QUESTIONS AND ANSWERS
, Notary Public - ANSWERSA public officer whose authority to perform certain
functions--"notarial acts"--is under a commission granted by the Montana Secretary of
State.
What is a Notary's chief responsibility? - ANSWERSTo impartially officiate for document
transactions that require a notarial act, and to certify the facts of these acts in a notarial
certificate.
Term of Office - ANSWERS4 years. The term of office is stated in the Certificate of
Commission the Secretary of State sends to every commissioned Notary.
Jurisdiction - ANSWERSA MNP's jurisdiction to perform official acts for a physically
present principal is statewide (every county) in Montana, and in North Dakota and
Wyoming.
Montana authorizes its Notaries to perform notarial acts in bordering states IF the
bordering state agrees that the Notary may do so; North Dakota and Wyoming agree to
this.
Why are Documents (Records) Notarized? - ANSWERSProvides relying parties with
specific, highly valued assurances (common in high-value or high-stake transactions
such as buying a home, adopting a child, or making a last will and testament):
The Notary was present with the named principal (signer) and personally witnessed the
signing or took the principal's acknowledgement of the signature;
The Notary observed that the principal acted with intent and free will, and with apparent
awareness and comprehension of the document's contents;
The Notary certified the facts of the notarial act in a signed and sealed certificate (the
notarial statement on the document) that will be accepted as genuine not only within the
Notary's commissioning state, but also across state and even international borders.
Montana Has How Many Methods of Notarizing Documents? - ANSWERSFour Methods
Traditional Notarization - ANSWERSA physically present principal has a paper
(tangible) document requiring a notarial act. The principal's and Notary's signatures will
be made in ink and the Notary's official stamp will be made with an ink-stamp device.
The Notary will identify the principal by personal knowledge or satisfactory evidence
(documentary proof; oath/affirmation of a credible witness who is personally known or
identified by documentary proof; or ONE or more identification technologies approved
by the Secretary of State for use with remote online and remote notarizations).