§ 1-5-626 — Fees For Notarial Acts -- Collection Of Fees

Montana § 1-5-626

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

Text

1-5-626 . Fees for notarial acts -- collection of fees. (1) A notary public may charge a fee not to exceed $10 for each notarial act:
(a) performing an acknowledgment;
(b) witnessing a signature;
(c) executing a verification on oath or affirmation (jurat);
(d) certifying a transcript;
(e) certifying a copy;
(f) performing a certification of fact; or
(g) performing another notarial act authorized by law, unless charging a fee for the act is expressly prohibited by that law.
(2) (a) Subject to subsections (2)(b) through (2)(d), a notary public may charge an additional fee, as provided by rule, to:
(i) perform a notarial act using an electronic notarization system or communication technology; or
(ii) travel to perform a notarial act.
(b) The notary public shall explain to the person requesting the notarial act that:
(i) the fee is in addition to a fee specified in subsection (1); and
(ii) the fee is an amount not determined by law.
(c) The person requesting the notarial act must agree in advance on the amount of the additional fee.
(d) A fee charged for travel must be equal to or less than the standard mileage rates allowed by the internal revenue service.
(3) A notary public may also charge a fee to recover the actual cost of providing a copy of a journal entry or audiovisual recording of a notarial act performed using communication technology.
(4) If a notary public charges fees under this section for performing notarial acts, the notary public shall display in English a list of the fees the notary public will charge.
(5) A notary public who is employed by a private entity may enter into an agreement with the entity under which fees collected by the notary public under this section are collected by and accrue to the entity.
(6) A public official may collect the fees described in this section for notarial acts performed in the course of employment by notaries public who are employed by the public body.

Legislative History

En. Sec. 23, Ch. 391, L. 2015; amd. Sec. 16, Ch. 123, L. 2019.