Important Update: Corporate Transparency Act Temporarily Blocked
BOZEMAN OFFICE 406-582-8822 HELENA OFFICE 406-449-4829
GET HELP NOW!
Urgent Alert for Businesses: File Your Beneficial Ownership Information Report by Dec. 31 To Avoid Penalties

Blog

The Notary Journal

Posted on February 1st, 2021

All Montana notaries are required by law to maintain one or more journals in which all notarial acts are recorded. The journals may be either a permanent, bound paper journal designed to deter fraud or a permanent, tamper-evident electronic journal. Each journal entry must include the date and time of the notarization; the type of notarial act, a description of the document (usually the document date and type); the type of identification used; the signature, printed name, and address of the person for whom the notarial act was performed (except for certified deposition transcripts or certified copies); and the fee (if any) charged for the notarization.

Paper journals may be obtained from a local office supply store or other retailer, or they are available online from many sources. There are different formats available; you may choose whichever you prefer as long as the records are chronologically numbered and the book is designed in such a way as to deter any deletion, alteration, or modification of the pages. You may not use a loose-leaf notebook.

Electronic journals must be commercially produced and create chronological, sequential, and non-modifiable records that can be accessed upon demand and turned over in digital format to the Secretary of State’s office in accordance with §1-5-615, MCA.

Some notaries may wish to keep one journal at work and another for personal use. Others may want to use both an electronic and a paper journal. A notary will be expected to produce any and all journal records as appropriate upon request of an authorized party.

It is the notary’s personal responsibility to maintain possession of all journals created during the entire time the notary holds an active commission. A notary does not have to turn his/her journal in when the commission is renewed; one journal may, in fact, contain the records for several years if the notary does only a few notarizations.

Upon termination or resignation of the notary’s commission, the notary may choose to keep the journals or send them to the Secretary of State’s office. The law requires that journals be retained for 10 years after the last entry, regardless of where they are stored. It is the notary’s responsibility to advise the Secretary of State’s office where any records may be found. Contact Silverman Law Office if you need more information about the notary´s responsibilities, we can help you.

CONTACT US

Fill out the form below to get in touch with our legal team or call Bozeman office at (406) 582-8822 or our Helena office at (406) 449-4829 to talk to someone right away.

Silverman Law Office - Bozeman

504 W. Main St.

Bozeman, MT 59715

Get Directions
406-582-8822

Silverman Law Office - Helena

2620 Colonial Drive

Helena, MT 59601

Get Directions
406-449-4829