Montana Code Annotated 2013

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     1-5-602. Definitions. As used in this part, the following definitions apply:
     (1) "Acknowledgment" means a declaration by a person that the person has executed an instrument for the purposes stated in the instrument and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified in the instrument.
     (2) "In a representative capacity" means:
     (a) for and on behalf of a corporation, partnership, trust, or other entity as an authorized officer, agent, partner, trustee, or other representative;
     (b) as a public officer, personal representative, guardian, or other representative in the capacity recited in the instrument;
     (c) as an attorney in fact for a principal; or
     (d) in any other capacity as an authorized representative of another.
     (3) "Notarial act" means any act that a notary public of this state is authorized to perform and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
     (4) "Notarial officer" means a notary public or other officer authorized to perform notarial acts.
     (5) "Verification upon oath or affirmation" means a declaration that a statement is true made by a person upon oath or affirmation.

     History: En. Sec. 2, Ch. 192, L. 1993.

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