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.