. 360, p. 118, Bannack Stat.; re-en. Sec. 418, p. 219, L. 1867; re-en. Sec. 492, p. 135, Cod. Stat. 1871; amd. Sec. 671, p. 214, L. 1877; re-en. Sec. 671, 1st Div. Rev. Stat. 1879; re-en. Sec. 693, 1st Div. Comp. Stat. 1887; amd. Sec. 3430, C. Civ. Proc. 1895; re-en. Sec. 8049, Rev. C. 1907; re-en. Sec. 10693, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2093; re-en. Sec. 10693, R.C.M. 1935; R.C.M. 1947, 93-2401-1.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 6. Oaths › Part 1. General Provisions › 1-6-102. Form of ordinary oath

1-6-102. Form of ordinary oath.
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 between .... and ...., is the truth, the whole truth, and nothing but the truth, so help you God".
History: En. Sec. 3431, C. Civ. Proc. 1895; re-en. Sec. 8050, Rev. C. 1907; re-en. Sec. 10694, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2094; re-en. Sec. 10694, R.C.M. 1935; R.C.M. 1947, 93-2401-2; amd. Sec. 32, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 6. Oaths › Part 1. General Provisions › 1-6-103. Variation of oath to suit witness's belief

1-6-103. Variation of oath to suit witness's belief.
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.
History: En. Sec. 3432, C. Civ. Proc. 1895; re-en. Sec. 8051, Rev. C. 1907; re-en. Sec. 10695, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2095; re-en. Sec. 10695, R.C.M. 1935; R.C.M. 1947, 93-2401-3; amd. Sec. 9, Ch. 119, L. 1979.