Montana Code Annotated
Part 6. Notarial Acts
1-5-628. Rulemaking

1-5-628. Rulemaking. (1) The secretary of state may adopt rules to implement this part.
(2) Rules adopted regarding the performance of notarial acts with respect to electronic records, electronic notarization systems, or communication technology may not require or accord legal status or effect to the implementation or application of a specific system, technology, or technical specification.
(3) The rules may:
(a) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(b) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(c) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(d) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and ensuring the trustworthiness of an individual holding a commission as notary public;
(e) include provisions to prevent fraud or mistake in the performance of notarial acts;
(f) establish the process for approving and accepting surety bonds and other forms of assurance under 1-5-619; and
(g) provide for the administration of the examination under 1-5-620(1) and the course of study under 1-5-620(2).
(4) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, consistent with this part:
(a) the most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state;
(b) the standards, practices, and customs of other jurisdictions that substantially implement the provisions of this part; and
(c) the views of governmental officials and entities as well as other interested persons.
History: En. Sec. 25, Ch. 391, L. 2015; amd. Sec. 18, Ch. 123, L. 2019.