Key Takeaways
- Self-notarization (notarizing your own signature) is prohibited
- Cannot notarize when you have a financial interest in the transaction
- Cannot give legal advice or practice law
- Cannot use "notario" or "notario publico" unless a licensed attorney
- Cannot represent others in immigration matters unless authorized
Prohibited Acts for Montana Notaries
Montana law (MCA 1-5-625) prohibits notaries from engaging in certain activities that could harm the public or undermine the integrity of notarial acts.
Self-Notarization
A notary may NOT notarize their own signature.
| Scenario | Allowed? |
|---|---|
| Notarizing your own affidavit | NO |
| Notarizing a document you signed | NO |
| Notarizing your spouse's signature | Discouraged (potential conflict) |
| Notarizing for your employer | Situational (see below) |
Conflicts of Interest
A notary may NOT notarize when they have a direct financial or beneficial interest in the transaction.
What Creates a Conflict
| Situation | Reason |
|---|---|
| You are a party to the document | Direct interest |
| You will benefit financially | Financial interest |
| You are named as a grantee, beneficiary | Direct interest |
| Transaction affects your property | Financial interest |
Employer Situations
If you are a partner, stockholder, director, officer, or employee of a company:
- You MAY notarize for the company's customers/clients
- You MAY NOT notarize documents where you are individually named
- You MAY NOT notarize if you sign as a representative AND notarize the same document
Unauthorized Practice of Law
A notary commission does NOT authorize you to:
| Prohibited Activity | Why |
|---|---|
| Draft legal documents | Practice of law |
| Give legal advice | Practice of law |
| Explain legal terms | Could be construed as advice |
| Recommend document language | Practice of law |
| Select which notarial act to use | May be legal advice |
Required Disclosure
If you are NOT an attorney licensed in Montana, you must use this statement (or SOS-approved alternative):
"I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities."
Immigration Services Prohibition
A notary commission does NOT authorize you to:
| Prohibited Activity |
|---|
| Act as an immigration consultant |
| Act as an expert on immigration matters |
| Represent persons in immigration proceedings |
| Give advice on immigration or citizenship |
| Use "notario" or "notario publico" (unless licensed attorney) |
Background: In some countries, a "notario" is a licensed attorney. Using this term can mislead immigrants into thinking the notary can provide legal services.
On the Exam
- No self-notarization: Cannot notarize own signature
- No financial interest: Cannot benefit from transaction
- No legal advice: Even simple explanations can be UPL
- No "notario": Unless you are a licensed attorney
- No immigration advice: Cannot assist with immigration matters
A customer asks the notary to explain what a power of attorney means. What should the notary do?
When is a Montana notary prohibited from performing a notarization?
Why is a Montana notary prohibited from using the term "notario publico"?