SAVE THE DATE!
The 2024 Biennial Montana Notary Conference will be held on August 15 – 16, 2024, in Helena and you won’t want to miss it, so mark your calendars NOW!!!!
We keep promising that this one will be bigger and better than ever, and we really mean it – more education, more networking, more resources, and more fun! Montana is the only state that hosts a conference of this type for notaries. The 2024 Conference will be the sixth one and we are expecting over 350 notaries to attend.
The Montana Notary Conference is designed to bring you the kind of in-depth learning experience that will make you a more knowledgeable, more confident, and more successful notary. Nationally recognized experts from around the country and the state will be in Helena next summer to share their wisdom and skills with you during this two-day event.
If you’ve been to one of these conferences before, you know it’s an extraordinary opportunity to meet the stars in the notary universe as well as to get to know the Montana SOS Notary Team and fellow Montana notaries. If you haven’t had the opportunity yet to be a part of a Montana Notary Conference – you don’t want to miss out on this one!
Details and more information about the speakers, presenters, and sessions will be available on our 2024 MT Notary Conference webpage soon. Registration for the Conference will open in January.
UPDATE ON RON PROVIDERS
Remote Online Notarization – RON - is evolving from a novelty into standard practice, but there are still many questions and concerns facing notaries who are deciding if, or how, technology-based notarization is a viable option for them. There are several developments that notaries need to know about and consider when evaluating the options for online notary services.
One of the most concerning developments that we see is the use of electronic signature platforms for electronic notarization platforms. The two are not the same, and Montana notaries must be aware that using a platform that has not been approved for online notarizations is a violation 1-5-622, MCA:
“Authority and requirements to refuse to perform notarial act. (3) A notary public shall refuse a request that would require the notary to: … (b) use an electronic notarization system or communication technology that does not meet the requirements of this part or standards adopted by rule.”
The secretary of state’s office has published a list of approved online notarization platforms on our website. Before signing up with a platform, you should check to verify that the platform has indeed been approved for use by Montana notaries. You should be aware that some platforms offer both an eSigning platform and an eNotarization platform. Be sure that you only use the authorized eNotarization platform for providing notarial services.
Another issue we have found with at least two of the approved platforms is that the electronic seals they provide are not compliant with Montana notary stamp requirements. One of them inserts the company’s name in the stamp and the other uses the notary’s county as the city of residence. The providers will re-issue the electronic stamps if you notify them about the problem. Regardless of the platform chosen, always check to make sure your stamp is 100% correct before using it (this applies to traditional ink stamps too!).
Finally, we are noticing that notaries may have unrealistic expectations of the services that online platforms can or will provide. Many notaries have been drawn to the profession as a means of producing additional income or starting their own business. We see notaries signing up with platforms thinking that they will be receiving a substantial number of requests for notarizations from the platform, only to be disappointed when they don’t seem to get the opportunities they thought they would get. There are very few platforms that have created a business model that supplies contracted notaries with a significant amount of work. If you are searching for this type of program, you must be diligent in determining the volume of calls the platform will actually provide. Otherwise, they are making money from you (your monthly subscription fee) rather than for you.
As Remote Online Notarization has expanded over the past four years, there are a few realities that are more evident than ever before:
- Implementing technology into the notarial process is complicated. Be prepared to invest a substantial amount of time learning and understanding all the digital tools involved.
- Become an expert in troubleshooting compatibility and interoperability between the hardware, software, and your customers using the systems.
- Be sure you really understand your chosen platform(s) capabilities and limitations.
- The ultimate responsibility for an error-free, compliant, legal notarization lies with the notary – not the platform.
MONTANA LEADS THE WAY WITH ELECTRONIC APOSTILLES
The Montana Secretary of State’s Notary & Certifications Division has been participating in a model program for the issuance of electronic Apostilles (eAps) in keeping with the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (The Hague Apostille Convention).
Notarized documents that originate in one country, but are intended for use in another, must be certified by the Secretary of State’s office before they will be considered valid, legal documents in the receipting country. Countries that are members of The Hague Convention have adopted a one-step process using an Apostille to confirm the authenticity of the document. While the Apostille process has streamlined the original authentication process used for non-member countries, it can still be a cumbersome, time-consuming, frustrating, and expensive procedure. With the expansion of electronic notarization and increasing need for faster and more efficient ways to conduct international business transactions, the interest in electronic Apostilles is expanding world-wide. At this time, there are 20 countries that issue eAps; Montana is the only state in the U.S. that has been involved in the program so far, although there are four more states expected to join the project within the next few weeks.
The Montana Notary & Certifications Division has successfully completed the initial phase of the electronic Apostille (eAp) Pilot Project having issued over 150 eAps on documents being sent to, and accepted by, over 14 different countries since February of this year. Most gratifying are the stories behind some of these transactions. Here’s one of our favorites:
A young lady was in Spain and her visa had expired. She had to submit a certified (Notarized and Apostilled) copy of her FBI Background report to get her visa extended – a paper process that normally takes up to 14 weeks. While she waited, she was not allowed to attend school, work, leave the country, or use any government services – a situation that had her mother very upset. Using the electronic FBI Report (which she had already received), a certification of a copy of an electronic record, and an eApostille, the required document was processed and sent to the Spanish Foreign Ministry in less than 4 hours! Her visa extension was approved immediately to everyone’s obvious relief.
Although notaries generally don’t request Apostilles directly, the notarizations that you perform on documents that your customers will be sending abroad are a critical element in the transaction. If the notarial certificate is not completed correctly and in compliance with Montana law, the document cannot be certified – adding to the time, cost, and frustration of the Apostille process. If you learn that a document you have been asked to notarize is going to need an Apostille, make certain that you have completed the notarization perfectly. And if you discover that your customer is dealing with a short timeframe, contact our office to see if a Montana issued eAp would be the perfect solution to the situation.
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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