Ethics and Professional Conduct Flashcards
7 cards from real MT NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 7 Ethics and Professional Conduct flashcards as text
A Montana notary is asked to certify that a photocopy of a birth certificate is a true copy. What should she do?
Answer: Decline, because vital records copies must come from the issuing agency
Publicly recorded documents like birth certificates cannot be copy-certified by a notary; certified copies must be obtained from the record custodian.
A signer completes an affidavit but refuses to raise a hand or verbally respond to the oath. For a jurat, the Montana notary should:
Answer: Not complete the jurat until the signer makes an oath or affirmation in some form
A jurat certifies that an oath or affirmation was actually administered, so the notary cannot sign it without one.
A Montana notary notices her adult son will receive a commission payment from a contract she is asked to notarize for a third party. She should:
Answer: Evaluate whether she has a direct beneficial interest and decline if so, or refer to another notary to avoid impropriety
Even where not strictly prohibited, notarizing where a close family member benefits creates an appearance of partiality best avoided by referral.
A lender asks a Montana notary to notarize signatures on a mortgage dated next week, 'to save a second trip.' The notary should:
Answer: Refuse, because the notarial certificate must state the actual date of notarization
Postdating or leaving the certificate date blank falsifies the official record of when the notarization occurred.
Which situation best demonstrates a Montana notary maintaining impartiality?
Answer: Notarizing for both parties to a contract while having no stake in the transaction
Impartiality means serving all parties equally without personal interest or favoritism, not screening customers by personal views.
A Montana notary suspects the document she is being asked to notarize will be used to defraud an elderly person. She should:
Answer: Refuse to notarize, since a notary may decline acts she believes are fraudulent or unlawful
A notary must not knowingly facilitate a fraudulent or unlawful transaction and may refuse in such circumstances.
A Montana notary's stamp is stolen from her car. Her ethical and legal obligation is to:
Answer: Promptly notify the Secretary of State about the loss or theft
A lost or stolen stamp must be reported promptly to the Montana Secretary of State to guard against fraudulent use.