How to Become a Notary in Montana

How do I renew my notary commission in Montana?

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Montana notaries may renew their notary commissions no more than thirty days before or thirty days after the expiration date of their current commission. The reappointment process is the same as the initial appointment process. Renewing notaries can take two hours of training in each of the last three years of their term or four hours in the twelve months before they renew.

Click here to start the notary renewal application process in Montana.

Who appoints notaries in Montana?

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The Montana Secretary of State appoints Montana notaries public, processes all applications for appointment and reappointment, issues notary public commissions, and maintains records relating to notaries.

Montana Secretary of State
Notary & Certifications Division
P.O. Box 202801
Helena, MT 59620-2801
Phone: (406)444-1877
Email: sosnotary@mt.gov

Can a non-resident of Montana apply for a commission as a notary public?

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Yes. A nonresident may apply for a Montana notary public commission if the nonresident applicant meets one of the following:

1. Maintains a place of business in Montana that is registered pursuant to Title 35 and meets any applicable business licensing requirements of the local government where the business is located.
2. Is regularly employed at an office, business, or facility located in Montana by an employer registered and licensed to do business in Montana.
3. Is a spouse or legal dependent of military personnel assigned to active duty in Montana.
4. Holds a current professional license to practice the profession in Montana issued by an appropriate Montana authority.

How long is a notary public's commission term in Montana?

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The term of office of a Montana notary public is four years.

Is notary training or an exam required to become a notary or to renew a notary commission in Montana?

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Yes. All new notary applicants seeking appointment as notaries public in Montana are required to successfully complete an approved four-hour notary education training within the previous twelve months and pass a notary exam administered by the secretary of state.

Renewing notaries are required to successfully complete one of the following:

• at least four hours of an approved notary public continuing education within the previous twelve months; or
• at least two hours of an approved notary public continuing education course in each of the previous three years.

In addition, all new and renewing notary applicants must score an 80% or higher on the exam administered by the secretary of state at no cost. Notary applicants will be blocked for three months if they fail the exam three times. A notary application for appointment or reappointment must be submitted within six months of passing the examination.

How much does it cost to become a notary public in Montana?

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The cost to become a notary in Montana includes:

1. A $25 filing fee to process an application for appointment or reappointment.
2. A four-year, $25,000 surety bond. Click here to view our Montana notary bond price.
3. The fee to register for an approved Montana notary course.
4. A notary seal. Click here to view our notary seal prices.
5. A notary journal. Click here to view our notary journal prices.
6. An errors and omissions insurance policy (optional) to protect yourself if you are sued for unintentional mistakes or if a false claim is filed against you. Click here to view our notary E&O policy premiums and coverage amounts. 

Do I need a notary errors and omissions (E&O) insurance policy to become a notary in Montana?

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A notary errors and omissions (E&O) insurance policy is not required to become a Montana notary public or to renew your notary commission. However, the American Association of Notaries strongly recommends that every Montana notary obtain a notary E&O insurance policy. This insurance protects you from a claim if a client sues you as a notary. A notary E&O policy covers unintentional notarial mistakes and pays for legal fees and damages based on the coverage you select as a Montana notary public.

Do I need a notary bond to become a notary in Montana?

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Yes. All Montana notary applicants are required to maintain a four-year, $25,000 notary bond for the duration of their notary term. The notary application must be submitted within thirty days of the effective date of the surety bond. The notary bond protects the public from notary’s errors. If a member of the public files a claim against a notary’s bond, the bonding company is very likely to sue the notary to recoup the funds it paid on the notary’s behalf. A notary bond does not protect notaries from mistakes they make. This is why notary errors and omissions insurance (commonly known as “E&O” or “E&O insurance”) is vital.

Click here to order your Montana notary bond from the American Association of Notaries.

Do I need to order a notary stamp in Montana?

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Montana law requires all notaries to affix an official stamp on tangible and electronic records to authenticate all notarial acts performed.

The official stamp of a notary public, whether the impression is on a tangible or electronic record, must:

1. Be rectangular in shape and approximately 1” x 2 ½” in size.
2. Be in blue or black ink.
3. Have a circular seal to the left that includes the words "notarial seal," the words "State of Montana," and the notary public's name as it appears on the notary public's certificate of commission.
4. Have a plain rectangular border enclosing the text and seal.
5. Have a block of text to the right of the seal that includes:

• The notary public's printed name as it appears on the notary public's certificate of commission.
• The words "Notary Public for the State of Montana."
• The words "Residing at" immediately followed by the name of the city or town and state where the notary public lives.
• The words "My Commission Expires" immediately followed by the notary public's commission expiration date, expressed in terms of the month (spelled out), day, and four-digit year.

