Bulletin: MT2021002

Date:
August 25, 2021
To:
All Montana Issuing Offices
RE:
UNDERWRITING - Montana RON Bulletin

Dear Associates:

The Montana Legislature has adopted a version of the Revised Uniform Law On Notarial Acts (“RULONA”) which allows for Remote Online Notarization. Pursuant to RULONA, the Montana Secretary of State’s Office has established various rules that regulate the process of Remote Online Notarization in Montana. The full Secretary of State Rules can be found here.

Stewart issuing offices in Montana may choose to conduct Remote Online Notarizations subject to existing Stewart policies and procedures, including, but not limited to Bulletins SLS2020003 and SLS2020004. Any such Remote Online Notarizations must fully comply with the Montana statute and regulations including the conditions below. Please note that the conditions below only relate to Remote Online Notarizations conducted under Montana’s statute. Montana issuing offices may continue to accept and rely upon Remote Online Notarizations performed in compliance with Montana statutes or statutes in other states.

  • Individuals that intend to conduct Remote Online Notarizations must be Montana notaries that have notified the Montana Secretary of State of their intention to conduct Remote Online Notarizations and who have successfully completed the required training course and examination.
  • The notary must use a technology platform that is approved by the Montana Secretary of State and which complies with the Secretary of State Rules linked above. A current list of Secretary of State approved technology platforms is available here.
  • The technology platform must be approved by Stewart Title Guaranty Company. A current list of Stewart approved technology platforms is available on the Virtual Underwriter RON Resources Page.
  • The notary must be physically located in the State of Montana at the time of the notarial act.
  • The notarial act must relate to property located in the State of Montana.
  • The certificate of notarial act must indicate that the notarial act was performed using audio-video communication technology.
  • The notary must comply with the Montana statutory requirements regarding the audio-video recording of the notarial act and the secure storage of the recording for a full ten (10) years.
  • The notary must maintain an electronic journal documenting each Remote Online Notarization, the technology platform used and the storage location of the audio-video recording.

This Bulletin is not intended to direct an issuing office’s closing practices or change the provisions of any underwriting agreement. 

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None