Notary Journal and Recordkeeping Flashcards

According to Montana law, which of the following details is a notary public explicitly prohibited from recording in their journal?

Answer: The signer's driver's license number

Montana Code Annotated 1-5-618(4) states that a notary public may not record a social security number, passport number, driver's license number, birth date, or any other information prohibited by the secretary of state in their journal. The other options are all required elements for a journal entry.

A Montana notary public resigns their commission. What is the legally mandated retention period for their notary journal(s) after the last entry?

Answer: 10 years

Montana law requires that notary journals be retained for 10 years after the performance of the last notarial act chronicled in the journal. This applies even if the notary's commission has terminated or been resigned.

When is a principal's signature NOT required in a Montana notary's journal entry?

Answer: When certifying a copy of a document

Montana law specifies exceptions for when a principal's signature is required in the journal. Certifying transcripts of depositions and certifying copies of documents do not require the signature of the individual for whom the act is performed.

A notary in Helena is asked to perform a notarization. Which of the following formats is unacceptable for a notary journal in Montana?

Answer: A three-ring binder with loose-leaf pages

Montana law requires journals to be either a permanent, bound paper journal designed to deter fraud or a permanent, tamper-evident electronic journal. A loose-leaf binder is not acceptable because pages can be easily removed or altered, which defeats the purpose of a secure and permanent record.

Which of the following is a required component of every journal entry for a notarial act performed in Montana?

Answer: The type of notarial act performed

Montana law requires each journal entry to include several key elements, one of which is the type of notarial act (e.g., acknowledgment, jurat, copy certification). While the county is part of the notarial certificate, it's the type of act that is a mandatory part of the journal entry itself. A credible witness is only noted if used, and the signer's occupation is not required.

A signer presents a Montana notary with a document to be notarized, but asks the notary to leave the journal entry blank for privacy reasons, promising to let them fill it in later. How should the notary proceed?

Answer: Refuse the notarization until the signer agrees to have the journal entry completed at the time of the act.

Montana law requires that entries in a notary journal must be made contemporaneously with the performance of the notarial act. Failing to complete the journal entry at the time of the notarization is a violation of this requirement. The notary must refuse the notarization if the signer will not allow a complete journal entry to be made at that time.