Montana Code 1-5-625. Prohibited acts — advertising requirements
1-5-625. Prohibited acts — advertising requirements. (1) A notary public may not:
Terms Used In Montana Code 1-5-625
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Official record: means a record or copy of a record attested by the officer or the officer's deputy with legal custody of the record that is accompanied by a certificate that the officer has custody of the record. See Montana Code 1-5-602
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- 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
- 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
- Statute: A law passed by a legislature.
- 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
(a)notarize the notary’s own signature;
(b)notarize a record in which the notary is individually named or from which the notary will directly benefit by a transaction involving the record, including as provided in subsection (2);
(c)certify a copy of an official record issued by a public entity, such as a birth, death, or marriage certificate, a court record, or a school transcript unless the notary is employed by the entity issuing or holding the original version of the record;
(d)affix the notary public’s official signature or stamp to any record that does not contain the notary public’s completed notarial certificate, unless otherwise directed by statute or rule;
(e)engage in false or deceptive advertising;
(f)advertise or represent that the notary public, unless also licensed as an attorney in this state, is able to assist persons in drafting legal records, give legal advice, or otherwise practice law. To meet the requirements of this subsection (1)(f), advertising must include the statement provided in subsection (4).
(g)except as otherwise allowed by law, withhold access to or retain possession of an original record provided by a person that seeks performance of a notarial act by the notary public; or
(h)unless the notary public is an attorney licensed to practice law in this state, use the term “notario” or “notario publico”.
(2)A notary public who is a partner, stockholder, director, officer, or employee of a partnership or corporation and is individually named in the record or who signs a record as a representative of that partnership or corporation may not notarize the signature of any individual on that record.
(3)A commission as a notary public does not authorize an individual to:
(a)assist persons in drafting legal records, give legal advice, or otherwise practice law;
(b)act as an immigration consultant or an expert on immigration matters;
(c)represent a person in a judicial or administrative proceeding relating to immigration to the United States or United States citizenship or related matters; or
(d)receive compensation for performing any of the activities listed in this subsection (3).
(4)(a) A notary public who is not an attorney licensed to practice law in this state shall provide in advertising or other representations regarding an offering of notarial services, whether oral or written, used in broadcast media, print media, or on the internet a statement as provided in subsection (4)(b) or an alternate statement authorized or required by the secretary of state. The statement must be prominently displayed and in each language used in the advertisement or representation. If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of its size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(b)To meet the requirements of subsection (4)(a), a notary public who is not an attorney licensed to practice law in this state shall use either an alternate statement authorized or required by the secretary of state or the following statement:
“I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.”