2021 Montana Code Annotated
Title 1. General Laws and Definitions
Chapter 5. Proof and Acknowledgment of Instruments Notaries Public
Part 6. Notarial Acts
1-5-622. Authority and requirements to refuse to perform notarial act
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.
