1-5-623. Signature if principal unable to sign. (1) If a principal intending to execute a record is physically unable to sign a record, the principal may direct an individual other than the notarial officer to sign the principal’s name on the record. The notarial officer shall insert “Signature affixed by (name of the other individual) at the direction of (name of principal intending to execute the record)” or words with similar intent.

Terms Used In Montana Code 1-5-623

  • 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
  • Principal: means :

    (a)an individual whose signature is notarized; or

    (b)an individual taking an oath or affirmation from the notary public but not in the capacity of a credible or other witness for the notarial act. 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
  • Sign: means , with present intent to authenticate or adopt a record:

    (a)to execute or adopt a tangible symbol; or

    (b)to attach to or logically associate with the record an electronic symbol, sound, or process. See Montana Code 1-5-602

(2)A notary public shall record in the notary’s journal the name and address of the individual who signs the record as well as the name and address of the principal unable to sign.