Administrative Rules of Montana
Department 44 - SECRETARY OF STATE
Chapter 44.15 - NOTARIES PUBLIC
Subchapter 44.15.1 - Commissioning
Rule 44.15.108 - REMOTE AND REMOTE ONLINE NOTARIZATIONS
Current through Register Vol. 24, December 20, 2024
(1) Remote and remote online notarizations shall only be performed using technology that allows the individuals communicating to simultaneously see and speak to one another.
(2) When performing remote or remote online notarizations, the signal transmission shall be live, real time.
(3) All remote and remote online notarizations shall be recorded electronically.
(4) Prior to performing any remote or remote online notarization, the notary public shall inform all individuals participating in the notarization that the notarization will be electronically recorded.
(5) All recordings of remote and remote online notarizations shall include a recitation by the notary public that includes the following:
(6) All recordings of remote notarizations shall include a recitation by the individual for whom the notarial act is being performed that includes the following:
(7) If the individual for whom the notarial act is being performed is being identified by personal knowledge, the recording of the remote notarization shall include an explanation by the notary public as to how the notary public has come to know the individual for whom the notarial act is being performed and the length of time the notary public has known the individual.
(8) If the individual for whom the notarial act is being performed is being identified by credible witness, the recording of the remote notarization shall include:
(9) If the individual for whom the notarial act is being performed was identified by means of identification technologies, the notary shall state the two or more types of technologies used.
AUTH: 1-5-628, MCA; IMP: 1-5-603, 1-5-615, 1-5-618, MCA