Montana Notary Complaint

State:
Montana
Control #:
MT-SKU-0129
Format:
PDF
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Description

Notary Complaint

Montana Notary Complaint is a formal complaint filed with the Montana Secretary of State's office concerning the misconduct of a notary public. This complaint is usually filed when the notary has failed to perform their duties in accordance with Montana Notary law. The Montana Notary Complaint must be in writing and signed by the complainant, and must include the notary's name, the date and location of the incident, and a description of the alleged misconduct. There are two types of Montana Notary Complaint: a Complaint Against a Notary and a Complaint for a Notary Bond. The Complaint Against a Notary is used when the notary has failed to properly perform their duties, while the Complaint for a Notary Bond is used when the notary has failed to file a bond with the Secretary of State's office.

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FAQ

(1) A notary public may not: (a) notarize the notary's own signature; (b) notarize a record in which the notary is individually named or from which the notary will directly benefit by a transaction involving the record, including as provided in subsection (2);

There are seven legally authorized notarial acts in Montana: Taking acknowledgments. Witnessing signatures. Verification upon oath or affirmation (Jurat). Administering oaths.

Can I be MT notary if I have a criminal record? As long as you are not a convicted felon and have not had a notary commission revoked in Montana or another state, you are welcome to apply to become a Notary Public.

Montana law requires notaries public to chronicle all notarial acts in a journal. A notary may keep one or more journals, and the journals may be either a permanent, bound paper journal designed to deter fraud or a permanent, tamper-evident electronic journal.

We've said it before and we'll say it again: ?RULE # 1 ? When taking an acknowledgement, witnessing a signature or performing a verification on oath or affirmation (jurat), the signer must personally appear to the notary at the time the notarization takes place.? Montana law defines personal appearance as either

Can I notarize my spouse's or other family member's signature? As long as you are not named in, or a direct beneficiary of, the transaction referenced in the document being signed, the law permits a notary to notarize for family members.

More info

If you suspect a Notary of misconduct or fraud, you should contact your state Notaryregulating agency or local law enforcement. Use this form to file a complaint.Please send your complaint to the Department of Consumer Protection in writing using one of the forms below. If you believe a licensee has committed a crime, you should contact law enforcement. The Human Rights Law now provides that complaints can be either signed with a declaration under penalty of perjury, or signed under oath before a notary. Please include an attached copy of the Notarial Act(s), including the Notary Public's Stamp. However, you also need to complete the notarial wording. Please complete this form and submit to the following address: Delaware Secretary of State. This office will not open a complaint file relating to the allegations until the complaint form is properly completed and returned to this office. The notary public must complete and sign the notarial certificate.

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Montana Notary Complaint