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Notary Requirements for Montana: 2025 Updated

by Ben Camerota
Vibrant wildflower meadow in Glacier National Park, Montana, with towering snow-capped mountains and lush green valleys under a partly cloudy sky.

This guide details becoming a Montana Notary Public and renewing a commission, based on official state sources as of May 2025. It covers eligibility, application, bond, seal, journal, remote notarization, and FAQs.

Eligibility Requirements

Applicants must meet these criteria:

  • Age & Citizenship: At least 18 years old; U.S. citizen or permanent legal resident.

  • Residency or Montana Connection: Montana resident OR spouse/legal dependent of active duty military personnel in MT; OR maintain a registered MT place of business; OR regularly employed at an office in MT by a registered/licensed employer; OR hold a current MT professional license.

  • Language: Able to read and write English.

  • Education & Exam: Complete at least 4 hours of approved notary education and pass the Montana Notary Exam before applying (applies to new and renewing applicants).

  • Good Character: No disqualifying history (e.g., lack of honesty/integrity, false application statements, certain criminal convictions, prior notary misconduct).

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Application Process for New Notary Commission

Montana's process is online via the SOS Notary portal (no paper submissions).

  1. Complete Required Notary Education (Training): All applicants: 4 hours of approved notary training within 12 months prior to application (renewing notaries: 4 hrs within 12 mos. OR 2 hrs/yr for 3 yrs prior). Save PDF completion certificate for upload.

  2. Pass the Montana Notary Exam: All applicants: pass online state exam (50 questions, 60 mins, 80% to pass, 3 attempts; then 3-month wait). No extra fee. Take it within 6 months of application. Save PDF exam certificate for upload.

  3. Obtain a $25,000 Surety Bond: For 4-year term. From MT-authorized surety. Cost ~$50-$70. Use the exact commission name. Standardized MT bond form includes Statement of Qualifications and Oath of Office – sign bond as principal AND sign oath before a current notary (who notarizes it).

  4. Submit Online Application: Via SOS Online Notary Portal. Create an account, log in.

    • Upload PDFs: training certificate, exam certificate, completed/signed/notarized surety bond form.

    • Name on the application must exactly match the bond.

    • Answer background questions truthfully; upload explanations if needed.

    • Pay $25 application fee online (credit/debit/eCheck).

  5. Processing & Approval: SOS reviews. Approval email sent upon issuance.

  6. Download Commission Certificate & Equip Yourself: Download Certificate of Commission from portal. Obtain notary seal (stamp) meeting MT specs and a notary journal. You cannot notarize until commission issued and tools obtained.

Surety Bond Requirements

A $25,000 surety bond is mandatory for the 4-year commission term.

  • Purpose: Protects public; compensates for financial harm from notary misconduct/negligence (up to $25k). Notary reimburses surety for paid claims.

  • Provider: MT-authorized surety company/insurer.

  • Official Form: Standardized form including Oath of Office (signed by applicant, oath section notarized).

  • Name: Must exactly match the commission name. Name change needs a bond rider.

  • Filing: Upload with online application to SOS. No county filing.

  • E&O Insurance: Optional, protects the notary personally. Not state-required.

  • Maintenance: Keep bonds in force. If canceled, cannot act as notary.

Notary Seal and Journal Requirements

Notary Seal/Stamp: Mandatory inked circular stamp (max 2½" diameter) with plain border.

  • Required Wording:

    1. Notary’s name (as on commission).

    2. “Notary Public for the State of Montana.”

    3. “Residing at [City], [State]” (city/state of notary’s residence).

    4. Commission expiration date (month, day, year).

    5. Montana state seal image in the center.

  • Quality: Must be legible and reproducible.

  • One Commission, One Seal: New seal for each term (due to new expiration date) or if name/city changes.

  • Security: Keep secure. Notify SOS promptly if lost/stolen. Disable/destroy upon commission end or if seal becomes incorrect.

Notary Journal: Mandatory for every notarial act, recorded contemporaneously.

  • Format: Paper (bound, numbered pages) or electronic (tamper-evident, compliant with SOS rules).

  • Entries:

    1. Date and time of act.

    2. Type of act and document/transaction description.

    3. Name and address of each signer.

    4. Signature of each signer in the journal. (Exception for deposition transcripts/copy certifications where the person for whom the act is done doesn't sign a journal).

    5. ID method: personal knowledge OR ID details (type, serial/ID number, issue/expiration date).

    6. Fee charged (if any).

  • RON Entries: Note use of communication technology, platform used, recording storage location.

  • Custody/Retention: Retain for 10 years after last entry. Remains notary's property (not employer's, unless agreement allows employer retention and SOS notified).

  • End of Commission: Inform SOS where journals will be kept for retention. If a notary dies/incompetent, the personal representative sends journals to SOS.

  • Lost/Stolen: Notify SOS within 30 days.

Oath of Office and Recording the Commission

  • Oath: Integrated into the standardized surety bond form. Applicant signs this section ("Notary Public Statement of Qualifications and Oath of Office") before a current notary, who notarizes it.

  • Recording: Upload completed bond/oath with online application. No separate county recording needed; SOS handles centrally. Commission Certificate (downloadable) is official proof.

Commission Term and Expiration

  • Term: Four (4) years from issuance date (on certificate and stamp).

