Changes in Notary Laws

Senate Bill 299 was passed into law by both houses of the Montana Legislature and signed by Governor Brian Schweitzer on April 18, 2009. There are several changes to the notary laws as a result.

Effective October 1, 2009:

• All Montana notaries are required to “keep and maintain an official notary journal recording the details of each notarial act performed, including the date, the type of notarial act, the type of document, the date of the document, the name, address, and signature of the individual for whom the notarization was performed, the type of identification used, and any other information prescribed by the secretary of state.” 1-5-416(1)(g), MCA
  
  
• The use of a crimper type seal is no longer allowed for notaries who receive a new or renewal commission. Currently commissioned notaries who use a crimper may continue to use the crimper only until the end of their current term. 1-5-416(1)(d), MCA
  
  
• All new and renewing notaries must use an ink seal and stamp as prescribed by the Secretary of State. Other seal and stamp designs may be used only until the end of a notary’s current term. 1-5-416(1)(d), MCA
  
  Proposed new notary seal/stamp:
  
  
  
  
• The notary’s official signature must be in blue or black ink. 1-5-416(1)(e), MCA
  
  
• Upon resignation or removal from office, a notary (or in the event of the notary’s death, the legal representative) must transfer the notary’s journal to the office of the Clerk & Recorder in the county in which the notary resided. 1-5-419(1)(a), MCA
  
  
• Upon resignation or removal from office, a notary (or in the event of the notary’s death, the legal representative) must destroy the notary’s official seal. 1-5-419(1)(b), MCA
  
  
• Knowing failure to transfer the journal or to destroy the seal makes the offending person liable for damages caused by the offense. 1-5-419(2), MCA

Effective July 1, 2010:

• All persons applying for appointment to a new* commission must satisfactorily complete a training program certified by the Secretary of State. 1-5-402(1), MCA
  
  
• Only those persons applying for reappointment as a notary, who have been notified by the Secretary of State’s Office of evidence of improper notarization, must satisfactorily complete a training program certified by the Secretary of State. 1-5-402(2), MCA
  
  
• The residency requirement for becoming a notary will be 30 days instead of one year. 1-5-402(3), MCA

* A commission is considered new if the person has never held a notary commission in the state of Montana prior to making application or if a previous commission was not renewed within thirty days after the expiration of the previous commission as allowed by 1-5-405, MCA.