Montana Statutes
§ 70-21-203 — Acknowledgment Of Instruments Required -- Exceptions
Montana·Title 70 PROPERTY·Ch. 21 RECORDING TRANSFERS AND OTHER TRANSACTIONS RELATING TO REAL PROPERTY·Part 2 Recording -- Procedure
70-21-203 . Acknowledgment of instruments required -- exceptions. Unless an instrument belongs to a class provided for in either 70-21-205 or 70-21-207 , before the instrument can be recorded, its execution must be acknowledged as provided in subsection (1) or proved as provided in subsection (2).
(1)Execution of the instrument must be acknowledged, as acknowledgment is defined in 1-5-602 :
(a)by the person executing it; or
(b)if executed by a corporation, by its president, vice president, secretary, or assistant secretary or by any other person duly authorized by resolution by the corporation to act on behalf of the corporation.
(2)Execution of the instrument must be proved by a subscribing witness or as provided in 1-5-302 and 1-5-303 . Proof of execution as provided for in this subs
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Legislative History
En. Sec. 1573, Civ. C. 1895; re-en. Sec. 4646, Rev. C. 1907; re-en. Sec. 6893, R.C.M. 1921; Cal. Civ. C. Sec. 1161; Based on Field Civ. C. Sec. 509; amd. Sec. 1, Ch. 16, L. 1931; re-en. Sec. 6893, R.C.M. 1935; amd. Sec. 1, Ch. 170, L. 1937; R.C.M. 1947, 73-105; amd. Sec. 21, Ch. 192, L. 1993; amd. Sec. 89, Ch. 51, L. 1999.
Nearby Sections
15
§ 70-21-101
Instrument Defined -- Abstract§ 70-21-102
Unrecorded Instruments Valid Between Parties§ 70-21-103
Unrecorded Deeds -- To Whom Belong§ 70-21-104
Removal Of Records Prohibited -- Exceptions§ 70-21-208
In What County To Be Recorded§ 70-21-209
When Instrument Considered Recorded§ 70-21-210
Clerk To Endorse Fee§ 70-21-211
Record Books To Be Separate