Montana Code 1-5-607. Notarial acts under federal authority
1-5-607. Notarial acts under federal authority. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the notarial act performed under federal law is performed by:
Terms Used In Montana Code 1-5-607
- 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
- Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)a judge, clerk, or deputy clerk of a court;
(b)an individual in the military service of the United States or performing duties under the authority of the military service if authorized to perform notarial acts under federal law;
(c)an individual designated as a notarizing officer by the United States department of state for performing notarial acts overseas; or
(d)any other individual authorized by federal law to perform notarial acts.
(2)The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
(3)The signature and indicated title of an officer described in subsection (1) conclusively establish the authority of the officer to perform a notarial act.