Montana § 1-5-604 Notarial Acts In This State -- Authority To Perform Notarial Act

Montana Statutes

§ 1-5-604 — Notarial Acts In This State -- Authority To Perform Notarial Act

Montana § 1-5-604

Title 1GENERAL LAWS AND DEFINITIONS

Ch. 5PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS NOTARIES PUBLIC

Part 6Notarial Acts

This text of Montana § 1-5-604 (Notarial Acts In This State -- Authority To Perform Notarial Act) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 1-5-604 (2026).

Text

1-5-604 . Notarial acts in this state -- authority to perform notarial act.

(1)A notarial act may be performed in this state by:

(a)a notary public of this state;

(b)a judge, clerk, or deputy clerk of any court of this state; or

(c)any other individual authorized to perform the specific act by the law of this state.

(2)The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(3)A notarial officer may perform a notarial act authorized by this part or by a law of this state other than this part.

(4)The notarial acts of certifying or attesting a transcript of an affidavit or deposition and noting a protest of a negotiable instrument may be performed only by

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1-5-604 . Notarial acts in this state -- authority to perform notarial act. (1) A notarial act may be performed in this state by:
(a) a notary public of this state;
(b) a judge, clerk, or deputy clerk of any court of this state; or
(c) any other individual authorized to perform the specific act by the law of this state.
(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) A notarial officer may perform a notarial act authorized by this part or by a law of this state other than this part.
(4) The notarial acts of certifying or attesting a transcript of an affidavit or deposition and noting a protest of a negotiable instrument may be performed only by notarial officers who are knowledgeable of the applicable legal requirements.
(5) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the notarial officer to perform the notarial act.

Legislative History

En. Sec. 4, Ch. 192, L. 1993; amd. Sec. 4, Ch. 391, L. 2015.

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