Montana Code 1-5-605. Notarial act in another state — reciprocity — notary public authority
1-5-605. Notarial act in another state — reciprocity — notary public authority. (1) A notarial act performed in another state has the same effect under the law of this state as if the notarial act were performed by a notarial officer of this state if the notarial act performed in the other state is performed by:
Terms Used In Montana Code 1-5-605
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Montana Code 1-5-602
- Notarial officer: means a notary public or other individual authorized to perform notarial acts. See Montana Code 1-5-602
- notary: means an individual commissioned to perform a notarial act by the secretary of state. See Montana Code 1-5-602
- Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Montana Code 1-5-602
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 1-5-602
(a)a notary public of that state;
(b)a judge, clerk, or deputy clerk of a court of that state; or
(c)any other individual authorized by the law of that state to perform the notarial act.
(2)The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3)The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the officer to perform the notarial act.
(4)A commission to act as a notary public authorizes the notary public, as provided in 1-5-619, to perform notarial acts in any county in the state or in any bordering state if the border state recognizes the notary’s authority within that state. The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees.