Become a Montana Notary
- Be at least 18 years old
- Be a citizen or permanent legal resident of the United States
- Be a resident of or have a place of employment or practice in Montana
- Be able to read and write English
- Have not been convicted of a felony or crime involving fraud, dishonesty, or deceit within the last 10 years unless the individual’s full rights have been restored
- Have not been found in any legal proceeding or disciplinary action within the last 10 years to have acted fraudulently, dishonestly, or deceitfully
- Never have had a notary commission denied, revoked, or restricted in any state within the last 10 years
- Meet the eligibility requirements
- Complete a notary training course approved by the Secretary of State
- Properly complete a notary application online or print and submit a notary application form to the Secretary of State with a filing fee of $25, oath of office, and a $10,000 bond within 30 days before or after the effective date of the surety bond or the expiration of the previous commission. Click here to download the application form.
P.O. Box 202801
Helena, MT 59620-2801
(406) 444-5379 or (406) 444-1877
Type – rubber-inked stamp
Color — blue or black
Shape – All notaries with a commission expiration date of October 1, 2013 or later are required to have an ink stamp unit, rectangular in shape and approximately 1” x 2 ˝” in size. The rectangular border is required.
- Have a circular seal to the left that includes the words “notarial seal,” the words “State of Montana,” and the notary public’s name as it appears on the notary’s certificate of commission;
- Have a block of text to the right of the seal that includes: the notary public’s name as it appears on the notary’s certificate of commission;
- The words “Notary Public for the State of Montana;
- The words “Residing at” immediately followed by the name of the city or town and state where the notary public lives;
- The words “My Commission Expires” immediately followed by the notary public’s commission expiration date, expressed in terms of the month(spelled out), day, and four-digit year;
- Have a plain rectangular border enclosing the text and seal; and
- Be in the general format illustrated in the Montana Notary Public Handbook.
Note: Upon resignation, death, or revocation or expiration of the notary’s commission, the notary (or his or her representative) must disable the notary seal in a manner that renders it unusable.
Note: Montana notaries must retain a notary record book 10 years after the performance of the last notarial act. A notary must promptly notify the Secretary of State’s office upon discovering that the notary’s journal is lost or stolen. Notaries who perform remote notarization must keep a copy of the recording of the entire communication and a notarization of the identification used for a period of 10 years from the date of the notarization. Alternatively, a notary may transmit the recordings to a repository approved by the Secretary of State.
- Acknowledgments - $10
- Oaths or affirmations - $10
- Taking a verification upon oath or affirmation - $10
- Copy certifications - $10
- Witnessing a signature - $10
- Taking a deposition - $3.50 per page
A travel fee may be charged when traveling to notarize at the rate allowed by the Internal Revenue Service. If the notary is going to charge a travel fee, the notary must: (1) explain to the person requesting the notarial act that the travel fee is in addition to the statutory notarial fees; (2) the travel fee is not determined by law; and (3) the person requesting the notarial act agrees in advance to the amount of the travel fee. Notaries who charge notarial fees must publish their fee schedules in English.
- Take acknowledgments
- Administer oaths or affirmations
- Witness or attest a signature
- Perform verifications upon oaths or affirmations
- Take depositions
- Protest instruments
- Certify copies of non-recordable documents
Note: The jurisdiction for performing remote notarizations is limited strictly to within the borders of Montana. At this time neither North Dakota nor Wyoming permit remote notarizations; therefore the reciprocity laws do not allow Montana notaries to perform these notarizations outside of Montana.
- Notarize a document without the signer being in the notary’s presence
- Notarize the notary’s own signature
- Notarize any document in which the notary is named or in which the notary has a direct or financial interest
- Sign a notarial certificate under any other name than the commissioned name
- Certify a copy of a record issued by a public entity, such as a birth, death, or marriage certificate, a court record, or a school transcript unless the notary is employed by the entity issuing or holding the original version of the record
- Engage in false or deceptive advertising
- Advertise or represent that the notary public, unless also licensed as an attorney in this state, is able to assist persons in drafting legal records, give legal advice, or otherwise practice law
- Except as otherwise allowed by law, withholding access to or retain possession of an original record provided by a person seeking performance of a notarial act
- Advertise or use the term “notario” or “notario publico” unless the notary public is an attorney licensed to practice law in this state
- Notarize the signature of any individual on a record if the notary public is a partner, stockholder, director, officer, or employee of a partnership or corporation and is individually named in the record or if he or she signs the record as a representative of that partnership or corporation
- Assist persons in drafting legal records, give legal advice, or otherwise practice law without a license
- Act as an immigration consultant or an expert on immigration matters
- Represent a person in a judicial or administrative proceeding relating to immigration to the United States or United States citizenship or related matters
- Receive compensation for performing any immigration or immigration related activities
Revised: February 2016