Montana e-signature and notarization law

Montana's electronic signature law: the Uniform Electronic Transactions Act (Mont. Code Ann. § 30-18-101 et seq. (title 30, ch. 18, part 1)). Electronic signatures are also valid under the federal ESIGN Act for most transactions. Some documents are excluded, such as wills, divorce and adoption documents, court orders and certain official notices.

The fuller federal list is in our guide to e-signing in the United States.

What Montana's e-signature law does not cover

Mont. Code Ann. § 30-18-103 says the part does not apply to transactions governed by:

  • Laws on making and executing wills, codicils and testamentary trusts.
  • Title 30, chapter 1, other than 30-1-107, and chapters 3 through 9A of title 30.
  • Title 13 of the Montana Code.

How Montana's law treats electronic records

Section 30-18-106 holds Montana's writing rule: if a law requires a record to be in writing, an electronic record satisfies the law.

Remote online notarization in Montana

Remote online notarization: allowed in Montana.

Montana's notary law says a person shall appear physically before the notarial officer, or by communication technology as authorized in § 1-5-615. Under § 1-5-603, a notarial officer may perform a remote notarization or remote online notarization for a principal located in the places the section lists, as long as the officer is physically located in Montana when the act is performed.

Before notarizing this way, a notary must notify the Secretary of State that the notary will be performing notarial acts using the electronic notarization system or the communication technology.

Montana spells out how the session runs. The officer executes the act in a single recorded session, must be satisfied the technology's quality is good enough for the determinations the act needs, and takes reasonable steps so that everyone views the same record and all signatures and changes are made in real time.

For a principal appearing by video, the officer identifies the person by two or more different types of technologies, processes or services approved by the Secretary of State. A passport, driver's license or government-issued nondriver ID may be current or expired, but not expired by more than 3 years.

An act performed this way is considered performed in Montana and governed by Montana law, wherever the principal is. Before a first such act, the notary completes an approved course and passes an exam, and nobody may require an officer to use an electronic notarization system the officer has not selected.

SignAndGo doesn't notarize documents. A commissioned notary does that, using a remote notarization platform where the state allows it.

Where to read Montana's law

  • Electronic signatures: Mont. Code Ann. § 30-18-101 et seq. (title 30, chapter 18, part 1), exclusions at § 30-18-103.
  • Remote notarization: Mont. Code Ann. § 1-5-603, with § 1-5-615.

Checked against Montana's published law on November 2, 2026. This is general information, not legal advice.

Frequently asked questions

Where must a Montana notarial officer be for a remote online notarization?
Physically located in Montana at the time the notarial act is performed.
Who does a Montana notary notify before notarizing by communication technology?
The Secretary of State, under Mont. Code Ann. § 1-5-615.
Can an expired ID be used for a Montana notarization?
Yes, within limits. Mont. Code Ann. § 1-5-603 accepts a passport, driver's license or government-issued nondriver ID that is current or expired by no more than 3 years.
Which law governs a Montana remote notarization for someone in another state?
Montana law. The act is considered performed in Montana regardless of where the principal is physically located.

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