  • Renewal: Begin 30 days before expiration.

  • Grace Period (for application): 30-day grace after expiration to submit renewal. Cannot notarize if expired.

  • Lapse: If not renewed within 30-day grace, apply as new.

  • End of Commission: Stop notarizing, destroy seal, ensure journal retention (notify SOS of location).

  • Jurisdiction: Statewide. Also allowed for tangible docs in WY & ND if physically present there. RON: notary must be in MT.

Commission Renewal Process

Essentially repeating the initial process every four years.

  1. When to Renew: Up to 30 days before expiration (recommended). 30-day grace period for submitting renewal (cannot notarize if expired).

  2. Education: 4 hours approved CE (or 2 hrs/yr for 3 yrs) within 12 months prior.

  3. Exam: Pass MT Notary Exam again (within 6 months of renewal app).

  4. New Bond: New $25,000 bond for next 4-year term (with new notarized oath).

  5. Online Renewal Application: Via SOS Notary Portal. Update info. Upload new training/exam certs, new bonds/oaths. Pay a $25 fee.

  6. Approval & New Commission: Download new certificate.

  7. New Seal: Required due to new expiration date (and commission number if it changes). Destroy old seals.

  8. Journal: Continue or start new; ensure proper retention of old one.

Remote Online Notarization (RON)

Authorized in Montana (effective Oct 1, 2019 / July 1, 2020).

  • Types: RON (e-docs, e-signatures) and RIN (Remote Ink Notarization for tangible paper docs).

  • Notary Location: Must be physically in Montana.

  • Signer Location: Anywhere (for RON).

  • Technology: Use secure audio-video platform meeting MT standards (recording, credential analysis).

  • ID Verification (if not personally known): Multi-factor (credential analysis of ID + KBA or other secondary method).

  • Electronic Seal/Signature (RON): Use electronic version of seal (same design as ink) and e-signature. Platform must ensure tamper-evidence.

  • Audio-Video Recording: Mandatory for each remote session. Retain for 10 years. Journal notes recording details.

  • Certificate Wording: Must indicate remote notarization and signer location if outside MT.

  • No Separate RON Commission: Indicate intent to perform RON on application/update.

  • Fees: "Reasonable fee" for RON in addition to regular notary fees, by prior agreement.

Official Resources

  • Montana SOS – Notary Services Division: sosmt.gov/notary (portal, handbook, laws, forms, approved trainers/vendors).

  • Notary Online Portal: biz.sosmt.gov (applications, renewals, updates).

  • Montana Notary Public Handbook (updated 2021): PDF on SOS website.

  • Montana Code Annotated (MCA): Title 1, Chapter 5, Part 6 (notary laws).

  • Administrative Rules of Montana (ARM): Chapter 44.15.x (notary rules).

  • Contact Notary Office: Phone (406) 444-1877; Email [email protected] Mail: MT SOS, Notary Services, MT Capitol Bldg, Rm 260, Helena, MT 59620.

Frequently Asked Questions (FAQ)

Q: How do I apply to become a notary in Montana?

A: Complete 4 hrs approved training, pass state exam, get $25k bond (with notarized oath). Apply online via SOS portal, upload certs/bond, pay $25 fee.

Q: How do I renew my notary commission in Montana?

A: Same as new: 4 hrs CE, pass exam, new $25k bond/oath. Renew online, upload docs, pay $25. Apply up to 30 days pre-expiration or within 30-day post-expiration grace (cannot notarize if lapsed).

Q: Is a notary bond the same as insurance?

A: No. $25k bond protects the public (notary reimburses surety). Errors & Omissions (E&O) insurance (optional) protects notaries.

Q: Do I have to keep a notary journal? What do I do with journals after my term ends?

A: Yes, mandatory for all acts. Retain 10 years after last entry. Upon ceasing as notary, store securely or arrange transfer with SOS. Report lost/stolen journal to SOS within 30 days.

Q: What are the requirements for the notary stamp (seal) in Montana?

A: Circular ink stamp (max 2½"), plain border. Must include: MT state seal image, name, "Notary Public for the State of Montana," "Residing at [City], [State]," and commission expiration date.

Q: Can I perform notarizations anywhere in Montana, or only in my home county? What about in other states?

A: Statewide in MT. Also for tangible docs if physically in WY or ND. RON: Notary must be in MT, signer anywhere.

Q: Can I notarize a document for a family member or my spouse?

A: Law doesn't forbid if there is no direct beneficial interest. Caution advised for immediate family/spouse; best to use unrelated notary for important family docs.

Q: What is the maximum fee I can charge for notarizations in Montana?

A: Max $10 per traditional act. Travel fee (federal mileage rate) by agreement. RON: "Reasonable fee" by agreement, plus regular notary fees. Display fee schedule if charging.

Q: How do I change my name or address on my notary commission?

A: Notify SOS within 30 days via online portal.

  • Name change: Get bond rider, upload with update. New seal needed.
  • Address change: Update online. New seal if the residing city changed (as it's on seal). No fee for updates.

Q: What if my notary seal or journal gets lost or stolen?

A: Promptly notify SOS. For lost/stolen seals, get replacement. For lost/stolen journals, notify SOS within 30 days.

Always rely on official Montana SOS resources for the most current information.

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