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

Universal Citation: MT Admin Rules 44.15.108

Current through Register Vol. 18, September 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:

(a) the notary public's name;

(b) the notary public's commission expiration date;

(c) a declaration that all individuals participating in the remote notarization have been informed by the notary public that the notarization will be electronically recorded;

(d) the date and time the notarial act is being performed;

(e) the state and county in which the notary public is located when the notarial act is being performed;

(f) the type of notarial act that is being performed;

(g) the type or title of record that is being notarized;

(h) whether the notarial act is being performed on a tangible or electronic record;

(i) how the individual for whom the notarial act is being performed has been identified ; and

(j) if a record is being executed, an acknowledgement that the person for whom the notarial act is being performed has the competency or capacity to execute the record.

(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:

(a) the individual's name;

(b) where the individual legally resides;

(c) a declaration that the signature made on the record being notarized is that of the individual;

(d) the date the individual signed the record being notarized;

(e) a declaration that the signature made on the record being notarized was made by the individual knowingly or voluntarily; and

(f) if the individual is located outside of the United States at the time of the remote notarization, a declaration that the individual is unaware of any legal conflicts that prohibit the individual's participation in a remote notarization.

(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:

(a) a statement by the notary public as to how the credible witness was identified;

(b) an explanation by the credible witness as to how the credible witness has come to know the individual for whom the notarial act is being performed and the length of time the credible witness has known the individual; and

(c) a sworn statement by the credible witness identifying the principal.

(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

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