Notary Handbook - the Montana Secretary of State Website

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For Documents Signed in a Representative Capacity There are several instances when the person who requests a notarization will be signing the document on behalf of another person or another entity. This is called “signing in a representative capacity,” and usually happens when someone is signing on behalf of a corporation, a trust, as a personal representative, or with a power of attorney. Montana law specifies that such notarial blocks must be completed with the name of the person who signed the document, the capacity in which it was signed, and the name of the party or entity on whose behalf it was signed. Here’s an example of how to complete such a notarial block (This is how you would complete the information if the signer is using a Power of Attorney as the basis for signing the document): State of Montana County of _Yellowstone___ This instrument was signed or acknowledged before me on _May 5, 2012______ by __Mary Doe_____, as _Attorney-in- Fact__ of or for _John Doe _____. Affix seal/stamp as close to signature as possible. _____L E Egan___________________________ Notary Signature [Montana notaries must complete the following, if not part of stamp.] _________________________________________ Printed Name Notary Public for the state of _________________ Residing at________________________________ My Commission expires:___________, 20_______ NOTES: When notarizing a document that is being signed by someone other than the person or entity designated as the signer, the notary should determine: 1. the identity of the person who is actually signing the document, 2. the capacity of the person to sign on behalf of the person or entity, and 3. the authority to sign for that person or entity in this particular transaction. • The above information can be determined using the same methods that are used to identify Personal knowledge Satisfactory evidence Credible witness Most documents’ notarial blocks do not anticipate that the document will be signed by someone other than the person or entity whose name appears on the document, so the notary will have to adjust the preprinted notarial block accordingly. Documents Without Preprinted Notarial Blocks From time to time, notaries are asked to notarize a document that does not have a notary block. If the requester can specify the type of notarial act that is needed, the notary may complete a proper notarial block by handwriting, typing, or otherwise affixing the appropriate form to the document. The notary may not decide what type of block to use: The person requesting the notarization, the author of the document, or the receiving entity must determine and communicate to the notary what type of notarial act, and thus which notarial block, should be completed. Pages of printable notarial blocks for all of the types of notarial acts are available for downloading from our website at www.sos.mt.gov/Notary/Forms. 40
CERTIFYING COPIES OF DOCUMENTS As explained in Chapter 2, there are two ways to certify a copy of a document. The simplest and easiest is simply to make a copy of the original document and add the properly-completed notarial block on the front or back of the copy. The easiest way to do that is by using the appropriate printable notarial block forms available on our website: www.sos.mt.gov/Notary/assets/blocks/Copy_Certification.pdf. You can download these forms on mailing labels or regular paper and stick one right on the copy. Here are completed examples of the properly-completed notarial block for each of these situations: 1. Direct certification: State of Montana County of _Yellowstone___ I certify this to be a true and correct copy of the diploma from Montanan State University issued to John Doe made by me on __May 5 , 2012_. Affix seal/stamp as close to signature as possible. _____L E Egan___________________________ Notary Signature [Montana notaries must complete the following, if not part of stamp.] _________________________________________ Printed Name Notary Public for the state of _________________ Residing at________________________________ My Commission expires:___________, 20_______ The second way is to have the person who brings in the document certify the document’s accuracy and then the notary performs a jurat notarization attesting to the fact that the document custodian certified the document was true and correct. You can use the downloadable form for this process too. 2. Certification by document custodian: First, have the customer write the certification statement on the document: I certify that this is a true and correct copy of _my diploma from Montana State University in my possession and made by me on ___May 5, 2012 . Signed_____John Doe__________________ When that is completed attach the jurat form: www.sos.mt.gov/Notary/assets/blocks/Jurat.pdf. State of Montana County of _Yellowstone___ This instrument was signed and sworn to before me on __May 5 , 2012___ by ______John Doe (only)_______. Print name of signer(s) Affix seal/stamp as close to signature as possible. _____L E Egan___________________________ Notary Signature [Montana notaries must complete the following, if not part of stamp.] _________________________________________ Printed Name Notary Public for the state of _________________ Residing at________________________________ My Commission expires:___________, 20_______ 41
Page 1 and 2: MONTANA NOTARY PUBLIC HANDBOOK SPRI
Page 3: TABLE OF CONTENTS CHAPTER 1 - Gener
Page 6 and 7: QUALIFICATIONS An individual can ap
Page 8 and 9: CHAPTER 1 - FREQUENTLY ASKED QUESTI
Page 10 and 11: Jurat. “Jurat” is short for the
Page 12 and 13: Steps to a proper notarization usin
Page 14 and 15: NOTARY JOURNAL All Montana notaries
Page 16 and 17: Below is a graphic representation o
Page 18 and 19: Administering Oaths - Although nota
Page 20 and 21: CHAPTER 3 - THE PROCESS There are c
Page 22 and 23: Montana Secretary of State Certific
Page 28 and 29: FREQUENTLY ASKED QUESTIONS FOR CHAP
Page 30 and 31: MONTANA NOTARY OF THE YEAR PROGRAM
Page 32 and 33: 1-5-416. Powers and duties. (1) A n
Page 34 and 35: 1-5-609. Certificate of notarial ac
Page 36 and 37: REVIEW OF THE RECENT CHANGES IN NOT
Page 38 and 39: ACKNOWLEDGEMENTS As discussed in Ch
Page 40 and 41: SIGNATURES Witnessing a signature i
Page 42 and 43: JURATS Performing a jurat requires
Page 46 and 47: NOTARIZING MONTANA MOTOR VEHICLES T
Page 48 and 49: NOTARIAL CERTIFICATE FOR MONTANA MO
Page 50 and 51: STATE CERTIFICATION APOSTILLE or AU
Page 52 and 53: MY NOTES __________________________
Page 54: The MUSTS & MUSTN’TS (CON’T.) Y

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