Current through Register Vol. 18, September 20, 2024
(1) A person seeking a commission as a notary
public shall make an application by submitting one or more of the requisite
forms prescribed by the Secretary of State that includes the following
information:
(a) applicant's name, which must
consist of at least one initial and the notary's surname;
(b) applicant's date of birth;
(c) applicant's physical/residential address
and mailing address;
(d)
applicant's personal e-mail address;
(e) applicant's personal telephone number;
(f) applicant's employer's name,
address, and telephone number;
(g)
applicant's work email address;
(i) if the
applicant is unemployed or self-employed, the applicant must submit an
alternate contact person and the alternate contact's phone number or email
address;
(h) the date
the applicant's current notary commission expires (if applicable);
(i) the name under which the applicant's
previous commission was issued (if applicable);
(j) whether or not the applicant intends to
provide remote and/or electronic notarization services, and, if so, the
identification of the communication technology and/or the electronic
notarization system(s) the applicant intends to use and a copy of the
certificate showing the notary has successfully completed an approved course of
instruction and examination; and
(k) an exemplar of the applicant's official
signature which must match the applicant's name as entered on the application
and the surety bond and which must be used on all tangibly and electronically
notarized records.
(2)
The application shall indicate if the applicant:
(a) is at least 18 years old;
(b) is a citizen or permanent legal resident
of the United States; and
(c)
whether the applicant:
(i) is a resident of
Montana;
(ii) has a place of
employment or practice in Montana; or
(iii) is the spouse or legal dependent of
military personnel assigned to active duty in Montana;
(d) can read and write English;
(e) has pled guilty, pled no contest, or been
convicted of a felony or crime involving fraud, dishonesty, or deceit within
the last 10 years;
(f) has been
found in any legal proceeding or disciplinary action within the last 10 years
to have acted fraudulently, dishonestly, or deceitfully; and
(g) has had a notary commission denied,
revoked, or restricted in any state within the last 10 years.
(3) The applicant must affirm
under oath that the information on the application is true and correct and that
the applicant will support and defend the Constitutions of the United States
and the State of Montana and uphold the duties of the office of notary public.
(4) An applicant shall submit with
the application certification proving the applicant has completed the required
education and passed a notary public examination approved by the Secretary of
State.
(a) New and renewing applicants must
take and pass the examination no more than six months before submitting the
application.
(i) A grade of 80% is considered
passing.
(ii) If the applicant
fails to achieve a passing score after three attempts, the applicant must wait
three months before attempting to take the exam again.
AUTH:
1-5-628,
MCA; IMP:
1-5-619,
1-5-620,
MCA
