Montana - New Record Law, New Seal Law, New Case Law

What does Senate Bill 299 accomplish in a nutshell? Senate Bill 299 establishes an education requirement for new and certain renewing Montana Notaries. The new law requires all Notaries to keep an official journal of notarial acts. The new law also requires use of an inking seal alone as the official seal. It shortens the residency requirement for commission applicants from 1 year to 30 days.

When does the new law take effect? All provisions of the new law, except the mandatory education and commissioning changes in Section 2 of the Act, take effect on October 1, 2009. The mandatory education and commissioning changes in Section 2 of the Act take effect July 1, 2010.

Journal

What is the new journal requirement? Effective October 1, 2009, every Notary must keep and maintain a written record of each notarial act in an official Notary journal.

What information about a notarial act must be recorded in the journal? For each notarization, the date, type of act, type of document, document date, name, address and signature of each signer, type of identification relied upon by the Notary to identify the signer and any other information prescribed by the Secretary of State must be recorded in the journal.

What do I do with my journal when I am no longer a Notary? The new law requires Notaries to transfer all journals kept during their career as a Notary to the office of the county clerk in county of residence in a timely manner if the Notary resigns the commission, is not reappointed to a new term or is removed from office. In the case of death, the Notary's personal personal representative must transfer the journals to the county clerk.

What happens if I do not transfer my journals to the county clerk when I am no longer a Notary? The new law says that a Notary's knowing failure to transfer journals to the county clerk can result in liability to any person injured by the failure.

Notary Signature and Seal

Do I still have to use an official Notary seal? Yes, a Montana Notary must authenticate all official acts with an official seal.

What type of seal must I use? Notaries commissioned or re-commissioned on or after October 1, 2009 may no longer use an embossing crimper -type seal; they must now use an inking stamp type seal.

What information must be included in my new seal? Senate Bill 299 repealed a prior law that listed the informational elements that must appear in the Notary's official seal and left it to the Secretary of State to officially prescribe the information that must appear in the seal. Check http://sos.mt.gov/Notary/index.asp for information and rules for Notary seals.

What does Senate Bill 299 require with respect to how a Notary signs an official signature? The new law requires a Notary to sign all official acts with the name appearing on the Notary's official commission in blue or black ink only.

Mandatory Education

Who must take a mandatory educational course?
Course must be taken by:
(1) First-time commission applicants,
(2) Renewing Notaries against whom a complaint has been filed during the current term of commissioning, and
(3) Renewing Notaries, if the Secretary of State has received evidence of improperly notarized documents performed by the Notary.

I am applying for reappointment as a Notary and I haven't taken an educational course before. Must I take the mandatory educational course? No, unless a complaint has been filed against you during your current term of commissioning or the Secretary of State has received evidence that you have improperly notarized documents.

Can I take any educational course to satisfy the educational course requirement? No, you must take a course or training program that has been certified by the Secretary of State.

House Bill 1326

Do I have to be a Montana resident to apply for a Montana Notary commission? Yes, for at least 30 days immediately preceding appointment or reappointment and you must continue to reside in Montana for the duration of the commission. The old law required residence for 1 year immediately preceding appointment.

Are there any additional qualifications I must meet to be appointed or reappointed as a Notary? You must not be a convicted felon at the time of appointment or reappointment.