Important:

• It is not acceptable to have a blank line to handwrite any part of the commission expiration date.
• If any of the information contained in the stamp changes during the notary’s term of office, the stamp must be replaced. Handwritten corrections to the impression are not allowed.
• The official notarial stamp must be able to be reproduced in any legibly reproducible manner and be capable of being copied together with the record to which it is affixed or attached or with which it is logically association.

 

The American Association of Notaries offers quality notary stamps and seals at savings of up to 40% or more compared to the same products elsewhere. Click here to order your Montana notary stamp, complete notary package, and other notary supplies.

What are the steps to replace a lost or stolen Montana notary seal?

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If your notary stamp is lost or stolen you must promptly notify the secretary of state’s office The report can be filed online by logging in to your account and filing an amendment on the secretary of state’s website.

How much can a Montana notary public charge for performing notarial acts?

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The maximum allowable fees that a Montana notary public can charge for notarial acts are listed below:

• Performing an acknowledgment - $10
• Witnessing a signature - $10
• Executing verification on oath or affirmation (jurat) - $10
• Certifying a transcript - $10
• Certifying a copy - $10
• Performing a certification of fact - $10

Note: A notary public may charge an additional fee in accordance with MCA §1-5-626(2):

• For traveling to perform a notarial act.
• For performing a notarial act using an electronic notarization system or communications technology.
• To recover the cost of providing a journal entry or audiovisual recording (ARM 44.15.109).

Notaries who charge for notarial work must publish their fee schedules in English.

Is a notary journal required in Montana?

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Notary Journal requirements for each type of notarization in Montana: 

For traditional notarizations, in-person electronic notarizations (IPENs), remote online notarizations (RONs) and remote notarizations (RIN) – Montana notaries are required to maintain one or more journals in which all notarial acts are recorded, whether those notarial acts are performed regarding tangible or electronic records. The journal may be either a permanent, bound paper journal designated to deter fraud or a permanent, tamper-evident electronic journal that complies with the rules adopted by the Montana Secretary of State.

A notary journal (also known as a record book, log book, or register book) is your first line of defense in proving your innocence if a notarial act you performed is questioned or if you are requested to testify in a court of law about a notarial act you performed in the past. A properly recorded notarial act creates a paper trail that will help investigators locate and prosecute signers who have committed forgery or fraud. Properly recorded notarial acts provide evidence that you followed your state laws and notary’s best practices. 

 

The American Association of Notaries offers notary journals in tangible and electronic formats.

Click here to purchase a tangible notary journal.

Click here to become a member and access our electronic notary journal.

What information must Montana notaries record in their notary journals?

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Montana requires notaries to chronicle the following information in their notary journals when performing traditional notarizations, in-person electronic notarizations (IPENs), remote online notarizations (RONs), and remote notarizations:

1. The date and time of the notarial act.
2. A description of the record, including the date of the record if indicated and the type of notarial act.
3. The full name and address of each principal.
4. The signature of each principal. Exceptions:
   • Transcripts of depositions and certified copies do not require the signature of the individual for whom the notarial act is performed.
   • If the notarial act is performed using communication technology, the journal record must reference the storage location of the audiovisual recording in lieu of the signature of the principal.
5. If the identity of the principal is based on personal knowledge, a statement to that effect.
6. If the identity of the principal is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance or expiration of any identification credential.
7. If the notarial act is performed using an electronic notarization system or communication technology, or both, a notation identifying the system or technology, or both.
8. The fee, if any, charged by the notary public.

The above requirements apply to both tangible and electronic notary journals.

What steps should I take if my Montana notary journal is lost or stolen?

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If your Montana notary journal is lost or stolen, you must promptly notify the secretary of state.

How long should I retain my Montana notary journal?

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Montana notaries should retain their notary journals for ten years after the performance of the last notarial act chronicled. A former notary public may transmit the journal to a repository approved by the secretary of state.

Where can I perform notarial acts in Montana?

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Montana notaries have jurisdiction to perform their official duties in every county in Montana, not just the county in which they live or work. In some cases, a Montana notary public may perform a traditional notarial act on a tangible document when the notary is physically in either of two adjoining states—North Dakota or Wyoming. Even when performing a notarization in either North Dakota or Wyoming, a Montana notary must always follow the laws and rules of Montana. The statutes that allow this practice are dependent on both Montana and the reciprocal state. Questions about any restrictions or special requirements must be discussed with the appropriate secretary of state’s office.

