Clickable Image

     1-5-615. Notification regarding performance of notarial act on electronic record -- selection of technology. (1) (a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records.
     (b) A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
     (2) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall:
     (a) notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records; and
     (b) identify the technology the notary public intends to use. If the secretary of state has established by rule the standards for the technology used by the notary public, the technology must comply with the standards. If the technology complies with the standards, the secretary of state shall approve the use of the technology.
     (3) A notary public in this state may perform acknowledgments or verifications on oath or affirmation by means of a real-time, two-way audio-video communication, according to the rules and standards established by the secretary of state, if:
     (a) the signer is personally known to the notary or identified by a credible witness and, except for a transaction described in subsection (3)(b)(iv), is a legal resident of this state; and
     (b) the transaction:
     (i) involves real property located in this state;
     (ii) involves personal property titled in this state;
     (iii) is under the jurisdiction of any court in this state; or
     (iv) is pursuant to a proxy marriage under 40-1-213 or 40-1-301.

     History: En. Sec. 12, Ch. 391, L. 2015.

Previous Section MCA Contents Part Contents Search Help Next Section