MT Notary Document Handling and Verification 3 — Questions and Answers
Question 1: A Montana notary notices the date on the document is three weeks in the future. What is the correct handling of the notarial certificate date?
- The certificate must show the actual date the notarization is performed (Correct answer)
- The certificate should match the future document date
- The notary may leave the certificate undated
- The notary should backdate to when the document was drafted
Correct answer: The certificate must show the actual date the notarization is performed
The notarial certificate must always state the true date of the notarial act, regardless of the document's date.
Question 2: Which situation requires a Montana notary to refuse the notarization?
- The signer appears confused and cannot explain what the document is (Correct answer)
- The document is handwritten instead of typed
- The signer is in a wheelchair
- The document was drafted in another state
Correct answer: The signer appears confused and cannot explain what the document is
A notary must refuse when the signer does not appear to understand the transaction or act willingly.
Question 3: A signer physically cannot sign due to injury. How may a Montana notary proceed?
- Another individual may sign the signer's name at the signer's direction and in the notary's presence (Correct answer)
- The notary signs on the signer's behalf without witnesses
- The notarization must be refused entirely
- The signer's spouse signs without any notation
Correct answer: Another individual may sign the signer's name at the signer's direction and in the notary's presence
Montana law allows signature by proxy when directed by the disabled signer in the presence of the notary, with proper notation.
Question 4: What must a Montana notary verify before completing a jurat on an affidavit?
- That the signer signed in the notary's presence and took an oath or affirmation (Correct answer)
- That the signer signed the document sometime earlier
- That the affidavit was reviewed by an attorney
- That the document contains at least two witnesses
Correct answer: That the signer signed in the notary's presence and took an oath or affirmation
A jurat requires the signer to sign in the notary's presence and swear or affirm the contents are true.
Question 5: A remote online notarization is requested by a signer located outside Montana. What must the Montana notary confirm about the document?
- That the record or transaction meets statutory requirements, such as relating to matters the notary may lawfully act on (Correct answer)
- That the document will be printed within 24 hours
- That the signer once lived in Montana
- That the document is under ten pages
Correct answer: That the record or transaction meets statutory requirements, such as relating to matters the notary may lawfully act on
For remotely located signers, Montana law imposes conditions on the transaction, such as involving property or matters connected to the United States or compliance with statutory criteria.
Question 6: The notarial certificate on a presented document names a different county than where the notarization is occurring. What should the notary do?
- Correct the venue to reflect the actual county where the act takes place (Correct answer)
- Leave the venue unchanged to match the document
- Omit the venue entirely
- Use the county where the signer resides
Correct answer: Correct the venue to reflect the actual county where the act takes place
The venue must state the actual location where the notarial act is performed, so it should be corrected before signing.
Question 7: Which of the following is a red flag that should prompt a Montana notary to scrutinize an ID more carefully?
- The lamination is peeling and the photo appears altered (Correct answer)
- The ID was issued in a neighboring state
- The signer looks a few years older than the photo
- The ID uses the signer's middle initial
Correct answer: The lamination is peeling and the photo appears altered
Physical tampering signs like peeling lamination or altered photos suggest a fraudulent ID and warrant refusal or further verification.
MT Notary Document Handling and Verification 3
A Montana notary notices the date on the document is three weeks in the future.
What is the correct handling of the notarial certificate date?