Montana Frequently Asked Questions

Our FAQs cover a large range of topics asked by our Montana customers. If you can't find the answer to your question, please contact our Customer Care Team.

 

What is a notary?

A notary public is a public official commissioned by the Secretary of State to perform certain functions, or "notarial acts." A notary serves as an impartial witness to the execution of documents, helping to deter fraud and promote the integrity of document transactions.

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What is the purpose of a notary public?

A notary public is a person of integrity who is commissioned to act as an impartial witness to the signing of an important transaction and to perform a notarial act. A notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer.

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What is a notary bond?

The notary bond is a type of surety bond issued by an approved surety company to protect the public against any wrongdoing on the part of the notary. The surety company guarantees to the public that you, as a notary public, will perform your duties in accordance with the law, and if you do not, the company will pay any damages caused by the incorrect notarization up to the amount of the bond. The notary will have to pay the bond back and cover any losses in excess of the bond amount.

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What amount of bond is required in Montana?

The law requires the notary bond to be in the amount of $25,000.

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Do I have any liability as a notary, and can how I limit it?

Yes, as a notary, you are liable for performing your duties accurately. Mistakes can lead to significant consequences, such as someone losing their property or a multimillion-dollar transaction being voided. If this happens, a court might hold you responsible for the loss and issue a judgment against you. Most bond companies require reimbursement if they pay a claim on your behalf, and you would be liable for any amount not covered by your bond.

To limit your liability:

• Know and follow Montana notary laws.
• Take responsibility for your own notary education.
• Stay informed about changes in the law.
• Never make exceptions for anyone.
• Use reasonable care and common sense in performing your duties.
• Carry errors and omissions insurance.
• Keep a record book.

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I'm already a notary, how can I obtain an E&O policy?

Even though you didn't get E&O insurance when you became a notary or renew your commission, you can still get coverage now. We offer prorated E&O policies, which means you can pay for the remaining time you have left on your commission. Just head over to the 'Insurance' tab to browse options and find the policy that best suits your needs.

Here's an example: Let's say you renewed your commission today without E&O insurance. A year later, you decide you would be more comfortable with insurance and want a $25,000 policy. In this case, you would be purchasing a policy for the remaining three years of your commission. Thus, the policy would be prorated.

Note: A renewing notary is not eligible for a prorated policy at the time of their renewal, simply because they are purchasing a full E&O policy to cover them for their entire four-year term.

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Am I required to keep a record of my notarial acts (record book)?

Yes. All notaries in Montana are required by law to maintain one or more journals (record book) in which all tangible and electronic notarial acts are recorded. The journals may be either a permanent, bound paper journal designed to deter fraud or a permanent, tamper-evident electronic journal.

Each journal entry must include:

• the date and time of the notarization;
• the type of notarial act;
• a description of the document (usually the document date and type);
• the type of identification used;
• the signature, printed name, and address of the person for whom the notarial act was performed;
  • signatures are not required for certified copies or remotely notarized documents
• and the fee (if any) charged for the notarization

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What are the requirements to become a notary in Montana?

To become a notary in Montana, you must:

• Be at least 18 years old
• Be a citizen or a legal permanent resident of the United States
• Be a resident or have a place of employment or practice in Montana, or be the spouse or legal dependent of an active duty military personnel stationed in Montana
• Be able to read and write English
• Be eligible to receive a commission pursuant to Montana Code Annotated §1-5-621
• Pass the Secretary of State's online exam

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What disqualifies you from becoming a notary in Montana?

In Montana, several factors can disqualify an individual from becoming a notary or lead to the denial, non-renewal, revocation, suspension, or conditional approval of a notary public commission. These factors include:

• a fraudulent, dishonest, or deceitful misstatement or omission in the application submitted to the secretary of state for a commission as a notary public;
• pending release from supervision, a conviction of the applicant or notary public of any felony or crime involving fraud, dishonesty, or deceit, although conviction of a criminal offense is not a complete bar to receiving a commission if the individual's full rights have been restored;
• admission by the applicant or notary public or a finding in any legal proceeding or disciplinary action of the applicant's or notary public's fraud, dishonesty, or deceit;
• failure by the notary public to discharge any duty required of a notary public, whether the provisions of this part, rules of the secretary of state, or any state or federal law;
• use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary does not have;
• violation by the notary public of a rule of the secretary of state regarding a notary public;
• denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; and
• failure of the notary public to maintain an assurance, as provided in 1-5-619.

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Can a non-resident become a notary in Montana?

Yes, if they are have a place of employment or practice in Montana, or be the spouse or legal dependent of an active duty military personnel stationed in Montana

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How do I become a Montana Notary Public? 

Notary Public Underwriters makes applying to become a Montana Notary Public easy! Simply go to our Become a Notary page and follow the instructions to complete our online application process.

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How do I renew my Montana notary commission? 

Simply go to our Renew Commission Page and follow the instructions to renew your notary commission.

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How long does a notary commission last in Montana?

4 years.

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How do I pay for my order?

We accept Visa, MasterCard, American Express, and Discover credit cards. We also accept check and money orders by mail.

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When can I expect to receive my order?

Generally, your order will arrive within 5 to 7 business days after we receive confirmation of your appointment. However, please allow up to 12 business days to account for any potential carrier delays.

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What should I do if my order has not shown up on time?

