Montana Code Annotated 2023

TITLE 1. GENERAL LAWS AND DEFINITIONS

CHAPTER 5. PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS NOTARIES PUBLIC

Part 6. Notarial Acts

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.