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Notary Journal and Recordkeeping Flashcards

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  1. A court subpoenas a Montana notary's journal in a fraud lawsuit. The notary should:

    Answer: Comply with the lawful subpoena, producing the journal or certified copies as directed

    Journals are subject to lawful subpoena, and the notary must comply while otherwise safeguarding the record.

  2. A member of the public asks to flip through a notary's entire journal out of curiosity. The notary should:

    Answer: Deny access, since inspection is limited and other entries contain private information

    Access to journal entries is limited; allowing open browsing would expose other signers' private information.

  3. Which scenario shows a proper chronological journal practice?

    Answer: Recording entries in sequence with no gaps or skipped spaces

    Entries should be sequential without gaps so no one can insert fraudulent entries later.

  4. A notary performing both paper and electronic notarizations in Montana may:

    Answer: Keep one tangible journal and one or more electronic journals

    Montana permits one tangible journal at a time plus electronic journals for notarial acts.

  5. Five years after a notarization, a signer claims she never appeared before the notary. What makes the journal the notary's best defense?

    Answer: The contemporaneous entry documents the date, act, document, and identification method

    A contemporaneous entry is credible evidence that the signer personally appeared and was properly identified.

  6. A notary realizes she forgot to journal a notarization performed yesterday. The best course of action is to:

    Answer: Make the entry now in the next available space, noting the actual date of the act and the late entry

    A late entry should be made in the next sequential space with an honest notation of the act's actual date, never squeezed in or backdated.

  7. Which of these may a Montana notary safely record in the journal?

    Answer: The type of identification credential presented, such as 'Montana driver's license'

    The journal should describe the identification method or credential type without copying sensitive numbers or unrelated personal details.