Key Takeaways

  • Montana authorizes 10 types of notarial acts under MCA 1-5-602
  • Three new notarial acts were added in 2019: Certification of Fact, Life, and Photograph
  • Montana notaries can now solemnize marriages
  • Each act has specific requirements and certificate wording
  • Maximum fee is $10 per notarial act
Last updated: January 2026

Types of Notarial Acts in Montana

Under Montana Code Annotated (MCA) Title 1, Chapter 5, Part 6, notaries public may perform various notarial acts. The 2019 Legislature significantly expanded the types of acts Montana notaries can perform.

Authorized Notarial Acts

Notarial ActDescription
AcknowledgmentSigner declares they signed voluntarily
Oath/AffirmationVerbal pledge to tell the truth
Verification on Oath (Jurat)Sworn statement that document contents are true
Signature WitnessingNotary witnesses signer execute document
Copy CertificationCertifies copy matches original
Transcript CertificationCertifies deposition/affidavit transcript
Protest of Negotiable InstrumentNotes dishonor of negotiable instrument
Certification of FactVerifies facts from records (NEW 2019)
Certification of LifeCertifies person is alive (NEW 2019)
Certification of PhotographCertifies photograph accuracy (NEW 2019)

Additional Authority

Montana notaries are also authorized to:

  • Solemnize Marriages — Added in 2019 legislation
  • Perform Remote Online Notarizations (RON) — Using approved technology platforms

Personal Appearance Requirement

Rule #1: For acknowledgments, signature witnessing, and jurats, the signer must personally appear before the notary at the time of notarization.

Personal appearance means:

  • Physical presence — Signer is in same location as notary, OR
  • Remote presence — Real-time, two-way video and audio communication (for approved RON acts)

Fee Structure

Act TypeMaximum Fee
All standard notarial acts$10 per act
Remote Online Notarization (RON)Reasonable fee by agreement
Travel feesFederal mileage rate by agreement

On the Exam

  • 10 notarial acts: Know all authorized acts
  • 3 new acts (2019): Certification of Fact, Life, and Photograph
  • $10 maximum: Standard fee for most acts
  • Personal appearance: Required for acknowledgments, jurats, signature witnessing
Test Your Knowledge

Which of the following notarial acts was added to Montana law in 2019?

A
B
C
D
Test Your Knowledge

What is the maximum fee a Montana notary may charge for a standard notarial act?

A
B
C
D