Montana Notary Law Update

Senate Bill 299

Description:
Senate Bill 299 establishes both a journal and an education requirement for Montana Notaries. It requires that all first-time applicants for a Notary commission, and all existing Notaries seeking reappointment against whom a complaint has been filed or evidence of improperly notarized documents has been submitted to the Secretary of State, take a training course. The new law also requires all Notaries with a commission expiration date of October 1, 2013 or later use an inking seal alone as the official seal. It shortens the residency requirement for commission applicants from 1 year to 30 days. (Journal requirement takes effect October 1, 2009. Education and residency requirements take effect July 1, 2010).

Effective: October 1, 2009

Signed: April 18, 2009

Affects:
Amends Sections 1-5-401, 1-5-402, 1-5-416, 1-5-419 and 1-5-610 of the Montana Code Annotated

Changes:
1. Stipulates that a Notary must keep an official journal for all notarial acts performed.
2. Requires an applicant for appointment as a Notary to complete a training program certified by the Secretary of State.
3. Requires a Notary seeking reappointment to a new commission to complete a training program certified by the Secretary of State if a complaint has been filed against the Notary during the current term of commission or the
Secretary of State receives evidence of improperly notarized documents by the Notary.
4. Reduces the length of time an applicant for appointment or reappointment as a Notary must be a state resident from 1 year to 30 days preceding appointment or reappointment.
5. No longer permits Notaries with a commission expiration date of October 1, 2013 or later to use an embosser as an official seal and requires that an inking seal be used instead.

Analysis:
Senate Bill 299 is a significant new law which requires all applicants for a first-time Notary commission, and all existing Notaries seeking reappointment against whom a complaint has been filed, or evidence of improperly notarized documents has been submitted to the Secretary of State, to take a training course certified by the Secretary. In addition, SB 299 mandates that all Notaries keep an official journal of notarial acts. Other provisions of the new law include a change requiring use of an inking stamp alone as an official seal; clarifications about the reappointment process, requirements for transferring journal records, and destroying the official seal at the end of a commission and upon resignation, or removal from office or the Notary's death.