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The Right Way to Notarize

Always keep in mind that if you have questions regarding your duties as a notary, you should seek professional legal advice.

Montana Code Annotated (MCA), 1-5-610, MCA, requires a Montana notary public to complete a full notarial block each and every time a notarial act is performed, even when the form does not ask for all the information.

The following are the steps that must be completed each and every time:

1. The venue. This is the state and county in which the notarial act was performed. This is not always the state and county in which the notary resides or works.

2. The date the notarial act was performed. This may not always be the same date that the document was completed and/or signed.

3. A written description of what type of notarial act the notary performed. The notary may need to refer to 1-5-610, MCA, or pages 9 - 11 in the Montana Notary Public Handbook, to help with the wording and format.

4. The notary's official signature, not a facsimile of their signature. The official name on the Notarial Seal and the notary's official signature must correspond with the notary's commissioned name on file with the Office of the Secretary of State.

5. The notary must type, stamp or print their official name legibly after their official signature. This is in addition to their official name contained in their notarial seal. The notary's name should appear three times in every notarial block.

6. Title of the official who is performing the notarial act. If a commissioned notary it would be "Notary Public for the State of Montana." If not a commissioned notary, it would be their official title that gives them the authority to notarize documents in and for the State of Montana.

7. The words "residing at" and the notary's city/town of residence. This should not be where the notary works or where the notarial act is being performed.

8. The notary must also endorse the instrument with their current commission expiration date using month, day & full four digit year. The notary should make sure they are using the expiration date referenced on their certificate of commission.

9. The notary must affix their official "Notarial Seal." A commissioned notary's official seal must bear the their name, exactly as it appears on their Certificate of Commission, the words "Notarial Seal" or "Notary Public," and "State of Montana." If not a commissioned notary then the official seal would be that of the office that gives the notary the authority to notarize in and for the State of Montana.

Our office provides each Montana notary public with a handbook for their reference. This handbook contains the MCA as it pertains to Montana notaries public, including examples of short form notarial blocks and other information pertinent to the responsibilities, duties and requirements applicable to Montana notaries.

SAMPLE NOTARIAL BLOCK:

State of: Montana

County of: County in which notarial act is being performed

Signed and sworn to before me this ______ day of Month, 20___ ; by name of person(s) appearing before the notary public.

Signature of notary public

Typed, stamped or printed name of notary

Notary Public for the State of Montana

 (SEAL)                Residing at: Town of residence, not employment

My commission expires: Month day, & four digit year

For other examples see MCA 1-5-610 or the publication, "Montana Notary Public Handbook."

The handbook is in the Adobe .pdf format. You can download the free Adobe Acrobat Reader to use it.

Notary Training Schedule

What Is a Notary Public? | Powers of a Notary | How to Become a Notary
Ways to Notarize | Correct Certifications | Notary Fees | Resources

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