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Tools of the Trade
As a notary, what is your most important and valuable tool? Your stamp? Your bond? The Montana Notary Handbook? The Montana Secretary of State’s Notary Website? How about your notary journal?
A case decided by the Supreme Court in the early 1800s recognized the importance and value of a properly created and preserved notarial journal in correcting a deficient notarial certificate. A recent case in Montana found that such a journal could also be evidence that a notarization did not take place. A well-kept journal is protection and proof to confirm that a notarization was done correctly or incorrectly while solidifying that a notary performed a notarial act with “reasonable care.”
Montana began requiring notaries to “keep and maintain a record of all notarial acts” in 2009. The primary purpose of a notary journal is to provide evidence to protect the notary and the integrity of the notarial acts memorialized in the journal. The journal record is the only proof a notary has to show that the signer “personally appeared” to the notary; the signer was properly identified; and substantiates the date, time, and type of notarial act performed by the notary. If a notary is challenged about a notarization, the journal is considered prima facie evidence of the details of the transaction.
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The 2019 notary laws contain some significant changes about notary journals that notaries need to know:
- The law clarifies that your journals are your responsibility, and you must keep all of them in your possession while you hold an active commission. Once a journal is filled, you must keep it in a secure location where you have direct access. Journals must be stored for 10 years from the date of the last entry; after that they may be destroyed.
- You may leave a copy of your journal(s) with your employer if you leave your employment and you performed notary work as part of your job, but you must still retain the original journal yourself.
- When you resign your commission or choose not to renew it you have two options: Keep the journal(s) yourself or contact the Notary staff for available options.
- You must not record a social security number, passport number, driver’s license number, or birth date in your journal, but you may include information descriptive of the record, including the number of pages in a document, whether the document was written in a foreign language, or other information pertaining to the record that is not otherwise prohibited by law or rule.
- Any person may inspect or obtain a copy of an entry in your journal if they submit a written request with details of the transaction. You should only allow them to see the entry in question. You may refuse the request if you feel that the request may be for an illegal purpose.
Protect your journal. Never allow anyone else to use your journal or to have unauthorized access to it. All notarial acts, including online transactions, must be memorialized in your journals. More information about requirements and best practices can be found in §1-5-618, Montana Code Annotated and the Montana Notary Public Handbook.
A notary journal is not only a required tool of the profession, but also a notary’s best friend. Your journal helps to prevent fraud, proves certain elements of a transaction, including an online notarization, and protects you from allegations of improper notarizations. Do not notarize without one!
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Notary Education Update
Since July 1, 2020, all Montana notary applicants have been required to complete four hours of approved training as a prerequisite to submitting a new or renewal application. All courses are available online, accessed through the website at the 406 Notary Academy. There are currently five general courses to choose from. The content of each course is similar and covers Montana laws, rules, ethics, and best practices for notarial services; the difference being the style of delivery. Two courses, Essential Montana Notary Education (American Society of Notaries) and Notary Fundamentals (Notary Public Underwriters) are monitored texts. Montana Notary Education (National Notary Association) and Montana Notary Course (American Association of Notaries) are based on PowerPoint presentations. Notary Public Training, (Montana Credit Union Network) is a series of recorded webinars. You can select the course that best suits your learning style. Regardless of the training course selected, all notaries must then pass the separate Montana Notary Exam.
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THE MONTANA NOTARY DEPARTMENT
Angie McLaughlin, Policy Advisor, is the head of the Notary Department. She has her degree in Political Science with an emphasis in Public Policy and Administration.
Lori Hamm, Notary Administrator, has been with the office since 2004. She is recognized nationally as a notary expert and a leader in technology-based notarization.
You can contact the Notary staff at sosnotary@mt.gov or 406-444-1877.
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The Mission of the Office of the Secretary of State is to protect the integrity of elections, be an asset to businesses and preserve official history. |
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