1-5-622. Authority and requirements to refuse to perform notarial act. (1) A notarial officer shall refuse to perform a notarial act if the notarial officer is not satisfied that:
(a) the individual executing the record is competent or has the capacity to execute the record; or
(b) the individual executing the record is signing knowingly or voluntarily.
(2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than as provided in this part.
(3) A notary public shall refuse a request that would require the notary to:
(a) use an electronic notarization system or a communication technology that the notary does not know how to operate; or
(b) use an electronic notarization system or communication technology that does not meet the requirements of this part or standards adopted by rule.
History: En. Sec. 19, Ch. 391, L. 2015; amd. Sec. 3, Ch. 275, L. 2017; amd. Sec. 12, 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