Notary Terms
Acknowledgment: A notarial act which requires the person who has already signed a document to personally appear before the notary and swear (acknowledge) that he/she willingly signed the document for the purposes for which it was intended. The notary does not have to actually see the person sign the document, but does have to actually witness the person affirm the signature.
Affirmation: An oral promise, on one’s personal honor, that the information given is true and accurate to the best of the signer’s knowledge. Also known as an oath.
Affidavit: A written statement, signed before a notary, in which the person swears to the notary that the statement is true.
Apostille: A certificate of notarial authority issued by the Secretary of State. It certifies that the notarial block is completed according to Montana statutes and that the notary was commissioned and in good standing at the time the notarization was performed. This type of certification is required for documents to be used in foreign countries which are signatory to The Hague Convention of October 5, 1961.
Attorney-in-fact: A person (not necessarily a lawyer) who is given written authority to sign and/or act on behalf of another individual (the principal), normally through a document called a power of attorney.
Attest: To confirm (usually in writing) that a document is genuine.
Authentication: A certificate of notarial authority issued by the Secretary of State. It certifies that the notarial block is completed according to Montana statutes and that the notary was commissioned and in good standing at the time the notarization was performed. This type of certification is required for documents to be used in foreign countries which do not require an Apostille.
Certificate: 1. The official document issued by the Secretary of State granting a Notary Commission; 2. The notarial block, containing the requisite information that constitutes a notarization. (see Notarial Block below).
Certified Copy: An exact, complete and unaltered copy of a document, signed as a true copy of the original. Montana notaries cannot certify copies of public documents unless the original was issued by or is maintained in the office in which the notary works. See page 6 for further information.
Coercion: Forced or compelled into doing something, through fear, intimidation, and/or threats. A notary should refuse to notarize a signature or acknowledgment unless all parties are willingly involved.
Competence: The ability to understand. A notary should be comfortable that all parties understand what they are signing or affirming.
Credible Witness: Someone who is personally known to the notary who can swear to the identity of a person requesting a notarization who is not known to the notary and cannot produce proper identification.
Deposition: A written statement used in legal matters that is transcribed from oral testimony given under oath or affirmation and is usually signed by the person giving the oath or affirmation.
Forgery: False signature, written document or other creation made to imitate the true signature, document, or creation, with the intent to defraud.
Jurat: Notarial act that certifies having witnessed the signing of a document and administered an oath or affirmation, in which the signer declares the document to be truthful and accurate. See page 5 for further clarification.
L.S.: Abbreviation of the Latin term locus sigilli meaning “place of seal”. Traditionally used to indicate where the official seal is to be imprinted or stamped.
Medallion Signature Guarantee: A verification/guarantee of signatures on stocks and bond transactions that can only be done by a security broker or dealer participating in a medallion program. A Medallion Signature Guarantee cannot be performed by a Montana notary public unless he/she has also been approved by the Securities Transfer Association, Inc.
Notarial Acts: The official duties and responsibilities performed by a notary public whose function is to administer oaths; to take acknowledgments; to witness or attest signatures; to certify or attest copies; and to note a protest of a negotiable instrument, by affixing a complete notarial certificate including the notary’s official signature and seal, in order to give them credit and authenticity.
Notarial Block/Certificate: The written acts of a notary. The statutory requirements for a proper notarial block in Montana are:
- The venue (state and county where the notarial act is being performed.)
- The date the notarization took place.
- The declaration describing the type of notarial act performed.
- The notary’s original/official signature.
- The notary’s official name clearly typed, stamped or printed (under the signature and in addition to the notary’s name in the seal).
- The notary’s title, “Notary Public for the State of Montana”.
- Residing at (the city or town where the notary lives).
- Commission expiration date (Month / Day / Four-digit Year).
- The notary’s official seal.
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Notary Public: A public ministerial officer, also an agent of the state, commissioned by the Secretary of State to serve the public as an impartial party to a document, to deter fraud, with duties specified by law.
Notarial Seal: The official seal of the notary. In Montana the seal may be either an embosser (crimper) or an ink-type. However, it must contain the following elements:
- The notary’s name exactly as it appears on his/her certificate of commission.
- The words “Notarial Seal” or “Notary Public”.
- The words “State of Montana”.
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Negligence: Failure to use reasonable care that would be expected of any other person in a similar situation.
Oath: A statement of truth, either written or verbal, given under penalty of perjury.
Perjury: Making of false statement under oath. Generally punishable by fine and/or imprisonment.
Reasonable Care: The use of ordinary prudence and intelligence exercised in similar circumstances. Failure to use reasonable care is negligence.
SS or SCT: Abbreviation of the Latin word scilicet, meaning “in particular” or “namely.” Traditionally included to the right of the venue in a notarial block.
Signature Guarantee: See Medallion Signature Guarantee above.
Subscribe: To sign.
Swear: To take an oath.
Venue: The location (state and county) where a notarization was performed. This is a requirement in a notarial block in the state of Montana.
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