AnalysisWe are seeing a trend to dispense with the notarization requirements for documents submitted electronically to secretary of state offices as House Bill 140 now authorizes. Previously, more than one state has relaxed the notarization requirements for the electronic filing of corporation documents. In the present case, a declaration of nomination – an elections document – must currently be acknowledged before a Notary Public or officer authorized to take acknowledgments. Presumably, the notarization requirement is abolished because the Montana Secretary of State does not believe Notaries are capable of performing electronic notarizations, or because of some mistaken belief that an electronic process can ascertain identity satisfactorily. The NNA’s position is that if there is a reason to require notarization of a paper document, the same document submitted electronically should also require notarization.
Read House Bill 140.