Notarial Acts and Procedures Flashcards
7 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 7 Notarial Acts and Procedures flashcards as text
A Montana notary performing a remote online notarization must do which of the following?
Answer: Create and retain an audio-visual recording of the notarial act
Remote notarizations require an audio-visual recording of the performance of the act, retained for the statutory period.
During a remote notarization for a Montana notary, where must the notary be located?
Answer: Physically within the state of Montana
The commissioned Montana notary must be physically located in Montana when performing the notarial act, though the remote signer may be elsewhere.
A signer at a hospital appears heavily medicated and confused. The paperwork is urgent. What should the Montana notary do?
Answer: Decline the notarization because the signer's awareness and willingness cannot be confirmed
If a signer cannot demonstrate awareness of the document and its consequences, the notary must refuse regardless of urgency.
A Montana notary is asked to notarize for a signer who speaks only a language the notary does not understand, using a translator. What is the best practice?
Answer: Decline unless the notary can communicate directly with the signer, since a translator's accuracy cannot be verified
Direct communication between notary and signer is required to confirm identity, willingness, and awareness, which an intermediary cannot guarantee.
Which act is a Montana notary authorized to perform?
Answer: Administering an oath of office or oath for an affidavit
Notaries may administer oaths and affirmations, but document preparation and legal representation would be the unauthorized practice of law.
A relative asks a Montana notary to notarize their signature on a deed transferring property to the notary's spouse. The notary should:
Answer: Refuse, because the notary's spouse benefiting from the transaction creates a disqualifying interest
A benefit flowing to the notary's spouse gives the notary an indirect interest that disqualifies them from performing the act.
After completing a notarial act, a signer asks the Montana notary to mail the original stamped document but keep 'a signed extra certificate just in case.' The notary should:
Answer: Refuse to leave any signed, stamped certificate detached from a completed notarial act
Signed or stamped loose certificates can be fraudulently attached to other documents, so a notary must never issue them.