Montana Code 1-5-628. Rulemaking
1-5-628. Rulemaking. (1) The secretary of state may adopt rules to implement this part.
Terms Used In Montana Code 1-5-628
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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
- 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
(2)Rules adopted regarding the performance of notarial acts with respect to electronic records, electronic notarization systems, or communication technology may not require or accord legal status or effect to the implementation or application of a specific system, technology, or technical specification.
(3)The rules may:
(a)prescribe the manner of performing notarial acts regarding tangible and electronic records;
(b)include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(c)include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(d)prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and ensuring the trustworthiness of an individual holding a commission as notary public;
(e)include provisions to prevent fraud or mistake in the performance of notarial acts;
(f)establish the process for approving and accepting surety bonds and other forms of assurance under 1-5-619; and
(g)provide for the administration of the examination under 1-5-620(1) and the course of study under 1-5-620(2).
(4)In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, consistent with this part:
(a)the most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state;
(b)the standards, practices, and customs of other jurisdictions that substantially implement the provisions of this part; and
(c)the views of governmental officials and entities as well as other interested persons.