MT Notary Laws and Regulations 2 — Questions and Answers
Question 1: Under Montana law, what is the maximum fee a notary may charge for a single notarial act?
- $10 (Correct answer)
- $5
- $25
- $15
Correct answer: $10
Montana law caps the fee for a notarial act at $10, though notaries may charge less or nothing at all.
Question 2: How long is the term of a Montana notary public commission?
- 4 years (Correct answer)
- 2 years
- 6 years
- 10 years
Correct answer: 4 years
A Montana notary commission is valid for four years from the date of issuance.
Question 3: Which Montana statute title primarily governs notaries public?
- Title 1, Chapter 5 (Revised Uniform Law on Notarial Acts) (Correct answer)
- Title 30, Chapter 14
- Title 45, Chapter 7
- Title 61, Chapter 3
Correct answer: Title 1, Chapter 5 (Revised Uniform Law on Notarial Acts)
Montana adopted the Revised Uniform Law on Notarial Acts, codified in Title 1, Chapter 5 of the Montana Code Annotated.
Question 4: A Montana notary is asked to notarize a document for their spouse who will receive a direct financial benefit from the transaction. What must the notary do?
- Refuse to perform the notarization due to a disqualifying interest (Correct answer)
- Perform it but note the relationship in the journal
- Perform it if the spouse signs a waiver
- Perform it only with a second witness present
Correct answer: Refuse to perform the notarization due to a disqualifying interest
Montana law disqualifies a notary from acting when the notary or the notary's spouse is a party to or has a direct beneficial interest in the transaction.
Question 5: What is the minimum amount of the surety bond required for a Montana notary public?
- $25,000 (Correct answer)
- $10,000
- $5,000
- $50,000
Correct answer: $25,000
Montana requires notaries to obtain and maintain a $25,000 surety bond for the term of their commission.
Question 6: Who commissions notaries public in Montana?
- The Secretary of State (Correct answer)
- The Attorney General
- The Governor
- The county clerk and recorder
Correct answer: The Secretary of State
The Montana Secretary of State issues, renews, and administers notary public commissions.
Question 7: A signer presents a document dated three years ago and asks the notary to backdate the notarial certificate to match. What should the notary do?
- Complete the certificate with the actual date of notarization (Correct answer)
- Backdate the certificate as requested
- Use the document's date if the signer swears to it
- Leave the date blank for the signer to fill in
Correct answer: Complete the certificate with the actual date of notarization
A notarial certificate must always show the true date the notarial act was performed; backdating is prohibited.
MT Notary Laws and Regulations 2
Under Montana law, what is the maximum fee a notary may charge for a single notarial act?