Montana Code 1-5-604. Notarial acts in this state — authority to perform notarial act
1-5-604. Notarial acts in this state — authority to perform notarial act. (1) A notarial act may be performed in this state by:
Terms Used In Montana Code 1-5-604
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Montana Code 1-5-602
- Notarial officer: means a notary public or other individual authorized to perform notarial acts. See Montana Code 1-5-602
- notary: means an individual commissioned to perform a notarial act by the secretary of state. See Montana Code 1-5-602
- Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Montana Code 1-5-602
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 1-5-602
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(a)a notary public of this state;
(b)a judge, clerk, or deputy clerk of any court of this state; or
(c)any other individual authorized to perform the specific act by the law of this state.
(2)The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3)A notarial officer may perform a notarial act authorized by this part or by a law of this state other than this part.
(4)The notarial acts of certifying or attesting a transcript of an affidavit or deposition and noting a protest of a negotiable instrument may be performed only by notarial officers who are knowledgeable of the applicable legal requirements.
(5)The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the notarial officer to perform the notarial act.