Notary Handbook - the Montana Secretary of State Website

CHAPTER 3 – THE PROCESS
There are certain formalities that must be observed in order to obtain a notary commission from the State of
Montana. It is the objective of the Notary & Certifications Division of the Secretary of State’s office to make the
process of applying for a new or renewal commission as easy as possible; however, there are specific statutory
requirements that must be met. On this and the following pages, you will find detailed information on how to
become a notary, how to renew your commission, how to change your name on your commission, and when and
how to notify the office of other changes that the law requires. You will also find the forms that should accompany
your requests and notifications. The information in this chapter is current as of the date of this edition of the
handbook; however you should check the website www.sos.mt.gov/Notary for the most accurate and up-to-date
information and requirements.
The basic process for obtaining a commission involves these five steps:
1. Complete a certified training class if required
2. Obtain a notary surety bond
3. Complete the appropriate application, statement and oath and have it notarized
4. Make out a check for $25 for the filing fee
5. Send the application, the original bond, and the filing fee to the Secretary of State’s office
WARNING: “The devil is in the details!” Carefully read and follow the full instructions for the specific process that
you are pursuing. There are statutory time constraints and other mandates that apply depending on the
circumstances. Failure to follow the directions correctly will result in delays, frustration, and unnecessary expense.
Some important things to note about the notary application process:
You do not have to use your full legal name for the commission – We can accept an
application that uses at least one initial and your surname, or an application using your
nickname, as long as you can prove your identity to the notary who notarizes your
application, statement and oath of office. The important thing is that you be consistent:
The name on the bond, on the application, and the signatures on those documents must
be exactly the same.
There are statutory time guidelines that must be followed:
o
o
All requests for commissions (new and renewal) must be filed within 30 days of the
effective date of the bond if one is shown on the bond. (Some bonding companies
leave the effective date blank, so there is usually no time limit on those bonds.)
Requests for reappointment cannot be made more than thirty days before the
expiration date of the current commission. If you send your renewal paperwork in
too early, it will be returned. If you send it in too late, you will be required to
complete the requirements for a new commission, including completion of a
certified training class, before you can resubmit the documents for processing
You must send the application, the bond and the filing fee together. (State employees
whose filing fee is paid for by their department must arrange for an IUJ to be issued before
submitting the documents to the Secretary of State’s office.)
The notary is solely responsible for submitting the required documents for requesting a
commission or for updating contact information during the term of office.
If you have any questions about any of these processes, feel free to contact the Notary and Certifications Division of
the Secretary of State’s office.
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