Montana Code 1-5-631. Evidence of authenticity of notarial act for record sent to foreign country
1-5-631. Evidence of authenticity of notarial act for record sent to foreign country. (1) The authenticity of the official seal and signature of a Montana notarial officer may be evidenced by a certificate of authority from the secretary of state confirming the authority of a Montana notarial officer to perform a notarial act on a record that will be sent to a foreign country. The certificate must be in a form prescribed by the Hague Convention of October 5, 1961, or in a form approved by the United States department of state.
Terms Used In Montana Code 1-5-631
- 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
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A certificate of authority may not be issued for a record that is intended for use within the United States, including its territories, or by a federally recognized tribe.
(3)The secretary of state may refuse to issue a certificate of authority if the secretary of state has reason to believe that the record may be used within the United States, including its territories, or by a federally recognized tribe, or for any unlawful, fraudulent, or improper purpose.