Montana Code 70-21-203. Acknowledgment of instruments required — exceptions
70-21-203. Acknowledgment of instruments required — exceptions. Unless an instrument belongs to a class provided for in either 70-21-205 or 70-21-207, before the instrument can be recorded, its execution must be acknowledged as provided in subsection (1) or proved as provided in subsection (2).
Terms Used In Montana Code 70-21-203
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Subscribing witness: means a person who sees a writing executed or hears it acknowledged and at the request of the party signs the person's name as a witness. See Montana Code 1-1-203
(1)Execution of the instrument must be acknowledged, as acknowledgment is defined in 1-5-602:
(a)by the person executing it; or
(b)if executed by a corporation, by its president, vice president, secretary, or assistant secretary or by any other person duly authorized by resolution by the corporation to act on behalf of the corporation.
(2)Execution of the instrument must be proved by a subscribing witness or as provided in 1-5-302 and 1-5-303. Proof of execution as provided for in this subsection must be notarized as provided in Title 1, chapter 5.