Remote and Electronic Notarization Flashcards

A Montana notary is preparing to perform a Remote Online Notarization (RON). Which of the following is a mandatory requirement regarding the physical location of the notary and the signer?

Answer: The notary must be physically located in Montana, but the signer can be anywhere in the world.

Montana law requires that the notary public must be physically within the borders of Montana at the time of a Remote Online Notarization (RON). However, the law places no restrictions on the geographic location of the principal (signer), who may be located anywhere in the U.S. or internationally.

When performing a remote notarization in Montana, which of the following is a key distinction between a Remote Online Notarization (RON) and a Remote Ink-Signed Notarization (RIN)?

Answer: RON is used for electronic documents with digital signatures, while RIN is used for tangible (paper) documents with wet-ink signatures.

The fundamental difference lies in the nature of the document. Remote Online Notarization (RON) involves an entirely electronic process with electronic documents and digital signatures/seals. Remote Ink-Signed Notarization (RIN) is a hybrid process where the signer appears remotely via audio-visual technology but signs a physical, tangible paper document, which is then sent to the notary to be completed with a wet-ink signature and an ink stamp.

A Montana notary performs a remote online notarization for a principal. In addition to the standard journal entry, what other record must the notary create and maintain for this specific transaction?

Answer: A complete audio-visual recording of the notarial session.

Montana law mandates that all remote and remote online notarizations must be recorded electronically. This audio-visual recording of the entire communication between the notary and the signer is a required record, which the notary must retain in their sole possession or transmit to an approved repository.

Before a Montana notary can legally perform any remote or electronic notarizations, they must complete several steps. Which of the following is a required prerequisite?

Answer: Complete an approved course, pass an exam, and notify the Secretary of State by submitting an information update form.

To be authorized to perform technology-based notarizations like RON, a commissioned Montana notary must select a technology provider, complete an approved course of instruction, pass an examination based on that course, and then submit a 'Notary Public Information Update' form with proof of completion to the Secretary of State.

A signer located in another country needs an acknowledgment notarized on a tangible, paper document. Which type of remote notarization is permissible for this scenario under Montana law?

Answer: Remote Ink-Signed Notarization (RIN), because it involves a tangible document and remote appearance.

Montana is one of the few states that allows for the remote notarization of tangible (paper) documents, often called Remote Ink-Signed Notarization (RIN). This process involves the signer appearing via communication technology and signing a paper document, which is then physically delivered to the Montana-based notary for completion. The law specifically allows only acknowledgments to be performed in this manner.

Regarding the journal entry for a remote online notarization, Montana law provides a specific alternative to obtaining the principal's physical signature. What must the journal entry contain in lieu of the principal's signature?

Answer: A reference to the storage location of the audio-visual recording of the session.

According to Montana Code Annotated 1-5-618, if a notarial act is performed using communication technology (like RON), the journal entry does not require the principal's signature. Instead, the journal record must reference the storage location of the required audio-video recording of the session.