Mont. Admin. r. 44.2.301 - ACCEPTANCE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES
(1) Effective early
in 2016, the business services division of the Secretary of State's office will
begin accepting business filings electronically.
(2) Electronic signatures contained in the
electronic records referenced in (1) must meet the definition set forth in
30-18-102, MCA.
(3) Any documents not filed electronically
with the business services division must be on paper or by facsimile and must
be signed by the person executing the document.
(4) Electronic signatures, as defined in
30-18-102, MCA shall be accepted
by the business services division if they meet the following criteria. The
electronic signature shall:
(a) be unique to
the person using it;
(b) either
have an electronic authentication process attached or must be logically
associated with the document;
(c)
be capable of verification so that the acceptor of the electronically signed
document can verify that the document was electronically signed by the person;
(d) be under the sole control of
the person using it; and
(e) be
linked to the data in such a manner that if the data are changed, the digital
signature is invalidated.
(5) The name and title of the person signing
digitally shall also be provided.
Notes
AUTH: 30-18-118, MCA; IMP: 30-18-117, MCA
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