§ 1-5-608 — Foreign Notarial Acts

Montana § 1-5-608

• Jurisdiction: Montana
• Title 1: GENERAL LAWS AND DEFINITIONS
• Ch. 5: PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS NOTARIES PUBLIC
• Part 6: Notarial Acts

Text

1-5-608 . Foreign notarial acts. (1) A notarial act performed under the authority of and in the jurisdiction of a foreign state or a constituent unit of the foreign state or under the authority of a multinational or international governmental organization has the same effect under the law of this state as if performed by a notarial officer of this state.
(2) An "apostille" in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state that is a party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
(3) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
(4) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(5) The signature and official stamp of an individual holding an office described in subsection (4) are prima facie evidence that the signature is genuine and the individual holds the designated title.
(6) For the purposes of this section, "foreign state" means a government other than the United States, a state, or a federally recognized Indian tribe.

Legislative History

En. Sec. 8, Ch. 192, L. 1993; amd. Sec. 8, Ch. 391, L. 2015.