Identifying Signers and Credibility Flashcards

A signer appears before a Montana notary without any acceptable identification. The signer's spouse, who is also present, offers to serve as a credible witness. The notary personally knows the spouse. Which of the following is the most appropriate action for the notary to take?

Answer: Administer an oath to the spouse, have them sign the journal as a credible witness, and then complete the notarization for the signer.

In Montana, a notary may identify a signer through a credible witness if the notary personally knows the witness. The witness must be placed under oath to affirm the identity of the signer. While it is best practice for a credible witness to be a neutral party, Montana law does not explicitly prohibit a spouse from serving in this capacity, provided the notary personally knows them and properly administers the oath.

An individual presents a document for notarization and offers a valid, unexpired U.S. Military ID as proof of identity. The ID contains a photo and a signature. According to Montana law, how should the notary proceed?

Answer: Accept the military ID as satisfactory evidence of identity and proceed with the notarization.

Montana law allows a notary to accept as satisfactory evidence of identity a current, government-issued identification card that contains a photograph or a signature. A U.S. Military ID meets these requirements and is an acceptable form of identification for a notarial act.

Which of the following best defines "personal knowledge" as a method for a Montana notary to identify a signer?

Answer: Having an acquaintance with the individual through dealings over time sufficient to provide reasonable certainty of their identity.

Montana Code Annotated 1-5-603(12)(a) defines personal knowledge as being "personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed." This implies a relationship built over time, not a brief or casual acquaintance.

A signer presents a Montana driver's license that expired one week ago. The photo is a clear likeness of the individual. What is the correct action for the Montana notary?

Answer: Refuse to accept the expired license and request a current, valid form of identification.

Montana law requires that identification used to verify a signer's identity must be current. An expired driver's license, regardless of how recently it expired, is not considered current and is therefore not acceptable as satisfactory evidence of identity.

A notary is asked to notarize a signature for an elderly man who seems confused about the document's content and appears to be under pressure from a family member who is present. The notary's primary responsibility in this situation is to:

Answer: Refuse to perform the notarization until the notary is confident the signer is aware, willing, and not under coercion.

A notary's role extends beyond just identifying the signer. A notary must also determine that the signer understands the document they are signing and is doing so willingly. If there are any signs of confusion, lack of awareness, or coercion, the notary must refuse to proceed to protect the signer and the integrity of the transaction.

When identifying a signer in Montana, which of the following is NOT an acceptable method?

Answer: Presentation of a valid birth certificate combined with a signed credit card.

The acceptable methods for identifying a signer in Montana are personal knowledge, satisfactory evidence in the form of a current government-issued ID with a photo or signature, or the oath of a credible witness. A birth certificate lacks a photo and physical description, and a credit card is not a government-issued identification document, making this combination unacceptable.