Performing Notarial Acts Flashcards
6 cards from real MT NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Performing Notarial Acts flashcards as text
A signer brings you a document that has already been signed. The notarial certificate is for an acknowledgment. Which of the following is the correct action for the notary to take?
Answer: Require the signer to personally appear, identify them, and have them acknowledge that they willingly signed the document.
For an acknowledgment, the law does not require the notary to witness the act of signing. The signer must personally appear before the notary and acknowledge that they willingly signed the record for the purposes stated in it.
According to Montana law, which of the following is a required element in a notary's journal entry for every notarial act, unless specifically exempted?
Answer: The signature and address of each person for whom the act is performed.
Montana law requires each journal entry to include the signature, printed name, and address of the person for whom the notarial act was performed. Exceptions exist for certified copies and deposition transcripts. Recording a social security number is prohibited. While the fee, if any, must be recorded, the signature and address are a more fundamental requirement for most acts involving a signer.
A Montana notary is asked to certify a copy of a birth certificate. What should the notary do?
Answer: Both refuse the request and direct the signer to the appropriate official custodian of the record.
Montana notaries are prohibited from certifying copies of public records or documents that are publicly recordable, such as birth certificates. The proper procedure is for the notary to refuse the request and explain that an official certified copy must be obtained from the official custodian of the record (e.g., the Office of Vital Statistics or the County Clerk).
In performing a jurat (verification upon oath or affirmation), a Montana notary must perform all of the following actions EXCEPT:
Answer: Verify the contents of the document for accuracy.
A notary's role in a jurat is to witness the signature, administer an oath or affirmation where the signer attests to the truthfulness of the document's contents, and verify the signer's identity. The notary is not responsible for verifying the accuracy or legality of the document's contents; their function is to certify the act of signing and swearing.
A person signs a document in a representative capacity as the president of a corporation. The notarial certificate for an acknowledgment must include which of the following details?
Answer: The name of the person signing, their capacity (e.g., President), and the name of the corporation.
Montana Code Annotated §1-5-610(2) specifies that when a document is signed in a representative capacity, the notarial certificate must include the name of the individual who signed, the capacity in which they signed, and the name of the entity on whose behalf it was signed.
Which of the following components is known as the 'venue' in a notarial certificate?
Answer: The state and county where the notarization takes place.
The venue is a required part of every notarial certificate and indicates the location (state and county) where the notary public performed the notarial act.