Key Takeaways
- Three new acts added in 2019: Certification of Fact, Life, and Photograph
- Certification of Fact verifies information from public or private records
- Certification of Life confirms a person is alive at time of certification
- Certification of Photograph confirms photo accurately represents subject
- Montana notaries can now solemnize marriages
New Notarial Acts Added in 2019
House Bill 370, passed in 2019, significantly expanded Montana notary authority by adding three new notarial acts and authorizing marriage solemnization.
Certification of Fact
A notarial act where the notary reviews records to verify specific factual information.
What Can Be Certified
| Fact Type | Examples |
|---|---|
| Vital dates | Date of birth, death, marriage, divorce |
| Relationships | Name of parent, spouse, child, sibling |
| Status | That a person is alive |
| Record contents | Information contained in a record |
Process
- Review public or private records
- Verify the record appears reliable
- Ascertain or confirm the specific facts
- Complete the certification
Certificate Wording
"I certify that [facts certified] based on [source of information] on [date]."
Certification of Life
A notarial act certifying that a specific person is alive.
Requirements
- Person must personally appear before the notary
- Notary verifies identity through personal knowledge or satisfactory evidence
- Certifies the person is alive at the time of certification
Certificate Wording
"I certify that [name of individual] is alive and appeared physically before me at [location] on [date] at [time a.m. or p.m.]."
Common Uses
- Pension and benefit claims
- Insurance purposes
- International document requirements
- Estate and trust matters
Certification of Photograph
A notarial act certifying that a photograph accurately represents its subject.
Requirements
- Verify from personal knowledge or satisfactory evidence that:
- The photograph accurately represents the individual or item
- The subject is correctly identified
Certificate Wording
"I certify that the attached photograph is an accurate representation of [name of individual or item] based on [how subject was confirmed] on [date]."
Common Uses
- Passport and visa applications
- Insurance documentation
- Legal proceedings
- Identity verification
Marriage Solemnization
Montana notaries are now authorized to solemnize marriages in the state.
Requirements
- Valid marriage license issued in Montana
- Follow applicable marriage laws
- Complete required documentation
On the Exam
- Three new acts (2019): Fact, Life, and Photograph certifications
- Certification of Life: Person must appear in person
- Marriage authority: Notaries can now solemnize marriages
- Sources matter: Certification of Fact requires reliable records
Which requirement applies to a Certification of Life?
What authority did Montana notaries gain in 2019 beyond the three new notarial acts?