2022 Montana Code Annotated
Title 1. General Laws and Definitions
Chapter 5. Proof and Acknowledgment of Instruments Notaries Public
Part 6. Notarial Acts
1-5-604. Notarial acts in this state -- authority to perform notarial act

1-5-604. Notarial acts in this state -- authority to perform notarial act. (1) A notarial act may be performed in this state by:

(a) a notary public of this state;

(b) a judge, clerk, or deputy clerk of any court of this state; or

(c) any other individual authorized to perform the specific act by the law of this state.

(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(3) A notarial officer may perform a notarial act authorized by this part or by a law of this state other than this part.

(4) The notarial acts of certifying or attesting a transcript of an affidavit or deposition and noting a protest of a negotiable instrument may be performed only by notarial officers who are knowledgeable of the applicable legal requirements.

(5) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the notarial officer to perform the notarial act.

History: En. Sec. 4, Ch. 192, L. 1993; amd. Sec. 4, Ch. 391, L. 2015.