1-5-622. Authority and requirements to refuse to perform notarial act. (1) A notarial officer shall refuse to perform a notarial act if the notarial officer is not satisfied that:

Terms Used In Montana Code 1-5-622

  • Communication technology: means a real-time, two-way audiovisual electronic device or process that:

    (a)allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;

    (b)facilitates communication with a remotely located individual with a vision, hearing, or speech impairment when necessary under and consistent with applicable law; and

    (c)complies with this part and implementing rules. See Montana Code 1-5-602

  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 1-5-602
  • Electronic notarization system: means a set of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations that renders every electronic notarial act tamper-evident through the use of a security procedure and that meets the requirements of this part and implementing rules. See Montana Code 1-5-602
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • 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
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 1-5-602

(a)the individual executing the record is competent or has the capacity to execute the record; or

(b)the individual executing the record is signing knowingly or voluntarily.

(2)A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than as provided in this part.

(3)A notary public shall refuse a request that would require the notary to:

(a)use an electronic notarization system or a communication technology that the notary does not know how to operate; or

(b)use an electronic notarization system or communication technology that does not meet the requirements of this part or standards adopted by rule.