This handbook was designed to provide information to current and prospective notaries public in the State of Montana in order to increase understanding of the powers and duties of the office. Everybody knows what a notary public does, right? Actually, there is much misunderstanding and confusion about what the proper role and duties of a notary are. A notary public does not “legalize” documents, or verify the accuracy or truthfulness of the content or statements made in a document. As Milt Valera, Chairman of the National Notary Association, noted in the Foreword to Professor Closen’s Notary Best Practices, a notary public is the “trusted impartial witness in ensuring that acts of attestation vital to commerce and law are executed legally, securely, and ethically” A notary public is a public official commissioned by the Secretary of State to administer oaths and affirmations, take acknowledgments, witness signatures, and perform other duties as permitted by state law. A notary has a legal obligation to know Montana notary laws and to follow the standards of reasonable care for performing every authorized notarial act. As a public official, a notary is not acting on behalf of him/herself or his/her employer when performing a notarial act, but rather, on behalf of the state of Montana. Table of Contents CHAPTER 1 – GENERAL INFORMATION - OVERVIEW - RESOURCES - THE NOTARY’S FUNCTION - THE NOTARY’S RESPONSIBILITY - INTEGRITY AND IMPARTIALITY - FEES - NOTARY LIABILITY - JURISDICTION - CHAPTER 2 – BECOMING A NOTARY PUBLIC - QUALIFICATIONS - TERM OF OFFICE - OBTAINING A COMMISSION - UPDATING YOUR INFORMATION - NOTARY SEAL/STAMP - NOTARY JOURNAL - CHAPTER 3 - NOTARIZING DOCUMENTS - THE NOTARIAL PROCESS - 1. REQUIRE PERSONAL APPEARANCE - 2. REVIEW THE DOCUMENT - 3. IDENTIFY THE SIGNER - 4. DETERMINE THE SIGNER’S COMPENTENCY AND WILLINGNESS - 5. CREATE THE JOURNAL RECORD - 6. COMPLETE THE NOTARIAL CERTIFICATE - CHAPTER 4 - TYPES OF NOTARIAL ACTS - TAKING ACKNOWLEDGMENTS - WITNESSING SIGNATURES - REPRESENTATIVE CAPACITY SIGNERS - VERIFICATION UPON OATH OR AFFIRMATION/SIGNED AND SWORN (“JURAT”) - ADMINISTERING VERBAL OATHS - CERTIFYING COPIES OF DOCUMENTS - REMOTE ONLINE NOTARIZATION (R.O.N.) OR REMOTE NOTARIZATION - 2 CERTIFICATION OF FACT - 3 CERTIFICATION OF LIFE - OTHER NOTARIAL ACTS - CORRECTING A NOTARIAL CERTIFICATE - CHAPTER 5 - SPECIALIZED INFORMATION - NOTARIZING MONTANA MOTOR VEHICLES TITLES - NOTARIZING DOCUMENTS WRITTEN IN A FOREIGN LANGUAGE - NOTARIZING/CERTIFYING RECORDS TO BE SENT TO A FOREIGN COUNTRY (APOSTILLES AND AUTHENTICATIONS) - NOTARIZING FOR SIGNERS WITH DISABILITIES OR SPECIAL SIGNATURES - CHAPTER 6 – MONTANA NOTARY LAWS and RULES - Notary Laws – Title 1, Chapter 5, Part 6 - Administrative Rules - GLOSSARY