Chapter 5 of 520% of exam
Prohibited Acts, Fees, and Liability
The limits that keep a Montana notary impartial and lawful: fee caps, disqualifying conflicts of interest, the ban on the unauthorized practice of law, and the consequences of misconduct.
Maximum fees
Montana caps notarial fees so the public is not overcharged for a public service.
Most notarial acts are capped at $10 per act.
A notary may charge less, or waive the fee, but never more than the cap.
Any fee charged should be recorded in the journal.
Conflicts and prohibited acts
Impartiality is the core of the office; certain acts are always off-limits.
A notary may not act when a party to the transaction or holding a disqualifying financial or beneficial interest beyond the fee.
A notary may never notarize their own signature.
A notary must refuse when the signer is absent, unidentified, unwilling, or appears coerced.
Unauthorized practice of law
A non-attorney notary must stay clear of legal advice, especially where language barriers create risk of exploitation.
A non-attorney notary may not give legal advice or select a notarial certificate for the signer.
A non-attorney notary may not advertise as a 'notario publico,' which falsely implies legal authority.
The notary may perform the notarization while declining to advise on the document's meaning or effect.
Liability and discipline
Misconduct carries real consequences that the bond does not erase.
Knowingly making a false certificate can bring civil liability, revocation, and criminal prosecution.
The Secretary of State may investigate complaints and suspend or revoke a commission.
The bond compensates the public; the notary remains personally responsible and must repay claims.