Mixed Deck — All MT NOTARY Topics Flashcards

Which element does Montana require the notary to confirm at the START of a remote online notarization recording?

Answer: The identity of the participants and the type of notarial act being performed

The recorded session should document who is participating, their identities, and the nature of the records and notarial act performed.

Which of the following is a valid form of identification for satisfactory evidence of identity in Montana?

Answer: An unexpired passport or state driver's license

Montana accepts current government-issued identification such as a passport or driver's license containing a photograph and signature.

What is a notary’s responsibility regarding the confidentiality of the information contained in a notarized document?

Answer: The notary must keep all information in the notarized document confidential, except when required by law to disclose it.

Notaries public are entrusted with sensitive information contained in the documents they notarize. Therefore, they have a strict responsibility to maintain the confidentiality of this information. This duty means they cannot disclose the contents of a notarized document to unauthorized parties, unless specifically required to do so by a court order or other legal mandate.

A signer offers his employee badge from a large private hospital, complete with photo and signature. Why does this fail as primary identification?

Answer: It was issued by a private employer, not a government

Acceptable identification documents must be government-issued; private employer credentials do not qualify.

Under Montana's Revised Uniform Law on Notarial Acts, how long may an otherwise acceptable identification document be expired and still serve as satisfactory evidence of identity?

Answer: Not more than 3 years before the notarial act

Montana law accepts a passport, driver's license, or government-issued ID that is current or expired not more than 3 years before the notarial act.

A court subpoenas a Montana notary's journal in a fraud lawsuit. The notary should:

Answer: Comply with the lawful subpoena, producing the journal or certified copies as directed

Journals are subject to lawful subpoena, and the notary must comply while otherwise safeguarding the record.

Which document is specifically listed in Montana law as satisfactory evidence of a signer's identity?

Answer: An unexpired or recently expired U.S. or foreign passport

A passport, driver's license, or government-issued nondriver ID card, current or expired within 3 years, is expressly satisfactory evidence.

Under Montana law, what must a notary do before taking an acknowledgment from a signer?

Answer: Verify the signer's identity and confirm the signature is willingly made

For an acknowledgment, the notary must identify the signer and confirm the person acknowledges signing the record willingly for its stated purpose.

A signer presents a Costco membership card with a photo as her only identification. What should the Montana notary do?

Answer: Decline it because it is not government-issued identification

Satisfactory evidence of identity requires government-issued identification or other statutory methods, not a private membership card.

In a Montana jurat (verification on oath or affirmation), when must the document be signed?

Answer: In the notary's presence at the time of notarization

A jurat requires the signer to sign in the notary's presence and take an oath or affirmation that the contents are true.

A credible witness used to identify a signer in Montana must:

Answer: Personally know the signer, be personally known to the notary or properly identified, and take an oath

A credible witness must know the signer, be identifiable to the notary, and swear to the signer's identity.

Maria's Montana notary commission expires next month. To continue notarizing without interruption, she should:

Answer: Apply for a new commission before her current one expires

A notary must complete the renewal application process before expiration to avoid a gap in authority.

Where should a Montana notary record how a signer was identified for a notarial act?

Answer: In the notary's journal entry for that act

Montana notaries must keep a journal, and each entry should describe the method of identification used.

A signer arrives with a document already signed at home and asks for an acknowledgment. What should the Montana notary do?

Answer: Proceed, because an acknowledgment does not require signing in the notary's presence

For an acknowledgment the signer may sign beforehand but must personally appear and acknowledge the signature as their own.

After completing a notarization, the notary realizes she wrote the wrong date in the certificate. She should:

Answer: Correct it at the time of the transaction by lining through, initialing, and dating the change, or complete a new certificate

Certificate errors should be corrected transparently by the notary, never with correction fluid or by another person.

A document's pre-printed certificate says 'State of California' but the act occurs in Billings, Montana. What should the notary do?

Answer: Correct the venue to reflect Montana and the county where the act is performed

The venue must accurately state where the notarial act actually takes place, so the notary corrects it before completing the certificate.

A Montana notary discovers that a coworker has been using the notary's stamp to notarize documents. What should the notary do first?

Answer: Secure the stamp and report the unauthorized use to the Secretary of State

Only the commissioned notary may use the stamp, and unauthorized use must be stopped and reported to limit liability.

What education or examination requirement applies to a first-time Montana notary applicant?

Answer: Complete an approved training course and pass an examination before receiving a commission

Montana requires new notary applicants to complete approved education and pass an exam demonstrating knowledge of notarial law.

A church member asks the Montana notary, a fellow congregant, to notarize a will and 'make sure it's legal.' The notary may:

Answer: Notarize the signature if all requirements are met, but not opine on the will's legality

The notary may perform the notarial act but giving assurance about legal validity would be unauthorized practice of law.

Which form of identification is acceptable for a Montana notary to verify a signer's identity?

Answer: A current passport issued by the U.S. government

Montana law accepts current, unexpired government-issued identification bearing a photograph and signature, such as a passport.