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In-Person Paper Notarizations

Am I required by law to maintain a notary journal in Montana?

Yes, a notary public in the State of Montana must maintain a notary journal.

 

“A notary public shall maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs” (MCA 1-5-618[2][a]).

Journal format

Paper/tangible or electronic journal acceptable

 

“A journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records” (MCA 1-5-618[2][b]).

Journal entry requirements

  • (a) the date and time of the notarial act;

  • (b) a description of the record, including the date of the record if indicated, and the type of notarial act;

  • (c) the full name and address of each principal;

  • (d) the signature of each principal, except (i) transcripts of depositions and certified copies do not require the signature of the individual for whom the notarial act is performed; and (ii) if the notarial act is performed using communication technology, the journal record must reference the storage location of the audio-video recording in lieu of the signature of the principal;

  • (e) if the identity of the principal is based on personal knowledge, a statement to that effect;

  • (f) if the identity of the principal is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance or expiration of any identification credential;

  • (g) if the notarial act is performed using an electronic notarization system or communication technology, or both, a notation identifying the system or technology, or both; and

  • (h) the fee, if any, charged by the notary public 

  • (MCA 1-5-618[3]).

Journal retention

Indefinitely while commissioned

 

“(1) A notary public must retain the notary’s journal(s) at all times while holding an active commission unless the notary has satisfied the requirements set forth by (a).

  • (a) A notary who transmits control of the notary’s journal(s) to the notary’s employer shall complete the form prescribed by the Secretary of State and signed by the notary and the notary’s employer indicating: “(i) the physical location where the journal(s) will be kept; “(ii) the name, phone number, and email of the employer or the custodian of the records; and “(iii) the notary’s authorization for the designated custodian to release the records inaccordance with 1-5-618(6), MCA, and the custodian’s agreement to accept the responsibility and conditions."

(ACM 44.15.110).

What happens to the journal upon resignation or death?

  • “(2) When a notary voluntarily resigns or chooses not to renew a commission, the notary may choose to transmit the notary’s journal(s) to an approved repository by submitting the form prescribed by the Secretary of State and signed by the notary indicating: (a) the physical location where the journal(s) will be kept; (b) the name, phone number, and email of the proposed custodian of the records; and (c) the notary’s authorization for the designated custodian to release the records in accordance with 1-5-618(6), MCA, and the custodian’s agreement to accept the responsibility and conditions” (ACM 44.15.110).

  • “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the notary public’s journal or audio-visual recordings shall transmit all journals and recordings to a repository approved by the secretary of state” (MCA 1-5-618[10]).

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Montana?

Yes, notaries in the State of Montana are authorized to perform remote online notarizations

Do I have to record the Remote Online Notarization session?

Yes

“All remote and remote online notarizations shall be recorded electronically” (ARM 44.15.108[3]).

What is the retention period for RON recordings?

10 years

  • “(d)(i) Except as provided in subsection [MCA 1-5-618] subsection (1)(d)(ii), a notarial officer shall retain an audio-visual recording for 10 years from the date of the recording. 

  • (ii) A current or former notarial officer may transmit the audio-visual recording to a repository approved by the secretary of state” (MCA 1-5-618[1][d]).

Do I have to log RON sessions in a journal?

Yes, Montana law requires the notary to log the RON session in their journal

Journal format

Paper/tangible or electronic notary journal acceptable. See requirements for in-person notarizations

Journal entry requirements

  • The requirements are similar to those for tangible/in-person notarizations with a few exceptions highlighted in bold below

  • (a) the date and time of the notarial act;

  • (b) a description of the record, including the date of the record if indicated, and the type of notarial act;

  • (c) the full name and address of each principal;

  • (d) the signature of each principal, except (i) transcripts of depositions and certified copies do not require the signature of the individual for whom the notarial act is performed; and (ii) if the notarial act is performed using communication technology, the journal record must reference the storage location of the audio-video recording in lieu of the signature of the principal;

  • (e) if the identity of the principal is based on personal knowledge, a statement to that effect;

  • (f) if the identity of the principal is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance or expiration of any identification credential;

  • (g) if the notarial act is performed using an electronic notarization system or communication technology, or both, a notation identifying the system or technology, or both; and

  • (h) the fee, if any, charged by the notary public (MCA 1-5-618[3]).

Notary recitation

“All recordings of remote and remote notarizations shall include a recitation by the notary public that includes the following:

  • (a) the notary public’s name; “(b) the notary public’s commission expiration date;

  • (c) a declaration that all individuals participating in the remote notarization have been informed by the notary public that the notarization will be electronically recorded;

  • (d) the date and time the notarial act is being performed;

  • (e) the state and county in which the notary public is located when the notarial act is being performed;

  • (f) the type of notarial act that is being performed; “(g) the type or title of record that is being notarized;

  • (h) whether the notarial act is being performed on a tangible or electronic record;

  • (i) how the individual for whom the notarial act has been identified; and

  • (j) if a record is being executed, an acknowledgement that the person for whom the notarial act is being performed has the competency or capacity to execute the record” (ARM 44.15.108[5]).

Signer recitation

  1. “All recordings of remote notarizations shall include a recitation by the individual for whom the notarial act is being performed that includes the following:

  2. (a) the individual’s name;

  3. (b) where the individual legally resides;

  4. (c) a declaration that the signature made on the record being notarized is that of the individual;

  5. (d) the date the individual signed the record being notarized;

  6. (e) a declaration that the signature made on the record being notarized was made by the individual knowingly or voluntarily; and

  7. (f) if the individual is located outside of the United States at the time of the remote notarization, a declaration that the individual is unaware of any legal conflicts that prohibit the individual’s participation in a remote notarization” (ARM 44.15.108[6]).

RON recordings & journal upon death

  • “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the notary public’s journal or audio-visual recordings shall transmit all journals and recordings to a repository approved by the secretary of state” (MCA 1-5-618[10]).

  • “Upon revocation of a notary public’s commission, the notary shall transmit the notary’s journal and audio-visual recordings to a repository approved by the secretary of state” (MCA 1-5-618[11]).

Reference Links

Helpful resources for Montana Notaries

  1. Montana Notary Handbook

  2. Montana Secretary of State

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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