1-5-617. Stamping device. (1) A notary public is the sole owner of the notary public's stamping device and is responsible for the security of the notary public's stamping device and may not allow another individual to use the stamping device to perform a notarial act or for any other reason.
(2) (a) On resignation from or the revocation or expiration of the notary public's commission or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing the stamping device against use in a manner that renders the stamping device unusable.
(b) On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render the stamping device unusable by destroying, defacing, damaging, erasing, or securing the stamping device against use in a manner that renders the stamping device unusable.
(3) The notary public or the notary public's personal representative or guardian shall promptly notify the secretary of state's office on discovering that the notary public's stamping device is lost, stolen, or otherwise inaccessible to the notary public.
History: En. Sec. 14, Ch. 391, L. 2015; amd. Sec. 7, Ch. 123, L. 2019.
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