Montana Code 1-5-610. Short forms
1-5-610. Short forms. The following short-form certificates of notarial acts are sufficient for the purposes indicated if they are completed with the information required by 1-5-609(1) through (4):
Terms Used In Montana Code 1-5-610
- Acknowledgment: means a declaration by an individual appearing before a notarial officer that the individual has willingly signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed the record as the act of the individual or entity identified in the record. See Montana Code 1-5-602
- Certification of fact: means a notarial act in which a notary reviews public or vital records or other legally accessible data to ascertain or confirm any of the following facts:
(a)date of birth, death, marriage, or divorce, or that an individual is alive;
(b)name of parent, marital partner, offspring, or sibling;
(c)that an event has occurred; or
(d)any matter authorized by law or rule of this state for certification by a notary public. See Montana Code 1-5-602
- Communication technology: means a real-time, two-way audiovisual electronic device or process that:
(a)allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;
(b)facilitates communication with a remotely located individual with a vision, hearing, or speech impairment when necessary under and consistent with applicable law; and
(c)complies with this part and implementing rules. See Montana Code 1-5-602
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 1-5-602
- In a representative capacity: means acting as:
(a)an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
(b)a public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
(c)an agent or attorney-in-fact for a principal; or
(d)an authorized representative of another in any other capacity. See Montana Code 1-5-602
- Principal: means :
(a)an individual whose signature is notarized; or
(b)an individual taking an oath or affirmation from the notary public but not in the capacity of a credible or other witness for the notarial act. See Montana Code 1-5-602
- Property: means real and personal property. See Montana Code 1-1-205
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 1-5-602
- Remote notarization: means a notarial act performed by means of communication technology on a tangible record that meets the standards adopted under this part. See Montana Code 1-5-602
- Remote online notarization: means a notarial act or notarization performed by means of communication technology and an electronic notarization system on an electronic record that meets the standards adopted under this part. 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
- Signature witnessing: means the notarial act in which a notarial officer witnesses a principal execute a record knowingly and willingly for the purposes intended while appearing before the notarial officer. 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)For an acknowledgment in an individual capacity:
State of……………………
County of……………………
This record was acknowledged before me on (date) by (name(s) of individual(s)) ……………………………………….
…………………………………………….
(Signature of notarial officer)
(Official Stamp)
…………………………..
Printed name and title of officer (if not shown in stamp)
(2)For an acknowledgment in a representative capacity:
State of……………………
County of………………….
This record was acknowledged before me on (date) by (name(s) of individual(s)) as (title or capacity) of or for (name of party on behalf of whom the record was executed).
………………………….
(Signature of notarial officer)
(Official stamp)
………………………….
Printed name and title of officer (if not shown in stamp)
(3)For a verification on oath or affirmation (jurat):
State of……………………
County of………………….
This record was signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s)) ……………………
………………….
(Signature of notarial officer)
(Official stamp)
………………………
Printed name and title of officer (if not shown in stamp)
(4)For witnessing or attesting a signature:
State of……………………
County of……………………
The record was signed before me on (date) by (name(s) of individual(s)) ……………………
………………………..
(Signature of notarial officer)
(Official stamp)
……………………………….
Printed name and title of officer (if not shown in stamp)
(5)For a signature witnessing in a representative capacity:
State of……………………
County of………………….
This record was signed before me on (date) by (name(s) of individual(s)) as (title or capacity) of or for (name of party on behalf of whom the record was executed).
……………………………………….
(Signature of notarial officer)
(Official Stamp)
………………………….
Printed name and title of officer (if not shown in stamp)
(6)For certifying a copy of a tangible record:
State of……………………
County of……………………
I certify that this is a true and correct copy of (identification of record), an original record in the possession of, or issued by, (custodian or issuer) and made by me on (date).
…………………………………
(Signature of notarial officer)
(Official stamp)
…………………………….
Printed name and title of officer (if not shown in stamp)
(7)For certifying a copy of an electronic record:
State of……………………
County of………………….
I certify that the foregoing and annexed record entitled (title of record), dated …………….., and consisting of ……….. (pages or size of file) is a true and correct copy of an electronic record printed directly from the electronic file by me on (date).
…………………………………
(Signature of notarial officer)
(Official stamp)
…………………………………
Printed name and title of officer (if not shown in stamp)
(8)For certifying a transcript of a deposition or affidavit:
State of……………………
County of……………………
I hereby certify and state the following:
that I have sworn in the deponent;
that the deposition was taken before me and this is a true and accurate transcription of the testimony;
that I am not a relative, agent, or employee of the deponent or the attorney or counsel of any of the parties;
that I am not an interested party to the matter.
A review of this transcript (was / was not) requested.
Dated this …………………… day of ……………………, 20…
…………………………………
(Signature of notarial officer)
(Official stamp)
…………………………………
Printed name and title of officer (if not shown in stamp)
(9)For a remote notarization or remote online notarization on a tangible or electronic record for a principal located outside the United States:
State of……………………
County of………………….
This record was (acknowledged) (signed) (signed and sworn to or affirmed) before me by use of communication technology on (date) by (name of principal(s)), who declared that (he) (she) (they) (is) (are) located in (place where principal(s) was/were physically located at the time of notarial act) and that this record is part of or pertains to a matter that is to be filed with or is before a court, governmental entity, or other entity located in the United States or involves property located in, or a transaction substantially connected with, the United States.
…………………………………
(Signature of notarial officer)
(Official stamp)
…………………………………
Printed name and title of officer (if not shown in stamp)
(10)For a remote notarization or remote online notarization on a tangible or electronic record for a principal located in or outside this state but within the United States:
State of……………………
County of………………….
This record was (acknowledged) (signed) (signed and sworn to or affirmed) before me by use of communication technology on (date) by (name of principal(s)), who declared that (he) (she) (they) (is) (are) located in (place within the United States where principal(s) was/were physically located at the time of notarial act).
…………………………………
(Signature of notarial officer)
(Official stamp)
…………………………………
Printed name and title of officer (if not shown in stamp)
(11)For a certification of fact or event:
State of……………………
County of………………….
I certify that I have confirmed that (information that is being verified) is true and correct based on a review of (the source of the information) made by me on (date).
…………………………………
(Signature of notarial officer)
(Official stamp)
…………………………………
Printed name and title of officer (if not shown in stamp)
(12)For certification of life:
State of……………………
County of………………….
I certify that (name of individual) is alive and appeared physically before me at (location where individual appeared) on (date) at (time a.m. or p.m.).
…………………………………
(Signature of notarial officer)
(Official stamp)
…………………………………
Printed name and title of officer (if not shown in stamp)
(13)For certification of photograph:
State of……………………
County of………………….
I certify that the attached photograph is an accurate representation of (name of individual or item) based on (how subject was confirmed) on (date).
…………………………………
(Signature of notarial officer)
(Official stamp)
…………………………………
Printed name and title of officer (if not shown in stamp)”