Key Takeaways

  • Self-notarization (notarizing your own signature) is prohibited
  • Cannot notarize when you have a financial interest in the transaction
  • Cannot give legal advice or practice law
  • Cannot use "notario" or "notario publico" unless a licensed attorney
  • Cannot represent others in immigration matters unless authorized
Last updated: January 2026

Prohibited Acts for Montana Notaries

Montana law (MCA 1-5-625) prohibits notaries from engaging in certain activities that could harm the public or undermine the integrity of notarial acts.

Self-Notarization

A notary may NOT notarize their own signature.

ScenarioAllowed?
Notarizing your own affidavitNO
Notarizing a document you signedNO
Notarizing your spouse's signatureDiscouraged (potential conflict)
Notarizing for your employerSituational (see below)

Conflicts of Interest

A notary may NOT notarize when they have a direct financial or beneficial interest in the transaction.

What Creates a Conflict

SituationReason
You are a party to the documentDirect interest
You will benefit financiallyFinancial interest
You are named as a grantee, beneficiaryDirect interest
Transaction affects your propertyFinancial interest

Employer Situations

If you are a partner, stockholder, director, officer, or employee of a company:

  • You MAY notarize for the company's customers/clients
  • You MAY NOT notarize documents where you are individually named
  • You MAY NOT notarize if you sign as a representative AND notarize the same document

Unauthorized Practice of Law

A notary commission does NOT authorize you to:

Prohibited ActivityWhy
Draft legal documentsPractice of law
Give legal advicePractice of law
Explain legal termsCould be construed as advice
Recommend document languagePractice of law
Select which notarial act to useMay be legal advice

Required Disclosure

If you are NOT an attorney licensed in Montana, you must use this statement (or SOS-approved alternative):

"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."

Immigration Services Prohibition

A notary commission does NOT authorize you to:

Prohibited Activity
Act as an immigration consultant
Act as an expert on immigration matters
Represent persons in immigration proceedings
Give advice on immigration or citizenship
Use "notario" or "notario publico" (unless licensed attorney)

Background: In some countries, a "notario" is a licensed attorney. Using this term can mislead immigrants into thinking the notary can provide legal services.

On the Exam

  • No self-notarization: Cannot notarize own signature
  • No financial interest: Cannot benefit from transaction
  • No legal advice: Even simple explanations can be UPL
  • No "notario": Unless you are a licensed attorney
  • No immigration advice: Cannot assist with immigration matters
Test Your Knowledge

A customer asks the notary to explain what a power of attorney means. What should the notary do?

A
B
C
D
Test Your Knowledge

When is a Montana notary prohibited from performing a notarization?

A
B
C
D
Test Your Knowledge

Why is a Montana notary prohibited from using the term "notario publico"?

A
B
C
D