Montana Code Annotated 2023

TITLE 1. GENERAL LAWS AND DEFINITIONS

CHAPTER 5. PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS NOTARIES PUBLIC

Part 6. Notarial Acts

Notarial Acts Under Federal Authority

1-5-607. Notarial acts under federal authority. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the notarial act performed under federal law is performed by:

(a) a judge, clerk, or deputy clerk of a court;

(b) an individual in the military service of the United States or performing duties under the authority of the military service if authorized to perform notarial acts under federal law;

(c) an individual designated as a notarizing officer by the United States department of state for performing notarial acts overseas; or

(d) any other individual authorized by federal law to perform notarial acts.

(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

(3) The signature and indicated title of an officer described in subsection (1) conclusively establish the authority of the officer to perform a notarial act.

History: En. Sec. 7, Ch. 192, L. 1993; amd. Sec. 7, Ch. 391, L. 2015.