There are four ways in which a notarization involving a signature (acknowledgments, signature witnessings, and jurats) may be performed in Montana:ย ย Traditional, IPEN, RON, andย Remote.ย Even if you donโt plan on offering technology based notarizations, it is absolutely critical that all Montana notaries understand what each type of notarization is, what the requirements and limitations are, and generally how to properly perform each method of notarization.ย There is a great deal of misunderstanding and misuse of these terms โ they are not interchangeable and notaries must be absolutely certain that they understand specifically what each method involves and what the situation or request really requires.
Definitions and Conditions:
Traditional Notarization โย This is the type of notarization that has been done by notaries for hundreds of years, although modern technology may be involved in a traditional notarization as well.ย Generally, a traditional notarization involves:
- Physical presenceย of the signer(s) and the notary
- Paperย (tangible) document
- โWetโ signaturesย of the signer(s) and the notary (Although the signer may use a stamp to sign the document or present a digitally signed paper document for the notary to sign with a wet signature.)
- Ink impressionย of the notaryโs seal/stamp
In-Person Electronic Notarization โ IPEN โย This type of notarization, sometimes called โeNotarizationโ has been around for almost 20 years, and has been legal in Montana since 2015. ย Montana notaries must perform IPEN notarizations within the state of Montana. ย IPEN involves:
- Physical presenceย of the signer(s) and the notary
- Electronicย document
- Digital signaturesย of the signer and the notary
- Digital notary seal
Remote Online Notarization โ R.O.N. โย This type of notarization may be performed by Montana notaries beginning October 1, 2019.ย The most unique element of R.O.N. is that the signer and the notary appear to one another by means of communications technology โ live, two-way, audio-visual transmission.ย ย The notary must be physically located in Montana; the signer can be anywhere in the world. R.O.N. involves:
- Personal appearance via communication technologyย of the signer(s) and the notary
- Electronicย document
- Digital signaturesย of the signer and the notary
- Digital notary seal
Remote Notarization โย Montana is one of only two states currently that allow the remote notarization of tangible documents. ย The notary must be physically located in Montana; the signer can be anywhere in the world. Remote notarization involves:
- Personal appearance via communication technologyย of the signer(s) and the notary
- Paper (tangible)ย document, which has been signed and subsequently delivered to the notary (the notary has the actual signed document)
- Wet signaturesย of the signer and the notary
- Ink impressionย of the notaryโs seal/stamp
- Acknowledgments are the only notarial act that can be performed in this manner
Requirements for performing technology based notarizations:
Registrationย
- Notaries who wish to perform IPEN, R.O.N. or Remote Notarizations must:
- Select one or more electronic notarization systems or communication technologies
- Complete an approved course of instruction provided by the technology provider(s) or an approved third-party provider
- Pass an examination based on the course(s)
- Submit theย Notary Public Information Update formย and proof of completion of the course and examination
System Requirements
- Must provide simultaneous visual and audio transmission
- Must provide evidence of any change or tampering to a record
- Must ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures
- Signal must be live, real-time
- Transmission must be recorded
Compliant Notary Certificates for R.O.N. or Remote Notarizations
- Principal located outside the U.S. โ ยง1-5-610(9), MCA
- Principal located within the U.S. โ ยง1-5-610(10), MCA
Journal and Recording
- Must record the entire communication between signer(s) and notary (a/v file)
- Must retain sole possession of recording or transmit to an approved repository
- Must create a separate tangible or electronic journal record of transaction per ยง1-5-618, MCA
- May provide copy of a/v recording per ยง1-5-618, MCA
- May charge additional fee for copy of journal entry or a/v recording per ยง1-5-626(3), MCAย
Methods of identification for remote and remote online notarizatoins:
Montana law recognizes โpersonal knowledgeโ as the highest and best form of identification for both traditional and technology based notarizations:ย A notary who has personal knowledge of the signer does not need any further proof of identity.ย ย A credible witness may also be used for a technology based notarization, and all the requirements for a credible witness apply.ย Technology based notarizations, specifically for remote andย remote online notarizations utilize โmulti-factorโ identification using two or more different types of technologies.ย The currently approved types of identification technologies are:
- Dynamic knowledge-based authentication (DKBA)
- Public key certificate
- Identity proofing
- Credential analysis and remote presentation
- Blockchain.
These terms are defined in statute and in the glossary at the end of theย Montana Notary Public Handbook.
Notaries should be aware of the types of identification technologies, but it is actually the communications technology provider who is responsible for identifying the signer using these technologies prior to the active remote session.ย Your system provider will train you in your responsibilities for using the identification methods their system employs.ย In many, if not most of the remote transactions, the notary will not be brought into the session until the technology-based identification process has been successfully completed.ย However, the notary will most often have the opportunity to review the identification credential presented by the signer for a final ID check.
The notary has final authority to accept or deny the identification for any remote or RON transaction.
An online search feature has been made available to those who wish to contact a Montana notary. Whether registered as a Remote, RON, RIN, IPEN, or Traditional notary, you may choose the individual who best accommodates your needs by selecting the following link: Search | Official Montana Secretary of State.
The list below is provided to exemplify Montana-approved technology providers. The information shown was provided at the time of approval. Please verify all details with the chosen provider, as the business model is subject to change.
Platform
Services
Industry Limitations
Amrock
RON
Real Estate Loans
Aven
RON
Consumer Loans
Black Knight
RON
Blend Labs
RON
Finance
BlueNotary
RON, IPEN
Digital Delivery
RON, IPEN
Mortgage
DocuSign
RON
DocuVerify
RON
Epic River
RON
Finance
Escrow Tab
IPEN
Expedite
RON
Consumer Loans
Figure Technologies
RON
KYS Technologies
RON
Notarize
RON
Mortgage
NotaryCam
RON
NotaryLive
RON
OneNotary
RON
Finance
OneSpan
RON
OnlineNotary.us
RON
Snapdocs
RON
Pavaso
RON
Mortgage
Proof
RON
ProNotary
RON
Qualia
RON, RIN RON
Mortgage
Secured Signin
RON, IPEN, RIN
Signix
RON
Simplifile
RON
Stavvy
RON, IPEN, RIN
Mortgage