Frequently Asked Questions
1. Can I notarize my spouse’s or other family member’s signature?
A. Yes – as long as you are not named in, or a direct beneficiary of, the document being signed. MCA 1-5-416(2)(b)
2. I just got married/divorced – how do I change my name on my commission?
A. Start by contacting your insurance agent and requesting a “name change rider”. Once the rider is sent to you, you need to sign it using your new signature and send it to:
Montana Secretary of State
PO Box 202801
Helena MT 59620
A certificate reflecting the name change will be sent to you and you can then replace your official Notarial Seal. MCA 1-5-409(2)
3. Do I have to notify the state if I move or change jobs?
A. Yes. Please send your updated information to: Montana Secretary of State, PO Box 202801, Helena MT 59620, so that the records reflect your current residence and business information, including addresses and phone numbers. MCA 1 -5-409(1)
4. If I am notarizing a signature on a document that has a preprinted notarial block do I use that or do I have to use a format as shown on the Short Forms?
A. A correct notarial block in Montana must contain all 9 elements as listed on the back cover of this handbook. If the pre-printed form does not have one or more of the required elements, you should add it/them to the document, even if the placement may be slightly different from the suggested form. [MCA 1-5 – 609(1)]
5. How do I renew my commission?
A. The current instructions for applying for or renewing a commission can be found Updating Your Personal Information; however, there may be changes in the process from time to time. You are encouraged to visit the website www.sos.mt.gov/Notary to check out the most current requirements.
6. My employer paid for my bond and filing fee when I became a notary, but I don’t work there anymore. Do I have to get a new bond?
A. A notary commission is issued to the individual, not to the employer, so your commission is not dependent upon your continued employment at the same place. Generally, a bond cannot be cancelled by the employer, but you should verify the status with the surety company which issued it. If the Secretary of State’s office is notified that a bond has been cancelled, every effort will be made to notify the notary immediately.
7. I recently notarized a signature on a document and the County Clerk & Recorder’s Office sent it back because I put my expiration date as “12/05” – why?
A. Montana statute specifically requires the notary to enter his/her commission expiration date showing the month, the day, and four digit year. If not shown that way, the notarial block is not correct, and the Clerk & Recorder may refuse to accept the document as a “recordable instrument.” MCA 1-5-416(1)(e)
8. I am moving out of state – or wish to resign my commission – what do I do with my seal?
A. When terminating a commission for any reason, a notary must deposit all his/her notarial records with the County Clerk & Recorder in the county in which he/she resides. MCA 1-5-419 It is recommended that you destroy your seal.
9. What can a notary public do?
A. A Montana notary public is empowered to: Take acknowledgements and give a certificate of the same; take depositions and affidavits, if the notary is knowledgeable of the applicable legal requirements, and administer oaths and affirmations as allowed by statute; make and give certified copies of any record that was issued by or filed in the notary’s place of employment; provide and keep and official seal; and authenticate all official acts with the official seal. MCA 1-5-416
10. Should I keep a journal?
A. Montana law does not require that Montana notaries keep a journal of their notarial acts. However it is a strong recommendation of the Office of the Secretary of State that they do so. A journal is a record of the notarial acts performed and can be vital in protecting the notary from possible liability. The journal should be a bound book to prevent the loss of pages, and the notary should record the following information for each transaction:
- Date and time of the notarial act;
- Nature or type of notarial act;
- Description of the document;
- Signature, printed name and address of each person for whom a notarial act is performed;
- Method by which the person’s identity was determined;
- Fee charged, if any; and
- Place where the notarial act was performed.
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11. Can I notarize something when I am in another county in Montana or in another state?
A. A person receiving a commission as a Montana notary has jurisdiction to perform notarial acts and official duties in every county in Montana, regardless of the notary’s place of residence. MCA 1-5-415 Montana is one of the few states that does have a policy of reciprocity with neighboring states that also recognize that authority. At this time only Wyoming and North Dakota allow a Montana notary to perform a notarial act while in those states. MCA 1-5-605
12. Can I notarize something when I didn’t actually see the person sign the document?
A. You can take the person’s acknowledgment that he was the one who signed the document (See Short Form #2); however, the person must appear before you to swear that he is the signer and you must still verify his identity. This cannot be done by phone, fax, or comparison of signatures – ever.
13. What liabilities does a notary assume?
A. A Montana notary public assumes all liability for any and all damages caused by the notary’s official misconduct or negligence. MCA 1-5-406 It is important to understand that the surety bond which notaries are required to obtain and submit to the State does not protect the notary in the event that a claim is made against them. You should consider purchasing “Errors and Omissions Insurance” to provide this protection.
14. What kind of documents may I notarize?
A. Technically, you do not notarize a document. You notarize signatures, acknowledgments, oaths, affirmations, attestations, or verifications. This is a very important distinction that you as a notary should understand completely before performing any notarial acts.
15. What is a “Signing Agent”?
A. A “Signing Agent” is a notary public who specializes in the process of obtaining and notarizing the signatures of the party(ies) involved on real estate loan documents for the purpose of closing a real estate loan transaction. Montana statutes do not specifically reference this term.
16. I use an embosser-type seal which makes the impression 7/8ths of an inch from the edge of the paper. Since Montana statutes require the margins for publicly recorded standard documents to be 1 inch or more, how do I comply with these standards?
A. By slightly folding over the edge of the paper you can then get the embosser beyond the 1 inch margin.
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