MT Notary - Montana Notary Identifying Signers and Credibility Questions and Answers 1 — Questions and Answers
Question 1: A signer appears before a Montana notary without any acceptable identification. The signer's spouse, who is also present, offers to serve as a credible witness. The notary personally knows the spouse. Which of the following is the most appropriate action for the notary to take?
- Administer an oath to the spouse, have them sign the journal as a credible witness, and then complete the notarization for the signer. (Correct answer)
- Refuse to use the spouse as a credible witness because they are likely an interested party in the transaction.
- Allow the spouse to act as a witness only if they present two forms of their own government-issued ID.
- Proceed with the notarization as long as the spouse's name is not mentioned anywhere in the document being signed.
Correct answer: Administer an oath to the spouse, have them sign the journal as a credible witness, and then complete the notarization for the signer.
In Montana, a notary may identify a signer through a credible witness if the notary personally knows the witness. The witness must be placed under oath to affirm the identity of the signer. While it is best practice for a credible witness to be a neutral party, Montana law does not explicitly prohibit a spouse from serving in this capacity, provided the notary personally knows them and properly administers the oath.
Question 2: An individual presents a document for notarization and offers a valid, unexpired U.S. Military ID as proof of identity. The ID contains a photo and a signature. According to Montana law, how should the notary proceed?
- Ask for a secondary form of ID because a military ID is not sufficient on its own.
- Reject the ID and request a state-issued driver's license or ID card instead.
- Accept the military ID as satisfactory evidence of identity and proceed with the notarization. (Correct answer)
- Accept the ID only if the document being notarized is for military purposes.
Correct answer: Accept the military ID as satisfactory evidence of identity and proceed with the notarization.
Montana law allows a notary to accept as satisfactory evidence of identity a current, government-issued identification card that contains a photograph or a signature. A U.S. Military ID meets these requirements and is an acceptable form of identification for a notarial act.
Question 3: Which of the following best defines "personal knowledge" as a method for a Montana notary to identify a signer?
- Having been formally introduced to the signer by a trusted colleague immediately before the notarization.
- Recognizing the signer from seeing them frequently in the same office building.
- Having an acquaintance with the individual through dealings over time sufficient to provide reasonable certainty of their identity. (Correct answer)
- Verifying the signer's identity online through a social media profile that matches their appearance.
Correct answer: Having an acquaintance with the individual through dealings over time sufficient to provide reasonable certainty of their identity.
Montana Code Annotated 1-5-603(12)(a) defines personal knowledge as being "personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed." This implies a relationship built over time, not a brief or casual acquaintance.
Question 4: A signer presents a Montana driver's license that expired one week ago. The photo is a clear likeness of the individual. What is the correct action for the Montana notary?
- Accept the license since the expiration was recent and the photo matches.
- Make a note in the journal that the ID was recently expired and proceed.
- Refuse to accept the expired license and request a current, valid form of identification. (Correct answer)
- Have the signer take an oath affirming their identity to supplement the expired ID.
Correct answer: Refuse to accept the expired license and request a current, valid form of identification.
Montana law requires that identification used to verify a signer's identity must be current. An expired driver's license, regardless of how recently it expired, is not considered current and is therefore not acceptable as satisfactory evidence of identity.
Question 5: A notary is asked to notarize a signature for an elderly man who seems confused about the document's content and appears to be under pressure from a family member who is present. The notary's primary responsibility in this situation is to:
- Verify the signer's identity with a valid ID and proceed, as the document's content is not the notary's concern.
- Ask the family member to explain the document to the signer to ensure understanding.
- Notarize the signature but add a detailed note in the journal about the signer's apparent confusion and the family member's presence.
- Refuse to perform the notarization until the notary is confident the signer is aware, willing, and not under coercion. (Correct answer)
Correct answer: Refuse to perform the notarization until the notary is confident the signer is aware, willing, and not under coercion.
A notary's role extends beyond just identifying the signer. A notary must also determine that the signer understands the document they are signing and is doing so willingly. If there are any signs of confusion, lack of awareness, or coercion, the notary must refuse to proceed to protect the signer and the integrity of the transaction.
Question 6: When identifying a signer in Montana, which of the following is NOT an acceptable method?
- Personal knowledge of the signer.
- Presentation of a current, government-issued ID with a photograph.
- The sworn testimony of a single credible witness who is personally known to the notary.
- Presentation of a valid birth certificate combined with a signed credit card. (Correct answer)
Correct answer: Presentation of a valid birth certificate combined with a signed credit card.
The acceptable methods for identifying a signer in Montana are personal knowledge, satisfactory evidence in the form of a current government-issued ID with a photo or signature, or the oath of a credible witness. A birth certificate lacks a photo and physical description, and a credit card is not a government-issued identification document, making this combination unacceptable.
MT Notary - Montana Notary Identifying Signers and Credibility Questions and Answers 1
A signer appears before a Montana notary without any acceptable identification.
The signer's spouse, who is also present, offers to serve as a credible witness.
The notary personally knows the spouse.
Which of the following is the most appropriate action for the notary to take?