Prohibited and Permissible Acts 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 Prohibited and Permissible Acts flashcards as text
A Montana notary is asked to notarize a deed in which the notary is named as the grantee. What must the notary do?
Answer: Decline, because the notary is a party with a direct beneficial interest
Montana law prohibits notarizing a record in which the notary or the notary's spouse is a party or has a direct beneficial or financial interest.
Which of the following may a Montana notary who is not an attorney legally do?
Answer: Complete a notarial certificate chosen by the signer
A non-attorney notary may complete the certificate the signer selects but may not choose the certificate type or give legal advice, which constitutes unauthorized practice of law.
A signer presents a document with several blank spaces and asks for notarization. What is the proper action for a Montana notary?
Answer: Refuse to notarize until the blanks are completed or lined through
Notarizing an incomplete record is prohibited because blanks could be filled in fraudulently after notarization.
Under Montana law, when MAY a notary refuse to perform a notarial act?
Answer: Whenever the notary chooses, except as prohibited by other law
Montana's RULONA provision allows a notary to refuse any notarization unless the refusal is prohibited by other law, such as discrimination statutes.
A Montana notary's brother-in-law asks her to notarize his loan documents. The notary has no financial interest in the loan. May she proceed?
Answer: Yes, because Montana disqualifies only the notary and the notary's spouse as parties or beneficiaries
Montana disqualifies a notary only when the notary or the notary's spouse is a party to or benefits from the record, so other relatives may generally be served.
Which advertising statement by a non-attorney Montana notary is prohibited?
Answer: 'I am licensed to practice law in Montana'
A notary who is not an attorney may not state or imply that they are licensed to practice law or may give legal advice.
A document is written entirely in a language the Montana notary cannot read, but the certificate is in English and the signer is properly identified. What is the safest, compliant course?
Answer: Notarize, since the notary certifies the signature, not the content, but only if able to communicate directly with the signer
The notarization certifies the signer's identity and signature rather than the document's content, but the notary must be able to communicate with the signer without relying on an interpreter's guesswork.