1-5-609. Certificate of notarial acts, MCA

Montana Code Annotated 2017

TITLE 1. GENERAL LAWS AND DEFINITIONS

CHAPTER 5. PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS NOTARIES PUBLIC

Part 6. Notarial Acts

Certificate Of Notarial Acts

1-5-609. Certificate of notarial acts. (1) A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must:

(a) be executed contemporaneously with the performance of the notarial act;

(b) be signed and dated by the notarial officer. If the notarial officer is a notary public, the certificate must be signed in the same manner as on file with the secretary of state.

(c) identify the jurisdiction in which the notarial act is performed;

(d) contain the title of the office of the notarial officer; and

(e) if the notarial officer is a notary public, indicate the date of expiration, if any, of the notarial officer's commission.

(2) (a) If a notarial act regarding a tangible record is performed by:

(i) a notary public, the notary public shall affix an official stamp to or emboss on the certificate. The certificate must be part of or securely affixed to the record.

(ii) a notarial officer other than a notary public and the certificate contains the information specified in subsections (1)(b) through (1)(d), the notarial officer may affix to or emboss an official stamp on the certificate.

(b) If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (1)(b) through (1)(d), the certificate and official stamp must be attached to or logically associated with the record.

(3) A certificate of a notarial act is sufficient if the certificate meets the requirements of subsections (1) and (2) and this subsection and:

(a) is in the short form set forth in 1-5-610;

(b) is in a form otherwise permitted by the law of this state;

(c) is in a form permitted by the laws applicable in the jurisdiction in which the notarial act was performed; or

(d) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in 1-5-610, 1-5-616, and this section or of the laws of this state other than specified in this part.

(4) A notarial officer may subsequently correct any information included on or omitted from a certificate executed by that notarial officer. A change or correction may not be made to the impression of a notarial seal or the notarial stamp.

History: En. Sec. 9, Ch. 192, L. 1993; amd. Sec. 11, Ch. 161, L. 2001; amd. Sec. 9, Ch. 391, L. 2015.