Montana Code Annotated 2021



Part 6. Notarial Acts

Notarial Act Regarding Electronic Record -- Selection Of System -- Notification -- Training

1-5-615. Notarial act regarding electronic record -- selection of system -- notification -- training. (1) (a) A notarial officer may select one or more electronic notarization systems to perform notarial acts with respect to electronic records.

(b) A person may not require a notarial officer to perform a notarial act with respect to an electronic record with an electronic notarization system that the notarial officer has not selected.

(2) An electronic notarization system provider shall take reasonable steps to ensure that a notary public opting to use the provider's system has the knowledge to use it to perform electronic notarial acts in compliance with this part.

(3) Before a notary public performs the notary public's initial notarial act using an electronic notarization system or a communication technology, a notary public shall:

(a) notify the secretary of state that the notary public will be performing notarial acts using the electronic notarization system or the communication technology;

(b) identify the electronic notarization system or communication technology, or both, that the notary public intends to use. If the secretary of state has established by rule the standards for the system or technology, the system or technology must comply with the standards. If the system or technology complies with the standards, the secretary of state shall approve the use of the system or technology.

(c) complete a course of instruction approved by the secretary of state and pass an examination based on the course. The course must cover notarial rules, procedures, and ethical obligations pertaining to remote or electronic notarization under this part or pursuant to any other law or official guideline of this state. The course may be completed in conjunction with any course required by the secretary of state for a notary public commission. A notary shall submit proof to the secretary of state that the notary has successfully completed the course and examination.

History: En. Sec. 12, Ch. 391, L. 2015; amd. Sec. 5, Ch. 123, L. 2019.