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Montana notary rules: fees for notarial acts
What the Montana Notary Public Handbook says about fees for notarial acts, as 12 exam-style questions with the answer and the exact rule.
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- What is the required amount for the surety bond or its functional equivalent that a notary public must obtain?$25,000. The statute specifies that the assurance must be in the amount of $25,000.Montana Notary Public Handbook, page 30: “obtain an assurance in the form of a surety bond or its functional equivalent in the amount of $25,000.”
- When a notary public charges an additional fee for travel, how is the maximum amount of that fee determined?It must be equal to or less than the standard mileage rates allowed by the internal revenue service. The law ties the maximum allowable travel fee directly to the IRS standard mileage rates.Montana Notary Public Handbook, page 33: “A fee charged for travel must be equal to or less than the standard mileage rates allowed by the internal revenue service.”
- What is the maximum fine and possible incarceration period for violating §1-5-632 (1)(d), MCA, by modifying a notarial certificate without proper authorization?A fine of $2,500 and possible incarceration for up to one year. The handbook specifies that unauthorized modification of a certificate results in a fine of $2,500 and possible incarceration for up to one year.Montana Notary Public Handbook, page 14: “This violation includes a fine of $2,500 and possible incarceration for up to one year.”
- How much must a person pay for each certification when requesting a certificate of authority of a record for a foreign country?$10. Section 44.15.105 sets the fee for a certificate of authority for foreign country records at $10 per certification.Montana Notary Public Handbook, page 36: “A person requesting certificate of authority of a record for a foreign country shall submit a $10 nonrefundable fee for each certification, together with a request form as prescribed by the Secretary of State.”
- What is the nonrefundable fee required when submitting an application for a commission as a notary public?$25. Section 44.15.102 specifies that the application fee is $25 and is nonrefundable.Montana Notary Public Handbook, page 36: “The applicant shall submit a $25 nonrefundable application fee.”
- When is a notary public permitted to charge an additional fee beyond the standard maximum?When performing a notarial act using an electronic notarization system or traveling to perform the act. Additional fees are specifically allowed for electronic notarizations or travel, provided certain conditions are met.Montana Notary Public Handbook, page 33: “Subject to subsections (2)(b) through (2)(d), a notary public may charge an additional fee, as provided by rule, to: (i) perform a notarial act using an electronic notarization system or communication technology; or (ii) travel to perform a notarial act.”
- Under Montana law, in which of the following situations is a notary public permitted to charge an additional fee beyond the standard notarial fee?When the notary travels to perform the notarial act. The handbook specifically lists traveling to perform a notarial act as a valid reason for charging an additional fee.Montana Notary Public Handbook, page 39: “A notary public may charge an additional fee in accordance with 1-5-626(2), MCA: (a) for traveling to perform a notarial act;”
- How does the secretary of state determine the fees collected for providing notary public education and examination?The fees are commensurate with the cost incurred by the secretary of state’s office. The law mandates that fees must match the actual costs incurred by the office, rather than being arbitrary or fixed.Montana Notary Public Handbook, page 31: “The secretary of state shall collect fees commensurate with the cost incurred by the secretary of state’s office for providing notary public education and examination.”
- What requirement applies to a notary public who charges fees for performing notarial acts?They shall display in English a list of the fees the notary public will charge. The law mandates that notaries displaying fees must show their fee schedule in English.Montana Notary Public Handbook, page 33: “If a notary public charges fees under this section for performing notarial acts, the notary public shall display in English a list of the fees the notary public will charge.”
- What is the required amount for the notary bond submitted with the application?$25,000. Section 44.15.103 specifies that the bond amount must be $25,000, distinct from the $25 application fee.Montana Notary Public Handbook, page 36: “The applicant shall submit with the application and fee, a bond on the form prescribed by the Secretary of State from an approved bonding company in the amount of $25,000 for the full four-year term of the notary commission.”
- What is the maximum fine a person may be subject to for committing an unlawful act regarding a notary's official records?$2,500. The handbook specifies that the fine for offenses under this section cannot exceed $2,500.Montana Notary Public Handbook, page 34: “A person convicted of an offense under this section is subject to a fine not to exceed $2,500, incarceration for a period not to exceed 1 year, or both, for each offense.”
- What statement must a notary public who is not an attorney use if the certificate size does not permit the standard inclusion?I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities. The handbook provides the exact verbatim statement required for non-attorney notaries when space is limited.Montana Notary Public Handbook, page 33: ““I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.””