3.1 Types of Notarial Acts in Montana
Key Takeaways
- Montana enacted the Revised Uniform Law on Notarial Acts (RULONA) via House Bill 370 in 2019 (effective October 1, 2019)
- Core acts: acknowledgment, verification on oath or affirmation (jurat), signature witnessing, oath/affirmation, and copy certification
- Three new acts arrived in 2019: certification of fact, certification of life, and certification of photograph
- Maximum fee is $10 per notarial act under MCA 1-5-626; RON carries a separate reasonable fee by agreement
- Personal appearance is required for every act involving a signer, in person or by approved two-way audio-video for RON
The Statutory Framework
Montana notarial acts live in Montana Code Annotated (MCA) Title 1, Chapter 5, Part 6. In 2019, House Bill 370 replaced the old patchwork by enacting the Revised Uniform Law on Notarial Acts (RULONA), the Uniform Law Commission model statute. The bill was signed April 3, 2019 and took effect October 1, 2019. RULONA standardized definitions, expanded the act menu, and removed the requirement that signers be Montana residents (except proxy-marriage notarizations).
A notarial act is any official act a commissioned notary is authorized to perform. The notary's job is procedural: confirm identity and intent, complete a compliant certificate, and seal it. A notary never verifies that a document's contents are legally correct or true unless administering an oath.
The Authorized Acts
| Notarial Act | What the Notary Attests | Signer Appears? |
|---|---|---|
| Acknowledgment | Signer declared they signed voluntarily | Yes |
| Verification on oath/affirmation (jurat) | Signer swore the contents are true and signed in presence | Yes |
| Signature witnessing | Signer signed in the notary's presence | Yes |
| Oath or affirmation | A verbal sworn pledge (no document needed) | Yes |
| Copy certification | A copy is a true reproduction of an original | No |
| Certification of fact (2019) | A fact verified from a record | Sometimes |
| Certification of life (2019) | A named person is alive and appeared | Yes |
| Certification of photograph (2019) | A photo accurately depicts a subject | Sometimes |
| Protest of a negotiable instrument | A negotiable instrument was dishonored | No |
Personal Appearance: The Bedrock Rule
For acknowledgments, jurats, signature witnessing, oaths, and certification of life, the individual must personally appear. RULONA defines appearance two ways: (1) physical presence in the same room, or (2) remote presence via real-time, two-way audio-video for an approved Remote Online Notarization (RON). A notary may never notarize for an absent signer based on a phone call, an emailed scan, or a third party's say-so.
Fees You Must Memorize
MCA 1-5-626 caps the fee at $10 per notarial act. A notary need not charge anything, but may not exceed the cap for any enumerated act.
- $10 maximum — every standard act (acknowledgment, jurat, signature witnessing, copy certification, etc.)
- Reasonable fee by agreement — RON, agreed in advance with the signer
- IRS mileage rate — optional travel fee
- Fee schedule — if a notary charges fees, MCA requires a posted list in English
The Notary's Limited Role
It helps to internalize what a notarial act is and is not. The act is a fraud-deterrent ceremony: by requiring appearance, identification, and a recorded certificate, the state makes it far harder to forge signatures or coerce signers without a trace. The notary is an impartial witness and certifier, not a legal advisor, a document drafter, or a guarantor of the transaction's wisdom. A notary who tells a customer "you should use a jurat here" or "this contract looks unenforceable" has crossed into the unauthorized practice of law, which can cost the commission.
The correct response to substantive legal questions is to refer the customer to an attorney.
Worked Example: Choosing the Right Act
A customer brings a one-page "Affidavit of Residency" that is unsigned and contains the line "I swear the following statements are true." Which act applies? The sworn-statement language signals a jurat: the customer must sign in your presence, you administer an oath or affirmation, and you complete a jurat certificate. If instead the customer brought a signed deed and simply wanted to acknowledge it for recording, you would perform an acknowledgment — no oath, pre-signing allowed.
The document's certificate wording is your strongest clue; when it is missing, ask the customer (or the document's drafter) which act the receiving party requires. A notary may never choose the act for the customer or advise which is legally sufficient — that would be unauthorized practice of law.
What a Notary May Never Do
No matter the act, a Montana notary may not: notarize their own signature; notarize for a spouse or for a transaction in which they have a direct beneficial interest; certify a copy of a public-entity record they did not issue; or perform an act for an absent signer. Disqualifying interest and absence are the two fastest ways a notarization becomes void, and both appear repeatedly on the exam.
Mapping Acts to Documents
| Document | Typical Act |
|---|---|
| Deed for county recording | Acknowledgment |
| Affidavit / sworn declaration | Jurat |
| Deposition witness (no paper) | Oath or affirmation |
| Copy of a private diploma | Copy certification |
| Proof-of-life for a foreign pension | Certification of life |
| Witnessed contract, no oath | Signature witnessing |
Exam Focus
- RULONA / HB 370 / Oct 1, 2019 is the framework — expect a date or bill question.
- $10 is the single most-tested number; do not confuse it with the commission or exam fees.
- Know which acts require appearance (most) versus which do not (copy certification, protest).
- A notary selects procedures, never the legal sufficiency of the act for the customer.
Which 2019 development reorganized Montana's notarial acts and set the modern framework?
What is the maximum fee a Montana notary may charge for a standard notarial act?