Montana Code Annotated 2021



Part 6. Notarial Acts

Fees For Notarial Acts -- Collection Of Fees

1-5-626. Fees for notarial acts -- collection of fees. (1) A notary public may charge a fee not to exceed $10 for each notarial act:

(a) performing an acknowledgment;

(b) witnessing a signature;

(c) executing a verification on oath or affirmation (jurat);

(d) certifying a transcript;

(e) certifying a copy;

(f) performing a certification of fact; or

(g) performing another notarial act authorized by law, unless charging a fee for the act is expressly prohibited by that law.

(2) (a) Subject to subsections (2)(b) through (2)(d), a notary public may charge an additional fee, as provided by rule, to:

(i) perform a notarial act using an electronic notarization system or communication technology; or

(ii) travel to perform a notarial act.

(b) The notary public shall explain to the person requesting the notarial act that:

(i) the fee is in addition to a fee specified in subsection (1); and

(ii) the fee is an amount not determined by law.

(c) The person requesting the notarial act must agree in advance on the amount of the additional fee.

(d) A fee charged for travel must be equal to or less than the standard mileage rates allowed by the internal revenue service.

(3) A notary public may also charge a fee to recover the actual cost of providing a copy of a journal entry or audiovisual recording of a notarial act performed using communication technology.

(4) If a notary public charges fees under this section for performing notarial acts, the notary public shall display in English a list of the fees the notary public will charge.

(5) A notary public who is employed by a private entity may enter into an agreement with the entity under which fees collected by the notary public under this section are collected by and accrue to the entity.

(6) A public official may collect the fees described in this section for notarial acts performed in the course of employment by notaries public who are employed by the public body.

History: En. Sec. 23, Ch. 391, L. 2015; amd. Sec. 16, Ch. 123, L. 2019.