1-5-604. Notarial acts in this state -- authority to perform notarial act. (1) A notarial act may be performed in this state by:
(a) a notary public of this state;
(b) a judge, clerk, or deputy clerk of any court of this state; or
(c) any other individual authorized to perform the specific act by the law of this state.
(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) A notarial officer may perform a notarial act authorized by this part or by a law of this state other than this part.
(4) The notarial acts of certifying or attesting a transcript of an affidavit or deposition and noting a protest of a negotiable instrument may be performed only by notarial officers who are knowledgeable of the applicable legal requirements.
(5) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the notarial officer to perform the notarial act.
History: En. Sec. 4, Ch. 192, L. 1993; amd. Sec. 4, Ch. 391, L. 2015.
Structure Montana Code Annotated
Title 1. General Laws and Definitions
Chapter 5. Proof and Acknowledgment of Instruments Notaries Public
1-5-604. Notarial acts in this state -- authority to perform notarial act
1-5-605. Notarial act in another state -- reciprocity -- notary public authority
1-5-606. Notarial acts under authority of federally recognized Indian tribes
1-5-607. Notarial acts under federal authority
1-5-608. Foreign notarial acts
1-5-609. Certificate of notarial acts
1-5-611. Uniformity of application and construction
1-5-612. through 1-5-614 reserved
1-5-615. Notarial act regarding electronic record -- selection of system -- notification -- training
1-5-616. Official signature and stamp
1-5-618. Audiovisual recordings -- notary public journal -- security and retention
1-5-619. Notary public qualifications -- commission -- renewals
1-5-620. Examination and education of notary public -- fee
1-5-622. Authority and requirements to refuse to perform notarial act
1-5-623. Signature if principal unable to sign
1-5-624. Validity of notarial acts
1-5-625. Prohibited acts -- advertising requirements
1-5-626. Fees for notarial acts -- collection of fees
1-5-627. Database of notaries public
1-5-629. Authority and venue for notarial acts
1-5-630. Solemnization of marriage authorized
1-5-631. Evidence of authenticity of notarial act for record sent to foreign country