Montana UPL Statute Summary
Revised Uniform Law on Notarial Acts (RULONA), MCA 1-5-625, MT ST 1-5-625 - Prohibited acts--advertising requirements
(1) A notary public may not:
(e) advertise or represent that the notary public, unless also licensed as an attorney in this state, is able to assist persons in drafting legal records, give legal advice, or otherwise practice law. To meet the requirements of this subsection (1)(e), advertising must include the statement provided in subsection (4).
(g) unless the notary public is an attorney licensed to practice law in this state, use the term "notario" or "notario publico".
(3) A commission as a notary public does not authorize an individual to:
(a) assist persons in drafting legal records, give legal advice, or otherwise practice law;
(b) act as an immigration consultant or an expert on immigration matters;
(c) represent a person in a judicial or administrative proceeding relating to immigration to the United States or United States citizenship or related matters; or
(d) receive compensation for performing any of the activities listed in this subsection (3).
(4)
(a) A notary public who is not an attorney licensed to practice law in this state shall provide in advertising or other representations regarding an offering of notarial services, whether oral or written, used in broadcast media, print media, or on the internet a statement as provided in subsection (4)(b) or an alternate statement authorized or required by the secretary of state. The statement must be prominently displayed and in each language used in the advertisement or representation. If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of its size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(b) To meet the requirements of subsection (4)(a), a notary public who is not an attorney licensed to practice law in this state shall use either an alternate statement authorized or required by the secretary of state or the following statement:
"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."
Montana Code Ann. §37-61-210, Penalty for Practicing Without a License
If any person practices law in any court, except a justice's court or a city court, without having received a license as attorney and counselor, he is guilty of a contempt of court.
Enforcement Mechanisms/Complaint Processes for UPIL
Victims may file a complaint with the Montana Department of Justice’s Office of Consumer Protection. One may file it online here, or by mail. The website can be accessed here.
Reporting Ineffective Assistance of Counsel
To file a grievance, you must contact the Office of Disciplinary Counsel for the State of Montan and submit this form.
Contact Information for Relevant Agencies
Notary Public Information:
Certification and Notary ServicesP.O. Box 202801
Helena, MT 59620-2801
Tel: (406) 444-5379
Fax: (406) 444-4196
Email: sosnotary@mt.gov
Attorney General’s Office:
Office of Consumer ProtectionP.O. Box 200151
Helena, MT 59620-0151
Toll-Free: (800) 481-6896
Tel: (406) 444-4500
Fax: (406) 442-2174
E-mail: contactocp@mt.gov
Office of Disciplinary Counsel
Office of Disciplinary CounselP.O. Box 1099
Helena, MT 59624-1099.
Becoming a Notary Public
Tel: (406) 442-1648
Fax: (406) 442-2689
Becoming a Notary Public
Before submitting an application for a new notary commission be sure you meet the following qualifications:
- Be at least 18 years old;
- Be a citizen or permanent legal resident of the United States;
- Be a resident of or have a place of employment or practice in Montana;
- Be able to read and write English; and
- Not have been disqualified to receive a commission as provided in 1-5-621, MCA.
- Have satisfactorily completed certified training course.
- Obtain a Notary Surety Bond in the amount of $10,000. These are available from most Montana insurance agents, as well as through various online providers. The cost for notary bonds varies, but usually is about $50 - $70 for the four-year term of the commission.
- You also need to complete the Application, Statement, and Oath of Office for Appointment as a Notary Public.
The application can be accessed here. For more information and the Notary Public Handbook of Montana, follow this link.
