1-5-603. Notarial acts. - Montana Statutes

     1-5-603. Notarial acts. (1) In taking an acknowledgment, the notarial officer shall determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument.
     (2) In taking a verification upon oath or affirmation, the notarial officer shall determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified.
     (3) In witnessing or attesting a signature, the notarial officer shall determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named in the instrument.
     (4) In certifying or attesting a copy of a document or other item, the notarial officer shall determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied.
     (5) (a) In making or noting a protest of a negotiable instrument, the notarial officer shall identify the instrument and certify either:
     (i) that due presentment has been made; or
     (ii) the reason why it is excused and that the instrument has been dishonored by nonacceptance or nonpayment.
     (b) The protest may also certify that notice of dishonor has been given to all parties or to specified parties.
     (6) A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person is:
     (a) personally known to the notarial officer;
     (b) identified upon the oath or affirmation of a credible witness personally known to the notarial officer; or
     (c) identified on the basis of a current identification document or documents that show a photograph and signature of the person.

     History: En. Sec. 3, Ch. 192, L. 1993; amd. Sec. 10, Ch. 161, L. 2001.