Student handouts

Practical reference sheets derived directly from the course submission package.

Montana Notarization 10-Step Checklist

1. **Identify the requested notarial act.** Do not choose a legal act for the customer if doing so would constitute legal advice. 2. **Inspect the record for readiness.** Do not notarize an incomplete situation that prevents a lawful certificate. 3. **Require the principal to appear** in the manner authorized for the particular act. 4. **Establish identity** through personal knowledge or satisfactory evidence allowed by Montana law. 5. **Confirm capacity and willingness.** Refuse when you are not satisfied that the principal has capacity/competence or is acting knowingly and voluntarily. 6. **Verify representative capacity** when the signer claims to act for another person/entity. 7. **Perform the requested act** — acknowledgment, signature witnessing, oath/affirmation, jurat, copy certification, or other authorized act. 8. **Make the journal entry contemporaneously.** 9. **Complete the certificate completely**, including correct venue, act, names/subject, date, signature/title, and official stamp. 10. **Protect your journal and stamp** and retain/report them as Montana law and rule require.

Montana Identification & Credible Witness Quick Guide

Download PDF

### Personal knowledge Use only when prior dealings provide reasonable certainty that the individual has the identity claimed. ### Common satisfactory identification credentials A passport, driver's license, or government-issued nondriver identification credential may be accepted if it satisfies MCA § 1-5-603. If expired, the credential generally may not be expired more than three years before the notarial act. Another government identification credential may qualify if it meets Montana's statutory requirements, including required signature or photograph and the notary's satisfaction. ### Credible witness A credible witness may establish identity when the witness appears as required and is either personally known to the notary or satisfactorily identified under Montana law. ### Additional identification The notary may request additional information or credentials whenever necessary to assure identity. ### Never - Use a photocopy or emailed image as a substitute for lawful identity evidence merely because it “looks right.” - Record a driver's-license number, passport number, Social Security number, or birth date in the Montana journal. - Proceed when identity is not satisfactorily established.

Montana Journal Entry Checklist

Download PDF

For each notarial act, record contemporaneously: - date and time; - description of record, including document date if indicated; - type of notarial act; - full name and address of each principal; - principal signature unless a statutory exception applies; - personal-knowledge statement if identity rests on personal knowledge; - if satisfactory evidence is used, a brief description of identification method and credential, including issuance or expiration date where applicable; - electronic/communication system notation when applicable; - fee, if any. **Do not record:** Social Security number, passport number, driver's-license number, birth date, or other prohibited information.

Montana Certificate & Venue Checklist

Download PDF

Before finishing: - Did I identify the **correct notarial act**? - Is the **venue** the state and county where **I am physically located** when performing the act? - Does the certificate identify the principal or other subject as required? - Did I date and sign the certificate using my official signature? - Is my office title present? - Is my official stamp present and legible? - Is the certificate attached/affixed to the correct record? - If correcting a certificate I previously performed, is the correction supported by my journal and documented exactly as MCA § 1-5-609(5) requires? - Have I avoided signing/stamping a record with no completed certificate?

Montana Prohibited Acts, Refusal & Ethics Guide

Download PDF

### Refuse when You are not satisfied that the principal: - is competent/has capacity; or - is signing knowingly or voluntarily. ### Do not - notarize your own signature; - notarize a prohibited direct-interest transaction; - certify prohibited copies of official public records; - sign/stamp without a completed certificate unless law/rule directs otherwise; - falsely advertise; - give legal advice if you are not licensed to practice law; - act as an unauthorized immigration consultant; - use “notario” or “notario publico” unless permitted by law; - alter, reproduce, destroy, deface, or conceal notarial records in violation of law. ### Fees - Generally no more than $10 per listed notarial act under MCA § 1-5-626(1). - Additional travel/technology fees are subject to statutory conditions. - Display the notarial fee list in English when charging fees.

Montana Commission Application & Renewal Checklist

Download PDF

### New applicant - Confirm statutory qualifications. - Complete at least four hours of approved education within the prior 12 months. - Pass the required Montana examination within the current rule's timing window. - Obtain the required $25,000 assurance/bond. - Complete the online application. - Upload training/exam certificates and bond/supporting documents. - Pay the required filing fee. - Submit within the statutory bond/commission timing window. - After commissioning, obtain/use compliant tools and maintain the required journal. ### Renewal applicant - Complete one of the statutory continuing-education pathways. - Pass the required examination. - Renew assurance/bond. - File renewal and supporting documentation within the required timing window. ### Remote/electronic services Do not begin remote/electronic notarization merely because the traditional course is complete. Separate approved training/examination, notice, and system/technology requirements apply.

Official Source Links Sheet

Download PDF

Students should be directed to: - Montana Secretary of State Notary Division - Montana Notary Handbook - Montana Notary Statutes and Administrative Rules - Montana Notary Academy - Commission application portal/instructions Course pages should link to the current official Secretary of State pages rather than hard-code obsolete PDF versions where practical. ---