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.

History: 30-18-118, MCA; IMP, 30-18-117, MCA; NEW, 2012 MAR p. 133, Eff. 1/13/12; AMD, 2016 MAR p. 594, Eff. 4/9/16.