1-5-626. Fees for notarial acts — collection of fees. (1) A notary public may charge a fee not to exceed $10 for each notarial act:

Terms Used In Montana Code 1-5-626

  • Acknowledgment: means a declaration by an individual appearing before a notarial officer that the individual has willingly signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed the record as the act of the individual or entity identified in the record. See Montana Code 1-5-602
  • Certification of fact: means a notarial act in which a notary reviews public or vital records or other legally accessible data to ascertain or confirm any of the following facts:

    (a)date of birth, death, marriage, or divorce, or that an individual is alive;

    (b)name of parent, marital partner, offspring, or sibling;

    (c)that an event has occurred; or

    (d)any matter authorized by law or rule of this state for certification by a notary public. See Montana Code 1-5-602

  • 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
  • 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
  • notary: means an individual commissioned to perform a notarial act by the secretary of state. See Montana Code 1-5-602
  • Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. 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
  • 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)performing an acknowledgment;

(b)witnessing a signature;

(c)executing a verification on oath or affirmation (jurat);

(d)certifying a transcript;

(e)certifying a copy;

(f)performing a certification of fact; or

(g)performing another notarial act authorized by law, unless charging a fee for the act is expressly prohibited by that law.

(2)(a) Subject to subsections (2)(b) through (2)(d), a notary public may charge an additional fee, as provided by rule, to:

(i)perform a notarial act using an electronic notarization system or communication technology; or

(ii)travel to perform a notarial act.

(b)The notary public shall explain to the person requesting the notarial act that:

(i)the fee is in addition to a fee specified in subsection (1); and

(ii)the fee is an amount not determined by law.

(c)The person requesting the notarial act must agree in advance on the amount of the additional fee.

(d)A fee charged for travel must be equal to or less than the standard mileage rates allowed by the internal revenue service.

(3)A notary public may also charge a fee to recover the actual cost of providing a copy of a journal entry or audiovisual recording of a notarial act performed using communication technology.

(4)If a notary public charges fees under this section for performing notarial acts, the notary public shall display in English a list of the fees the notary public will charge.

(5)A notary public who is employed by a private entity may enter into an agreement with the entity under which fees collected by the notary public under this section are collected by and accrue to the entity.

(6)A public official may collect the fees described in this section for notarial acts performed in the course of employment by notaries public who are employed by the public body.