Key Takeaways
- Montana authorizes 10 types of notarial acts under MCA 1-5-602
- Three new notarial acts were added in 2019: Certification of Fact, Life, and Photograph
- Montana notaries can now solemnize marriages
- Each act has specific requirements and certificate wording
- Maximum fee is $10 per notarial act
Last updated: January 2026
Types of Notarial Acts in Montana
Under Montana Code Annotated (MCA) Title 1, Chapter 5, Part 6, notaries public may perform various notarial acts. The 2019 Legislature significantly expanded the types of acts Montana notaries can perform.
Authorized Notarial Acts
| Notarial Act | Description |
|---|---|
| Acknowledgment | Signer declares they signed voluntarily |
| Oath/Affirmation | Verbal pledge to tell the truth |
| Verification on Oath (Jurat) | Sworn statement that document contents are true |
| Signature Witnessing | Notary witnesses signer execute document |
| Copy Certification | Certifies copy matches original |
| Transcript Certification | Certifies deposition/affidavit transcript |
| Protest of Negotiable Instrument | Notes dishonor of negotiable instrument |
| Certification of Fact | Verifies facts from records (NEW 2019) |
| Certification of Life | Certifies person is alive (NEW 2019) |
| Certification of Photograph | Certifies photograph accuracy (NEW 2019) |
Additional Authority
Montana notaries are also authorized to:
- Solemnize Marriages — Added in 2019 legislation
- Perform Remote Online Notarizations (RON) — Using approved technology platforms
Personal Appearance Requirement
Rule #1: For acknowledgments, signature witnessing, and jurats, the signer must personally appear before the notary at the time of notarization.
Personal appearance means:
- Physical presence — Signer is in same location as notary, OR
- Remote presence — Real-time, two-way video and audio communication (for approved RON acts)
Fee Structure
| Act Type | Maximum Fee |
|---|---|
| All standard notarial acts | $10 per act |
| Remote Online Notarization (RON) | Reasonable fee by agreement |
| Travel fees | Federal mileage rate by agreement |
On the Exam
- 10 notarial acts: Know all authorized acts
- 3 new acts (2019): Certification of Fact, Life, and Photograph
- $10 maximum: Standard fee for most acts
- Personal appearance: Required for acknowledgments, jurats, signature witnessing
Test Your Knowledge
Which of the following notarial acts was added to Montana law in 2019?
A
B
C
D
Test Your Knowledge
What is the maximum fee a Montana notary may charge for a standard notarial act?
A
B
C
D