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Performing Notarial Acts Flashcards

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  1. Which of the following signers satisfies Montana's personal appearance requirement for a traditional (non-remote) notarization?

    Answer: A signer standing in front of the notary at the time of notarization

    Traditional notarization requires the signer's physical presence before the notary at the time of the act.

  2. A Montana notary may identify a signer she does not personally know by:

    Answer: A current government-issued ID with photograph and signature, or the oath of a credible witness

    Satisfactory evidence of identity means a current government-issued ID or verification by a credible witness under oath.

  3. A signer presents a document in a language the notary cannot read, but the notarial certificate is in English. The notary should:

    Answer: She may proceed if she can communicate directly with the signer and the certificate is in English

    A notary notarizes signatures, not content, so a foreign-language document may be notarized if the certificate is in English and direct communication is possible.

  4. While performing an acknowledgment, the notary suspects the elderly signer does not understand the document and is being pressured by a relative. The notary should:

    Answer: Refuse to perform the notarization

    A notary must refuse if the signer does not appear to act knowingly, voluntarily, and with awareness.

  5. What is the key difference between an acknowledgment and a verification on oath (jurat)?

    Answer: An acknowledgment confirms the signature is the signer's voluntary act; a jurat adds a sworn statement that the contents are true

    An acknowledgment attests to a voluntary signature, while a jurat also involves swearing to the truth of the document's contents.

  6. A credible witness used to identify a signer in Montana must:

    Answer: Personally know the signer, be personally known to the notary or properly identified, and take an oath

    A credible witness must know the signer, be identifiable to the notary, and swear to the signer's identity.

  7. A notary is asked to notarize her own signature on her personal vehicle title. She should:

    Answer: Have another notary perform the notarization

    A notary is disqualified from notarizing her own signature and must use a different notary.