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MT Emergency Rule (2020)

Rule/Regulation

State: Montana

Effective: April 09, 2020

Summary

The Montana Secretary of State has issued an emergency rule related to the format of electronic seals for remote online notarizations.

Affects

Adds an as yet uncodified section to the Administrative Rules of Montana.

Changes
  1. Clarifies that the electronic image of the official stamp of a Notary authorized to perform remote or remote online notarizations may be different in size, format, content, or border design as long as it is reasonably consistent with the official Notary stamp requirements of the Administrative Rules of Montana Section 44.15.107 and the Secretary of State's office has been notified of the discrepancy.
Analysis

Section 44.15.107 of the Administrative Rules of Montana requires an official Notary seal to be rectangular in shape with approximate dimensions of 1" x 2.5" inches. The seal must have a border and specific information included in it.

The notice of temporary emergency rulemaking described the pressing need for the Montana Secretary of State's temporary emergency rule on the format of electronic Notary seals. Quoting the notice, "The Secretary of State is adopting the following emergency rule because of the sudden and unexpected need for remote online notarizations (RON) due to the COVID-19 crisis. Unprecedented demand has been placed on the approved providers of RON platforms to onboard qualified Montana notary applicants for technology-based notarial services as quickly as possible. Montana has unique requirements for the electronic notary seal/stamp that impose significant developmental time on the part of the platform providers. This will significantly delay the ability of the RON notary applicants to begin offering remote notary services to the people of Montana."

This rule will be in force for as long as Governor Bullock's Executive Order 2-2020 is in force. Executive Order 3-2020 extended the duration of the state of emergency to run concurrently with President Donald Trump's national State of Emergency Order.

Read the emergency rule.

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