MT Notary Ethics and Professional Conduct 2

Question 1

A Montana notary is asked to notarize a deed in which the notary is named as the grantee. What must the notary do?

Accepted Answer

Refuse to perform the notarization because of a disqualifying interest

Answer

Montana law prohibits a notary from notarizing a document in which the notary is a party or has a direct beneficial interest.

Question 2

A signer offers a Montana notary a $50 tip for notarizing a single acknowledgment. What is the most ethical response?

Accepted Answer

Decline any amount above the maximum statutory fee

Answer

Montana caps notarial fees by statute, and accepting more than the allowed fee is improper even if offered voluntarily as a tip.

Question 3

A Montana notary's employer instructs her to notarize a stack of documents signed earlier by employees who have left for the day. What should she do?

Accepted Answer

Refuse because the signers are not personally appearing before her

Answer

Personal appearance of the signer at the time of notarization is required, and an employer's instruction never overrides this duty.

Question 4

A friend asks a Montana notary to explain which type of certificate—acknowledgment or jurat—his document needs. The notary is not an attorney. What should the notary do?

Accepted Answer

Ask the signer to choose or consult the document's issuing agency or an attorney

Answer

Selecting the notarial act for a signer constitutes the unauthorized practice of law, so the signer or a qualified professional must decide.

Question 5

Which action by a non-attorney Montana notary most clearly constitutes the unauthorized practice of law?

Accepted Answer

Preparing and advising on an immigration form for a fee

Answer

Preparing legal documents or giving advice about them, including immigration paperwork, is the practice of law reserved for licensed attorneys.

(MT Notary) Montana Notary Exam Practice Test

(MT Notary) Montana Notary Exam Practice Test

MT Notary Ethics and Professional Conduct 2