Montana Code 1-5-617. Stamping device
1-5-617. Stamping device. (1) A notary public is the sole owner of the notary public’s stamping device and is responsible for the security of the notary public’s stamping device and may not allow another individual to use the stamping device to perform a notarial act or for any other reason.
Terms Used In Montana Code 1-5-617
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- 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
- notary: means an individual commissioned to perform a notarial act by the secretary of state. 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
- Stamping device: means :
(a)a physical device capable of affixing to or embossing on a tangible record an official stamp; or
(b)an electronic device or process capable of attaching to or logically associating an official stamp with an electronic 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
(2)(a) On resignation from or the revocation or expiration of the notary public’s commission or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing the stamping device against use in a manner that renders the stamping device unusable.
(b)On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render the stamping device unusable by destroying, defacing, damaging, erasing, or securing the stamping device against use in a manner that renders the stamping device unusable.
(3)The notary public or the notary public’s personal representative or guardian shall promptly notify the secretary of state‘s office on discovering that the notary public’s stamping device is lost, stolen, or otherwise inaccessible to the notary public.