Please contact Notary Public Underwriters of Montana.

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May I cancel or change my order?

This will depend on how far along your order is in the process. Orders are processed as quickly as possible; therefore, once your order has been marked as "shipped" on your account page, it is too late to modify or cancel the order. If you think you have made a mistake with your order, please contact customer service. We will see if there is something we can do to help.

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Can I get a refund? 

Please contact our Customer Care Team if you are not happy with your order. Once we know what the problem is, we will let you know how we can help.

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Do I need a notary seal in Montana?

Yes. The law requires all notaries in Montana to use an ink stamp that creates a rectangular impression approximately 1” by 2 ½” in size, that contains, within a plain, narrow border, a seal, and the additional statutorily mandated information: the notary’s printed name; the title, “Notary Public for the State of Montana”; the words, “Residing at” with the name of the city or town and state where the notary lives; and the notary’s commission expiration date, shown as Month/Day/Four Digit Year. The stamp may be either blue or black ink only.  

Notary Public Underwriters offers quality notary seals and supplies that are complaint with Montana law. Click here to view our array of supplies.

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What do I do if my seal is lost or stolen? 

If your seal is lost, stolen or otherwise inaccessible, you must notify the Secretary of State immediately. 

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What do I do if my record book (notary journal) is lost or stolen? 

If your record book (notary journal) is lost, stolen or otherwise inaccessible, you must notify the Secretary of State immediately. 

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Do I have to notify the state if I change my name or address? 

Yes. You must notify the Secretary of State within 30 calendar days of any change in name, physical or mailing address, personal email address, telephone number, and any change in employment information. To do so, Visit the Secretary of State's Notary Online Portal and select "Login" in the upper right corner. If you do not have an account, you will need to create one. Once logged in, select "Update/Renew/Resign Your Notary Commission"  Follow the steps to enter your changed information. A name change also requires that you obtain a rider from your bonding company and submit that with the update form.

Don't forget to notify Notary Public Underwriters, so we can stay in touch with you.

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What does it mean to “notarize a signature”? 

“Notarize a signature” is a generic phrase used when administering an oath or taking an acknowledgment, the two most common notarial acts.

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What notarial acts am I authorized to perform? 

Under Montana notary law [Title 1, Chapter 5, Part 6, Montana Code Annotated], notaries are allowed to:

• Take acknowledgments in an individual capacity
• Witness signatures in an individual capacity
• Taking acknowledgments in a representative capacity
• Witnessing signatures in representative capacity
• Verification upon oath or affirmation (Jurat)
• Administering oaths
• Certifying copies of certain private, tangible, or electronic records
• Certifying a fact or event
• Certification of life
• Certification of a photograph
• Certifying transcripts of depositions or affidavits
• Making protests of negotiable instruments.

There are also other notarial acts that appear in other sections of the Montana Code Annotated, but they are very rarely used, and notaries should be extremely cautious of performing a notarial act with which the notary is unfamiliar.

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What is the venue? 

“State of Montana, County of _____”

This notation is called the venue. It is the location of the notarization – not the county where you live or work.   

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May I notarize my own signature? 

No. Notarizing your own signature violates 1-5-625 of Montana notary law.

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May I perform a notarization when I am a party? 

No. If you are a party to the transaction or if you have a direct benefit by a transaction, you may NOT be the notary for this transaction.

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Can I perform a notarization for a family member?

In Montana, it is generally acceptable for a notary public to notarize the signature of a spouse or other relative as long as the notary is not personally named in the document being signed or would be a direct beneficiary of the transaction contemplated by the document. The Secretary of State’s office cautions that notaries should seriously consider the potential conflicts that may arise over documents which transfer property or rights (titles, deeds, wills, powers of attorney, etc.) among family members. 

However, it is best practice not to notarize for any family members as you would compromise your role as an impartial witness and may jeopardize the validity of an important transaction.

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May I assist a client with legal documents? 

No, not unless you are an attorney licensed to practice law in Montana. Furthermore, you may not explain the contents of a document or give any advice about the document. If you do, you may be found guilty of the unauthorized practice of law.

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May I help a friend fill out immigration papers?

No. Only attorneys or qualified immigration specialists may perform these duties.

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May I choose a notarial certificate to go on a document?

No, you do not have the legal rights to do so. If done, this could be considered an unauthorized practice of law.

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May I help a friend draft a legal document? 

No. Only attorneys may prepare legal documents.

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What happens if a notarization has cost me money? 

You may file a claim against the notary's bond.

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How do I file a claim against a notary's bond? 

A bond is required by the State to be available in order to compensate any individual harmed as a result of a breach of duty by the notary. Individuals harmed can file a claim against the notary's bond for financial damage.

Claims may occur due to signatures which are forged, incomplete, or otherwise defective in real estate transactions, motor vehicle transfers, and cases where the validity or date of a document may be an issue.

In order to file a claim against a notary bonded through our company, you will need to submit the following:

• Copy of the improperly notarized document
• Proof of error or fraud by notary
• Letter stating the amount of financial damage or loss caused by the notarization

Please send the above information to:

Claims Department
Notary Public Underwriters of Montana
P.O. Box 7457
Tallahassee, FL 32314-7457

Or fax to:
888-979-7063
Attn: Claims Department

For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.

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Who do I contact to check on the status of a claim?

For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.

 

 

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