New and Renewal Notary Bonds 

The new notary laws do have direct effects on bonding agents, but the Secretary of State’s Office is making every effort to minimize the impact on your workload. We do ask that you be aware of the new application forms for appointment and reappointment of notary commissions. Please have your clients use these forms only.

New applicants must complete a certified training course prior to applying for a notary commission. Before agreeing to write a bond for a person who does not have a current commission, we suggest you ask if they have taken the required training. If they have not, please refer them to this website. If they have, they will know to enter the required information about the course they completed on the new application form. We will verify the information. You do not have to send any additional documentation or proof of completion when submitting an application for a new appointment.

The main impact for your renewal clients will be that the timeframe for renewing – 30 days before the current commission expires and 30 days after – is more significant. If the required paperwork is not successfully submitted by the deadline, the applicant will be considered a “new appointment” and will be required to complete a training course prior to submitting their application.

One other note: Please advise your clients that they must wait until they receive their Certificates of Commission before ordering their new stamps.

Some Things to Know:  

• A Montana notary surety bond must be written in the amount of $10,000 for a period of four years.

• Montana does not have a specified form for notary surety bonds.

• Because Montana is a reciprocal state, the resident agent does not have to sign the surety bond.

• The original bond must be filed with the Montana Secretary of State’s Office within thirty days of the effective date of the bond, along with a completed application form and the $25 filing fee.

• The effective date of the bond will be used as the effective date of the notary’s commission; the expiration date of the bond will be the expiration date of the notary’s commission.

• The effective day and the expiration day of the bond should be the same, only the year would change, i.e., 01/01/2009 – 01/01/2013.
  
• When renewing a bond, you may use the same month and day for the new term, i.e., the old commission goes from 12/31/2004 to 12/31/2008, the new commission can start on 12/31/2008.
  
• The new commission cannot start before the old commission expires.
  
• If the bond form does not specify an effective date (or an expiration date), then the date the bond was issued will become the effective date by default.

• The principal’s name on the bond must be exactly the same as it appears on the application. Your client should be encouraged to file their name the way they normally make their signature. Montana law does not require that a notary’s commission be issued under the “full” or “legal” name: They must use a minimum of one initial and their last name.

• The principal’s signature on the bond must match the typed or printed name on the bond (which matches the name on the application form).

• If your bond form includes the residence or address of the principal, it must reflect the principal’s personal, physical residence, not the employer’s or work address, nor the principal’s mailing address if different from the physical address.

• We cannot accept handwritten corrections to the information on the bond; such changes require a rider, stipulation, or other form of amendment to the bond.

• If you are not 100% sure of the applicant’s current commission expiration date, or if you have any other questionsyou may contact us by calling (406) 444-5379 or emailing us at sosnotary@mt.gov.