Are electronic signatures legal in Montana?

Montana's law in plain English

Montana's Uniform Electronic Transactions Act became law in 2001 (Chapter 52, Laws of 2001). It's Title 30, chapter 18, part 1 of the Montana Code Annotated, sections 30-18-101 to 30-18-118. The key section is short:

The same section says a contract formed with an electronic record is still enforceable, an electronic record satisfies a writing requirement, and an electronic signature satisfies a signature requirement (§ 30-18-106(2)–(4)). Evidence can't be excluded in a proceeding just because it's electronic (§ 30-18-112).

Agreement comes first

The act applies only to transactions between parties who have each agreed to conduct them electronically. That can be shown by the context and the parties' conduct, not just a signed form (§ 30-18-104(2)). Each new transaction is a fresh choice: a party can refuse it, and § 30-18-104(3) bars waiving that right.

What Montana excludes

Under § 30-18-103(2), last amended in 2023, the act doesn't apply to a transaction to the extent it's governed by:

• Wills, codicils and testamentary trusts: the laws on creating and executing them.
• Most of the Uniform Commercial Code: Title 30, chapter 1 other than § 30-1-107, and chapters 3 through 9A. Sales (chapter 2) and leases of goods (chapter 2A) stay covered.
• Title 13, which holds Montana's election laws.

An excluded record can still be electronic if some other law governs it and allows it (§ 30-18-103(3)). And when another statute says a record must be posted, formatted or sent a certain way, you still have to follow it (§ 30-18-107(2)).

How it fits with the federal ESIGN Act

Montana businesses work under two laws at once: this act and the federal ESIGN Act, which covers e-signatures in interstate commerce (15 U.S.C. § 7001). They usually agree. One step worth adding: when a law requires you to give a consumer information in writing, follow ESIGN's consumer consent process before delivering it electronically (§ 7001(c)). Our plain-English guide shows how that process works.

Remote notarization

If a law requires notarization, an electronic notarization satisfies it when the notary's electronic signature and required information are attached (§ 30-18-110). Montana's notary law also lets a notarial officer perform remote and remote online notarizations for a signer appearing by communication technology, with identity checks approved by the Secretary of State (§ 1-5-603(10)). See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

• Make agreement explicit. An e-sign clause in your contract beats arguing about conduct later.
• Let signers keep a copy. A record the recipient can't print or store isn't enforceable against them (§ 30-18-107(3)).
• Keep the final record. Retention rules are met by an electronic record that accurately reflects the final version and stays accessible (§ 30-18-111(1)).
• Keep proof of who signed. Section 30-18-108 accepts any showing that the signature was the person's act, a security procedure among them.

For proof of who signed, SignMaster's record starts before the first signature: each signer agrees to sign electronically, and that agreement is kept with the disclosure version they saw. The completed PDF ends with a certificate of completion that puts a time on every event, and signers can download the whole file.