Montana Amends Notary Law to Allow Remote Notarizations

On April 3, 2019, Montana Governor Steve Bullock signed into law House Bill 370, which generally makes amendments to the Montana Revised Uniform Law on Notarial Acts.  Among other things, the bill establishes the requirements for conducting electronic and remote notarizations in Montana.

Some of the key provisions of House Bill 370 include the following:

• Inclusion of definitions related to electronic and remote notarizations, such as what constitutes “appearing before,” “communication technology,” “electronic notarization system,” and “remote presentation.”
• Clarifications as to how notarial officers can confirm an individual’s identity when conducting remote notarizations.
• Allowance for notarial officers to conduct notarizations by means of communication technology.
• Modifications to provisions regarding certificates of notarial acts, including to address remote and electronic notarizations.
• Specifications as to how and when a notary can correct an official stamp.
• Requirement for notaries wishing to perform notarizations using an electronic notarization system or a communication technology to take a course and pass an examination in connection with such notarizations.
• Treatment of electronic versions of a notary’s official signature and stamp.
• Requirements related to creating, retaining, and securing audio-visual recordings of notarial acts performed using communication technology.
• Examination and future education requirements imposed on applicants for commission as a notary public in the state.

These changes generally are effective October 1, 2019.