What notarial acts can a Montana notary public perform?

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A Montana notary public is authorized to perform the following notarial acts:

• Taking acknowledgements in an individual capacity.
• Witnessing signatures in an individual capacity.
• Taking acknowledgments in a representative capacity.
• Witnessing signatures in a representative capacity.
• Verification upon oath or affirmation (jurat).
• Administering oats.
• 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.

Note:

• The 2022 Montana Notary Handbook states, “The notarial acts of certifying or attesting a transcript of an affidavit or deposition and making a protest of a negotiable instrument may be performed only by notaries who are knowledgeable of the applicable associated legal requirements and have received appropriate training.”
• A notary public may solemnize a marriage as provided in 40-1-301 and subject to rules adopted by the secretary of state.

What kind of notarizations are allowed in Montana?

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Montana law allows the following four types of notarizations:

Traditional notarization – This type of notarization requires the signer and the notary to meet physically in the same room within face-to-face proximity of one another. Traditional notarization involves an individual signing a tangible document with an inked pen and a notary public signing and affixing an inked notary stamp impression to the tangible notarial certificate.

In-Person Electronic notarization (IPEN) – This type of notarization requires the signer and the notary to meet physically in the same room within face-to-face proximity of one another. However, the notarization is performed on an electronic document using electronic signatures, an electronic notary seal, and an electronic notarial certificate.

Remote Online notarization (R.O.N.) – The signer appears remotely before a notary via audio-video communication technology. The notarization is performed on an electronic document using electronic signatures, an electronic notary seal, and an electronic notarial certificate.

Remote notarization (acknowledgments) - The signer appears before a notary via audio-video communication technology. This type of notarization requires the signer and the notarial officer to send the document to each other and for the electronic notary public to use a physical stamp to notarize the document without the aid of an electronic seal or electronic signature.

What are the steps to register to perform electronic notarizations in Montana?

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Montana notaries who wish to perform in-person electronic notarizations must:

1. Hold an existing notary commission.
2. Select one or more electronic notarization system(s) or communication technologies. Click here to view a list of approved notary technology providers.
3. Complete an approved course of instruction and pass the examination provided by the technology provider(s) or an approved third-party provider.
4. Submit proof of completion of the course and examination in the form of an amendment to your commission by logging in to your account in the Montana Secretary of State’s Online Filing portal.

For more information on how to register to perform electronic notarizations in Montana, visit the Montana Secretary of State’s website.

What are the steps to register to perform remote online notarizations in Montana?

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Montana notaries who wish to perform remote online notarizations must:

1. Hold an existing notary commission.
2. Select one or more electronic notarization system(s) or communication technologies. Click here to view a list of approved notary technology providers.
3. Complete an approved course of instruction and pass the examination provided by the technology provider(s) or an approved third-party provider.
4. Submit proof of completion of the course and examination in the form of an amendment to your commission by logging in to your account in the Montana Secretary of State’s Online Filing portal.

For more information on how to register to perform remote online notarizations in Montana, visit the Montana Secretary of State’s website.

What are the steps to register to perform remote notarizations in Montana?

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Montana notaries who wish to perform remote notarizations must:

1. Hold an existing notary commission.
2. Select one or more electronic notarization system(s) or communication technologies. Click here to view a list of approved notary technology providers.
3. Complete an approved course of instruction and pass the examination provided by the technology provider(s) or an approved third-party provider.
4. Submit proof of completion of the course and examination in the form of an amendment to your commission by logging in to your account in the Montana Secretary of State’s Online Filing portal.

For more information on how to register to perform remote notarizations in Montana visit the Montana Secretary of State’s website.

How do I update my address on my Montana notary commission?

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Montana law requires notaries to report any changes to their address within thirty days of the change. To report a change, a Montana notary must login into the Notary Online Portal and select “File an Amendment.”

How do I change my name on my notary commission in Montana?

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Montana law requires notaries to report any changes to their names within thirty days of the change. To report a name change, a notary must follow the steps below:

1. Obtain a bond rider from your bonding company.
2. Report the change online by login into the Notary Online Portal and selecting “File an Amendment.”
3. Purchase a new seal once you have received an amended certificate of commission.  

Revised:

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January 2024