MT Notary Ethics and Professional Conduct 3 — Questions and Answers
Question 1: A Montana notary's spouse asks her to notarize his signature on a loan document from which she receives no benefit. What is the best practice?
- Decline or proceed with caution, since notarizing for a spouse risks a disqualifying interest challenge (Correct answer)
- Notarize freely because spouses are exempt from conflict rules
- Notarize only after the spouse signs a waiver
- Refuse only if the loan exceeds $10,000
Correct answer: Decline or proceed with caution, since notarizing for a spouse risks a disqualifying interest challenge
Marital property interests can give a notary an indirect beneficial interest, so notarizing for a spouse is discouraged and may be prohibited.
Question 2: A signer presents an expired driver's license as identification. The Montana notary knows the signer casually from church. What should the notary do?
- Require satisfactory identification, such as a current ID or a credible witness, before proceeding (Correct answer)
- Accept the expired license since the photo still matches
- Proceed based on the casual acquaintance alone
- Notarize but note 'ID expired' in the certificate
Correct answer: Require satisfactory identification, such as a current ID or a credible witness, before proceeding
Casual familiarity is not personal knowledge, so the notary needs valid identification or a credible witness before notarizing.
Question 3: A title company offers a Montana notary a bonus for every closing where she overlooks minor identification problems. Accepting this arrangement would be:
- Official misconduct that could lead to commission revocation and liability (Correct answer)
- Acceptable because the employer assumes the risk
- Acceptable if disclosed to the signers
- A private business matter outside state regulation
Correct answer: Official misconduct that could lead to commission revocation and liability
Agreeing to ignore identification requirements for compensation is misconduct exposing the notary to revocation, civil liability, and criminal penalties.
Question 4: During a notarization, a Montana notary realizes the signer appears confused and cannot describe what the document does. What is the appropriate action?
- Postpone the notarization because the signer may lack awareness or willingness (Correct answer)
- Proceed since judging capacity is a court's job
- Have a family member confirm the signer's intent and proceed
- Read the document aloud and then notarize
Correct answer: Postpone the notarization because the signer may lack awareness or willingness
A notary should not proceed when the signer does not appear to understand the transaction or act willingly.
Question 5: A Montana notary is asked by her employer to disclose journal details about a customer's notarization to a marketing team. What should she do?
- Decline, because journal information should only be shared as the law allows (Correct answer)
- Share it since the journal belongs to the employer
- Share only the customer's name and address
- Sell the information at fair market value
Correct answer: Decline, because journal information should only be shared as the law allows
The journal is the notary's own record, and disclosing entries for marketing rather than lawful inspection purposes breaches the notary's duty.
Question 6: A Montana notary who resigns her commission should do what with her official stamp?
- Destroy or disable it so it cannot be misused (Correct answer)
- Give it to her employer for the next notary
- Mail it to the county clerk for reuse
- Keep it as a souvenir in her desk
Correct answer: Destroy or disable it so it cannot be misused
Upon resignation or expiration, the notary must destroy or disable the stamp to prevent fraudulent use.
Question 7: Which fee practice is ethical for a Montana notary performing a mobile notarization?
- Charging the statutory notarial fee plus a separately disclosed, agreed-upon travel fee (Correct answer)
- Bundling travel into one inflated notarial fee
- Charging double the statutory fee for after-hours work
- Charging whatever the local market will bear for the notarial act
Correct answer: Charging the statutory notarial fee plus a separately disclosed, agreed-upon travel fee
Travel charges are permissible only when disclosed and agreed to in advance and kept separate from the capped notarial fee.
MT Notary Ethics and Professional Conduct 3
A Montana notary's spouse asks her to notarize his signature on a loan document from which she receives no benefit.
What is the best practice?