Notary Handbook - the Montana Secretary of State Website

REVIEW OF THE RECENT CHANGES IN NOTARY LAWS
Senate Bill 299 was passed into law by both houses of the Montana Legislature and signed by Governor Brian
Schweitzer on April 18, 2009. There were several changes to the notary laws as a result. No changes to Montana
notary law were enacted in 2011. In 2013 the legislature amended the law to instruct notaries to turn their journals
into the secretary of state’s office when they cease being a notary.
Effective October 1, 2009:
All Montana notaries are required to “keep and maintain an official notary journal recording the details of
each notarial act performed, including the date, the type of notarial act, the type of document, the date of
the document, the name, address, and signature of the individual for whom the notarization was
performed, the type of identification used, and any other information prescribed by the secretary of state.”
[1-5-416(1)(g), MCA]
The use of a crimper type seal is no longer valid for a notary whose commission expires on or after October
1, 2013. [1-5-416(1)(d), MCA]
The notary’s official signature must be in blue or black ink. [1-5-416(1)(e), MCA]
Upon resignation or removal from office, a notary (or in the event of the notary’s death, the legal
representative) must transfer the notary’s journal to the office of the clerk & recorder in the county in
which the notary resided. [1-5-419(1)(a), MCA] *** See below – this was amended in 2013.
Upon resignation or removal from office, a notary (or in the event of the notary’s death, the legal
representative) must destroy the notary’s official seal. [1-5-419(1)(b), MCA]
Knowing failure to transfer the journal or to destroy the seal makes the offending person liable for damages
caused by the offense. [1-5-419(2), MCA]
Effective July 1, 2010:
All persons applying for appointment to a new * commission must satisfactorily complete a training program
certified by the Secretary of State. [1-5-402(1), MCA]
Those persons applying for reappointment as a notary who have been notified by the Secretary of State’s
office that, due to evidence of improper notarization, also must satisfactorily complete a training program
certified by the Secretary of State. [1-5-402(2), MCA]
The residency requirement for becoming a notary will be 30 days instead of one year. [1-5-402(3), MCA]
Effective October 1, 2013:
Upon resignation or removal from office the notary or the notary’s personal representative must transfer
the notary’s journal to the secretary of state’s office. [1-5-419(1)(a), MCA]
The transition period for implementation of the new seal/stamp is over. All notaries must use the new
seal/stamp as described on page 9. [1-5-416(1)(d), MCA]
* A commission is considered new if the person has never held a notary commission in the state of Montana prior to making
application or if a previous commission was not renewed within thirty days after the expiration of the previous commission as
allowed by 1-5-405, MCA. [ARM 44.15.101]
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